Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The Defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident the damages you incur will be reduced according to your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant had an obligation of care to them. Almost everybody owes this duty to everyone else, however those who are behind the wheel of a motor Vehicle accident law firm vehicle have a greater obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause motor vehicle accident attorneys vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual's behavior against what a normal individual would do under similar circumstances. In the case of medical malpractice experts are typically required. Experts with more experience in a certain field may be held to a higher standard of care.

When a person breaches their duty of care, it may cause injury to the victim or their property. The victim has to show that the defendant violated their duty and caused the harm or damages they suffered. The proof of causation is an essential part of any negligence case, and it involves looking at both the actual cause of the injury or damages as well as the reason for the injury or damage.

For instance, if someone is stopped at a red light and is stopped, they'll be hit by another car. If their vehicle is damaged, they'll have to pay for the repairs. However, the real cause of the crash might be a cut on bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault fall short of what a reasonable person would do in similar circumstances.

A doctor, for example, has a number of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Drivers are obliged to protect other motorists as well as pedestrians, and to follow traffic laws. If a motorist violates this duty of care and results in an accident, he is responsible for the victim's injuries.

A lawyer may use the "reasonable individuals" standard to prove that there is a duty of prudence and then show that defendant did not adhere to this standard in his conduct. It is a question of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that's not what caused the accident on your bicycle. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must prove a causal link between breach of the defendant and their injuries. If a plaintiff suffers an injury to the neck in a rear-end collision and his or motor vehicle Accident law firm her attorney will argue that the crash was the reason for the injury. Other elements that could have caused the collision, like being in a stationary car are not culpable and won't affect the jury's determination of the cause of the accident.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It may be that the plaintiff has had a difficult past, has a bad relationship with their parents, or has used drugs or alcohol.

It is important to consult an experienced lawyer when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes the costs of monetary value that can be easily added together and summed up into a total, such as medical expenses, lost wages, repairs to property, or even a future financial loss, for instance diminished earning capacity.

New York law also recognizes the right to recover non-economic damages like pain and suffering and loss of enjoyment of life which cannot be reduced to a monetary amount. These damages must be established through extensive evidence such as depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury must determine the percentage of fault each defendant is responsible for the incident and then divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these trucks and cars. The analysis to determine whether the presumption is permissive or not is complicated. Most of the time there is only a clear proof that the owner denied permission for the driver to operate the vehicle will be sufficient to overturn the presumption.