Motor Vehicle Litigation

If the liability is challenged then it is necessary to file a lawsuit. The defendant has the option to respond to the Complaint.

New York follows pure comparative fault rules which means that in the event that a jury finds you to be at fault for causing an accident the damages awarded will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, however individuals who get behind the car have a greater obligation to others in their area of operation. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's actions with what a normal person would do in the same conditions. Expert witnesses are frequently required in cases involving medical negligence. Experts with a higher level of expertise of a specific area may also be held to a higher standard of care than other individuals in similar situations.

A breach of a person's duty of care may cause harm to the victim or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they sustained. Causation is an essential element of any negligence claim. It requires proof of both the proximate and actual causes of the damage and injury.

If a person is stopped at an stop sign, they are likely to be hit by a car. If their vehicle is damaged, they'll have to pay for the repairs. But the actual cause of the crash could be a cut or a brick that later develops into a dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. The breach of duty must be proved in order to obtain compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault are not in line with what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients that are governed by the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a motorist violates this obligation of care and creates an accident, he is liable for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then prove that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the proximate cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant been a motorist who ran a red light, but his or her action was not the sole reason for your bicycle crash. For this reason, causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between breach of the defendant and their injuries. For instance, if the plaintiff suffered a neck injury from an accident that involved rear-ends the lawyer could claim that the collision caused the injury. Other elements that are required in causing the collision like being in a stationary vehicle are not culpable and do not affect the jury's determination of liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It may be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle accident, it is important to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and Motor Vehicle accident business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages includes all costs that can easily be summed up and summed up into an overall amount, including medical treatment as well as lost wages, repairs to property, and even future financial loss, like the loss of earning capacity.

New York law recognizes that non-economic damages, Motor Vehicle Accident such as suffering and pain, as well as loss of enjoyment can't be reduced to money. The proof of these damages is with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident and to then divide the total amount of damages by that percentage of the fault. New York law however, does not allow for this. 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is not straightforward, and typically only a convincing evidence that the owner was explicitly refused permission to operate the car will overcome it.