Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that when a jury finds that you are responsible for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule does not apply to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed the duty of care towards them. The majority of people owe this obligation to everyone else, however those who sit behind the wheel of a motor vehicle have an even higher duty to the people in their area of operation. This includes not causing motor vehicle accidents.

In courtrooms, the standards of care are determined by comparing an individual's behavior against what a normal individual would do under similar circumstances. In the event of medical malpractice expert witnesses are typically required. Experts who have a superior understanding in a specific field could also be held to an even higher standard of care than other people in similar situations.

A person's breach of their duty of care can cause harm to a victim, or their property. The victim must then show that the defendant's infringement of their duty caused the harm and damages they suffered. Proving causation is an essential element in any negligence case and requires considering both the actual causes of the injury damages, as well as the causal reason for the damage or injury.

If someone is driving through an intersection then they are more likely to be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. The cause of a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to receive compensation for a personal injury claim. A breach of duty occurs when the at-fault party's actions fall short of what reasonable people would do in similar circumstances.

For instance, a doctor has several professional obligations to his patients that are governed by the law of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a motorist violates this duty of care and results in an accident, he is liable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then prove that the defendant failed to comply with the standard in his actions. It is a matter of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example an individual defendant could have been a motorist who ran a red light, but the action wasn't the main reason for your bicycle crash. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For instance, if a plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends, his or her lawyer might argue that the accident caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not affect the jury's decision to determine fault.

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

If you've been involved in a serious motor vehicle accident it is essential to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in various specialties as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

The damages plaintiffs can seek in motor vehicle litigation include both economic and non-economic damages. The first type of damages encompasses all monetary costs which can easily be summed up and then calculated into an overall amount, including medical treatments as well as lost wages, repairs to property, and even future financial loss, such the loss of earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment of living are not able to be reduced to money. The proof of these damages is through extensive evidence such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine the proportion of damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant was at fault for the incident and then divide the total damages awarded by that percentage of fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of those cars and trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear evidence that the owner has explicitly refused permission to operate the vehicle will overcome it.