Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant has the option to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find you responsible for the accident the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by the duty of care towards them. The majority of people owe this obligation to everyone else, but those who sit behind the steering wheel of a motor vehicle have a greater obligation to the other drivers in their zone of operation. This includes not causing accidents with motor vehicles.

Courtrooms examine an individual's conduct with what a normal person would do in similar circumstances to determine what constitutes reasonable standards of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of medical care.

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they suffered. Proving causation is an essential element in any negligence case, and it involves considering both the actual cause of the injury or damages, as well as the causal cause of the damage or injury.

For instance, if a person runs a red stop sign there is a good chance that they'll be hit by a vehicle. If their vehicle is damaged, they'll be accountable for repairs. But the actual cause of the crash could be a cut from a brick that later develops into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury suit. A breach of duty is when the actions taken by the at-fault party do not match what an ordinary person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients based on state law and licensing boards. Drivers are required to care for other drivers and pedestrians, as well as to obey traffic laws. If a motorist violates this duty of care and results in an accident, he is accountable for the victim's injuries.

A lawyer can use "reasonable individuals" standard to show that there is a duty of caution and then show that defendant failed to meet this standard in his actions. It is a question of fact that the jury has to decide whether the defendant met the standard or not.

The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light but that wasn't what caused the accident on your bicycle. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle accidents vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if a plaintiff suffered an injury to his neck in an accident that involved rear-ends and his or her lawyer will claim that the collision caused the injury. Other elements that are required to produce the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It could be more difficult to establish a causal connection between a negligent act and the plaintiff's psychological problems. The fact that the plaintiff has a an unhappy childhood, a poor relationship with his or her parents, was a user of drugs and alcohol or experienced prior unemployment could have a bearing on the severity of the psychological problems he or is suffering from following an accident, however, the courts typically look at these factors as an element of the background conditions that caused the accident occurred, rather than as an independent reason for the injuries.

It is imperative to consult an experienced lawyer when you've been involved in a serious motor Vehicle accident attorneys vehicle accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have built working relationships with independent doctors in many areas of expertise as well as experts in computer simulations as well as reconstruction of accidents.

Damages

The damages a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers the costs of monetary value that can easily be added up and calculated as an overall amount, including medical treatment or lost wages, repair to property, and even financial loss, motor vehicle accident attorneys for instance loss of earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life are not able to be reduced to money. The damages must be proven with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages award should be allocated between them. The jury has to determine the percentage of fault each defendant has for the accident and then divide the total amount of damages awarded by the percentage. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complex, and typically only a clear proof that the owner has explicitly refused permission to operate the vehicle will be able to overcome it.