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Motor Vehicle Litigation

When liability is contested then it is necessary to file a lawsuit. The defendant will then be given the chance to respond to the complaint.

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

Duty of Care

In a negligence lawsuit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who are behind the driving wheel of a motorized vehicle have a greater obligation to other people in their field of operation. This includes not causing accidents in motor vehicle accident lawyers vehicles.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to establish what is reasonable standards of care. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who are knowledgeable of a specific area may also be held to the highest standards of care than others in similar situations.

A breach of a person's duty of care can cause harm to a victim, or their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the injury and damages that they suffered. Causation proof is a crucial element in any negligence case, and it involves taking into consideration both the real cause of the injury or motor Vehicle accident attorney damages as well as the proximate cause of the damage or injury.

If a person is stopped at an stop sign, they are likely to be hit by a car. If their car is damaged, they'll need to pay for repairs. The cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault person are not in line with what a normal person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients stemming from laws of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, and respect traffic laws. When a driver breaches this obligation of care and results in an accident, the driver is responsible for the victim's injuries.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care and then prove that the defendant failed to satisfy the standard through his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have been a motorist who ran a red light, but his or her action wasn't the proximate cause of the crash. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle accident attorney vehicle accidents, the plaintiff must prove a causal link between the defendant's breach and their injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends the lawyer might argue that the accident caused the injury. Other elements that are required to cause the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's determination of liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with their parents, experimented with alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological issues is suffering from following a crash, but the courts generally view these factors as an element of the background conditions from which the plaintiff's accident occurred, rather than as an independent reason for the injuries.

If you've been involved in a serious motor vehicle accident it is essential to consult an experienced 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 developed working relationships with independent physicians across a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that a plaintiff may recover in a motor vehicle accident lawsuits vehicle lawsuit include both economic and non-economic damages. The first category of damages encompasses all financial costs that can easily be added up and summed up into a total, such as medical treatments, lost wages, repairs to property, and even future financial loss, like loss of earning capacity.

New York law also recognizes the right to seek non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. However these damages must be established to exist with the help of extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be split between them. This requires the jury to determine how much fault each defendant had for the accident and to then divide the total damages award by that percentage of fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complicated and typically only a clear proof that the owner has explicitly did not have permission to operate his vehicle will be able to overcome it.