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motor vehicle accident law firm Vehicle Litigation

A lawsuit is required when liability is in dispute. The defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules, which means that when a jury finds you to be at fault for causing a crash the damages awarded to you will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant had the duty of care towards them. This duty is due to everyone, but those who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical person would do under similar circumstances to establish what is reasonable standards of care. Expert witnesses are often required when cases involve medical malpractice. Experts with a higher level of expertise in a particular field can also be held to an higher standard of care than others in similar situations.

If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim is then required to show that the defendant's infringement of their duty led to the injury and damages that they sustained. Causation is a key element of any negligence claim. It involves proving the primary and secondary causes of the injuries and damages.

For instance, if a driver is stopped at a red light then it's likely that they'll be hit by another car. If their vehicle is damaged, they will need to pay for repairs. But the reason for the accident could be a cut or bricks, which later turn into a potentially dangerous infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by an individual defendant. This must be proved for compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault party do not match what an ordinary person would do under similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients. These professional obligations stem from laws of the state and licensing bodies. Drivers have a duty to care for other drivers and pedestrians, as well as to respect traffic laws. A driver who breaches this obligation and causes an accident is responsible for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant did not comply with the standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for his or her injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light however, that's not the reason for the accident on your bicycle. This is why the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained neck injuries in an accident that involved rear-end collisions, his or her attorney will argue that the incident caused the injury. Other factors that are essential to produce the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's decision of liability.

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

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

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages is any monetary costs that can easily be added to calculate the sum of medical treatment, lost wages, property repairs, and even future financial losses, like a decrease in earning capacity.

New York law also recognizes the right to seek non-economic damages, such as pain and suffering and loss of enjoyment of life which cannot be reduced to a monetary amount. These damages must be proved 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 involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be split between them. The jury must determine how much responsibility each defendant was responsible for the accident, and then divide the total damages awarded by that percentage of the fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The process to determine if the presumption is permissive or not is complicated. Most of the time the only way to prove that the owner denied permission for the driver to operate the vehicle can overcome the presumption.