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Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to make a complaint. The Defendant has the right 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, your damages award will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant had an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms evaluate an individual's behavior to what a typical person would do under the same circumstances to determine what constitutes an acceptable standard of care. Expert witnesses are often required when cases involve medical malpractice. Experts who are knowledgeable in a specific field could also be held to an even higher standard of care than other individuals in similar situations.

If someone violates their duty of care, they could cause harm to the victim and/or their property. The victim must then demonstrate that the defendant's violation of their duty led to the harm and damages they sustained. Causation proof is a crucial element in any negligence case and requires taking into consideration both the real reason for the injury or damages as well as the reason for the damage or injury.

If a driver is caught running a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged, they'll need to pay for repairs. The reason for the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury claim. A breach of duty occurs when the actions of the person at fault fall short of what an average person would do in similar circumstances.

A doctor, for instance has many professional obligations towards his patients. These obligations stem from state law and licensing bodies. Motorists are required to show care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. Any driver who fails to adhere to this obligation and creates an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable persons" standard to demonstrate that there is a duty of care and then show that defendant did not adhere to this standard with his actions. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not.

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

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision, 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 won't affect the jury’s determination of the degree of fault.

It is possible to establish a causal link between a negligent action and the plaintiff's psychological problems. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or has abused 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 extensive experience in representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle accident lawyer vehicle litigation, a person can recover both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added up and calculated as a sum, such as medical treatment, lost wages, property repair, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of living, cannot be reduced to financial value. However, these damages must be proved to exist by a variety of evidence, including deposition testimony of the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony.

In cases involving multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be split between them. The jury must decide the percentage of blame each defendant is accountable for the incident and then divide the total damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of cars or trucks. The resulting analysis of whether the presumption of permissive usage applies is complex and usually only a clear evidence that the owner has explicitly refused permission to operate the car will overcome it.