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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant will then be given the opportunity to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule does not apply to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a lawsuit for negligence, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, but individuals who get behind the driving wheel of a motorized vehicle are obligated 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 with what a normal person would do under similar circumstances to determine reasonable standards of care. In the event of medical malpractice expert witnesses are typically required. Experts who have a superior understanding in a particular field may also be held to a higher standard of care than other people in similar situations.

If someone violates their duty of care, it could cause injury to the victim or their property. The victim must then show that the defendant's infringement of their duty resulted in the injury and damages that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and actual causes of the injuries and damages.

For instance, if someone runs a red light then it's likely that they'll be hit by another car. If their car is damaged, they will have to pay for the repairs. The real cause of a crash could be a brick cut that develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty committed by an individual defendant. This must be proven in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault do not match what a reasonable person would do in similar circumstances.

For instance, a doctor has a variety of professional duties towards his patients that are derived from laws of the state and licensing bodies. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is liable for the injury suffered by the victim.

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

The plaintiff must also prove that the defendant's negligence was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light, however, that's not the reason for the accident on your bicycle. Because of this, causation is often contested by defendants in collision cases.

Causation

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

For psychological injuries However, the connection between a negligent act and an injured plaintiff's symptoms may be more difficult to establish. It could be because the plaintiff has a turbulent past, has a bad relationship with their parents, or has abused alcohol or drugs.

If you've been involved in a serious motor vehicle accident it is crucial to speak with an experienced attorney. The attorneys 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 doctors across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages covers all costs that can be easily added together and then calculated into a total, for example, medical expenses or lost wages, repair to property, and even future financial loss, such loss of earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. These damages must be proved by a wide array of evidence, including 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 comparative negligence rules to determine how much of the total damages awarded should be split between them. The jury will determine the proportion of fault each defendant is responsible for the accident and then divide the total damages awarded by the percentage. New York law however, doesn't allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is complex and typically only a convincing evidence that the owner explicitly did not have permission to operate his car will be sufficient to overcome it.