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Motor Vehicle Litigation

When liability is contested then it is necessary to bring a lawsuit. The Defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find that you were at fault for an accident, your damages will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant was bound by an obligation of care to them. This duty is due to all, but those who drive a vehicle owe an even greater duty to other people in their field. This includes not causing motor vehicle accidents.

Courtrooms assess an individual's actions to what a typical individual would do under the same circumstances to determine what constitutes reasonable standards of care. In the event of medical negligence, expert witnesses are usually required. Experts who are knowledgeable in a particular field can also be held to the highest standards of care than other individuals in similar situations.

A breach of a person's duty of care could cause harm to the victim or their property. The victim has to demonstrate that the defendant did not fulfill their duty and caused the harm or damage that they suffered. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the injury and damages.

For example, if someone runs a red light there is a good chance that they'll be hit by another car. If their vehicle is damaged, they'll be responsible for the repairs. The real 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 aspect of negligence that has to be proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault do not match what an ordinary person would do under similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists have a duty of care to other motorists and pedestrians to be safe and follow traffic laws. A driver who breaches this duty and causes an accident is accountable for the injuries of the victim.

Lawyers can use the "reasonable persons" standard to prove that there is a duty to be cautious and then show that defendant did not comply with this standard in his conduct. It is a question of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the main cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not the cause of the accident on your bicycle. This is why causation is often contested by defendants in collision cases.

Causation

In motor vehicle accidents, the plaintiff must prove an causal link between breach by the defendant and their injuries. If a plaintiff suffered a neck injury in an accident with rear-end damage then his or her attorney would argue that the accident was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car are not considered to be culpable and will not affect the jury’s determination of the cause of the accident.

For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff had an uneasy childhood, a bad relationship with their parents, abused alcohol and drugs or previous unemployment may have some impact on the severity of the psychological problems he or suffers from following an accident, but courts generally view these factors as an element of the background conditions that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries.

If you have been in an accident that is serious to your vehicle it is crucial to consult 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 crash cases. Our lawyers have formed working relationships with independent physicians with a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle accident law firm vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages is all monetary costs which can easily be summed up and calculated as an overall amount, including medical expenses, lost wages, repairs to property, or even a future financial loss, such a diminished earning capacity.

New York law recognizes that non-economic damages such as pain and suffering, and loss of enjoyment can't be reduced to monetary value. However these damages must be proven to exist with the help of extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages award should be allocated between them. The jury must decide the percentage of blame each defendant carries for the incident, and divide the total damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use applies is not straightforward, and typically only a clear proof that the owner has explicitly did not have permission to operate his car will overcome it.