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motor vehicle accident attorney Vehicle Litigation

If the liability is challenged in court, it becomes necessary to file a lawsuit. The defendant has the option 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 the damages you incur will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence suit the plaintiff must show that the defendant owed them a duty to act with 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 activity. This includes ensuring that they do not cause motor vehicle accidents.

In courtrooms the standard of care is determined by comparing an individual's behavior to what a normal person would do under similar circumstances. In the event of medical negligence, expert witnesses are usually required. Experts who have a greater understanding of particular fields may be held to a higher standard of care.

When someone breaches their duty of care, it may cause harm to the victim and/or their property. The victim has to demonstrate that the defendant's violation of their duty resulted in the harm and damages they have suffered. The proof of causation is an essential aspect of any negligence claim which involves investigating both the primary cause of the injury or damages and the proximate cause of the damage or injury.

For instance, if a person runs a red light and is stopped, they'll be struck by another car. If their car is damaged they'll be accountable for the repairs. The real cause of an accident could be a brick cut that causes an infection.

Breach of Duty

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

For instance, a doctor has many professional obligations towards his patients. These professional obligations stem from laws of the state and licensing bodies. Motorists have a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. When a driver breaches this duty of care and results in an accident, he is liable for the victim's injuries.

Lawyers can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not comply with the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the breach by the defendant was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example the defendant could have crossed a red line, but his or her action wasn't the main cause of the crash. 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 his or her injuries. If the plaintiff sustained neck injuries in a rear-end accident and his or her attorney will argue that the crash was the reason for the injury. Other factors that are essential in causing the collision like being in a stationary vehicle are not culpable and will not affect the jury's decision of the liability.

It may be harder to establish a causal connection between a negligent action and the plaintiff's psychological symptoms. It could be because the plaintiff has a rocky past, has a bad relationship with their parents, or is a user of alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident lawsuit vehicle accident cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages plaintiffs can seek in a motor vehicle case include both economic and non-economic damages. The first category of damages encompasses the costs of monetary value that can easily be added up and summed up into a total, for example, medical treatment as well as lost wages, repairs to property, or even a future financial loss, like diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment, cannot be reduced to cash. The damages must be proven with a large amount of evidence, such as depositions of family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be divided between them. The jury must determine the amount of fault each defendant had for the accident, and then divide the total amount of damages by that percentage of the fault. New York law however, does not allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward, and typically only a clear evidence that the owner explicitly was not granted permission to operate the vehicle will overcome it.