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motor vehicle accident attorneys Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to make a complaint. The defendant has the right 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 and you are found to be at fault, your damages will be reduced based on your percentage of blame. There is a caveat to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is due to all people, however those who operate a vehicle have an even greater duty to others in their field. This includes not causing car accidents.

In courtrooms, the standards of care are determined by comparing an individual's conduct with what a normal person would do in the same situations. In cases of medical malpractice expert witnesses are typically required. Experts with a superior understanding of particular fields may be held to a higher standard of medical care.

A breach of a person's obligation of care can cause harm to the victim or their property. The victim is then required to establish that the defendant's breach of duty caused the injury and damages that they have suffered. Causation is a crucial element of any negligence claim. It requires proof of both the proximate and actual causes of the damage and injury.

If a person is stopped at the stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged, they will need to pay for repairs. The reason for a crash could be a brick cut that causes an infection.

Breach of Duty

A defendant's breach of duty is the second aspect of negligence that has to be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault are not in line with what a reasonable person would do in similar circumstances.

A doctor, for example is a professional with a range of professional duties towards his patients. These professional obligations stem from state law and licensing bodies. Drivers are obliged to take care of other drivers and pedestrians, and to follow traffic laws. Any driver who fails to adhere to this duty and results in an accident is responsible for the victim's injuries.

Lawyers can use the "reasonable persons" standard to establish that there is a duty of caution and then demonstrate 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 prove that the defendant's negligence was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not the cause of the bicycle accident. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If the plaintiff suffered an injury to the neck in a rear-end collision, his or her attorney would argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable and will not affect the jury's decision of liability.

It is possible to establish a causal link between a negligent act, and the plaintiff's psychological symptoms. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, abused alcohol and drugs or had prior unemployment could have a influence on the severity the psychological issues suffers following an accident, however, the courts typically view these elements as part of the circumstances from which the plaintiff's accident resulted rather than an independent reason for the injuries.

If you've been involved in an accident that is serious to your vehicle it is crucial to speak with a seasoned attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in various specialties, as well expert witnesses in computer simulations and reconstruction of accidents.

Damages

In motor vehicle accident lawyer vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first type of damages includes all costs that can be easily added together and calculated into a total, such as medical expenses as well as lost wages, repairs to property, and even the possibility of future financial loss, such the loss of earning capacity.

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

In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury has to determine the percentage of fault each defendant is responsible for the incident and then divide the total amount of damages awarded by that percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The analysis to determine whether the presumption is permissive or not is complex. In general, only a clear demonstration that the owner was not able to grant permission to the driver to operate the vehicle can overrule the presumption.