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Motor Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules which means that if the jury finds you to be at fault for causing a crash, your damages award will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, however those who take the driving wheel of a motorized vehicle have a greater obligation to the other drivers in their zone of activity. This includes not causing accidents in motor vehicle Accident Attorney vehicles.

In courtrooms the standards of care are determined by comparing an individual's actions against what a normal individual would do in the same conditions. Expert witnesses are often required in cases of medical malpractice. Experts who have a superior understanding of a specific area may also be held to a higher standard of care than other people in similar situations.

A person's breach of their obligation of care can cause harm to the victim or their property. The victim is then required to show that the defendant's infringement of their duty caused the damage and injury they sustained. Causation is a key element of any negligence claim. It involves proving both the primary and secondary causes of the damage and injury.

If a driver is caught running an intersection, they are likely to be struck by another vehicle. If their car is damaged, they will be responsible for the repairs. The cause of the crash could be a fracture in the brick that leads to an infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions of the person at fault do not match what an ordinary person would do under similar circumstances.

For instance, a doctor has several professional duties to his patients stemming from state law and licensing boards. Drivers are required to care for other drivers and pedestrians, and obey traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant did not satisfy the standard through his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the defendant's negligence was the direct cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light but that's not what caused the crash on your bicycle. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in an accident with rear-end damage and his or her attorney will argue that the crash caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle is not culpable and won't affect the jury's decision to determine the fault.

It could be more difficult to establish a causal link between a negligent act, and the psychological issues of the plaintiff. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused alcohol or drugs.

It is crucial to consult an experienced lawyer if you have been involved in a serious motor vehicle accident law firms accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors in many specialties as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle accident vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first type of damages encompasses all financial costs that can easily be added up and summed up into the total amount, which includes medical expenses and lost wages, repairs to property, or even a future financial loss, for instance loss of earning capacity.

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

In the event of multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages to be split between them. This requires the jury to determine how much fault each defendant was responsible for the accident and to then divide the total damages awarded by the percentage of the fault. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of those cars and trucks. The resulting analysis of whether the presumption that permissive use applies is not straightforward, and typically only a convincing evidence that the owner explicitly did not have permission to operate his car will overcome it.