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 when a jury finds that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. 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 case of negligence, the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is owed by everyone, but people who operate a vehicle have an even higher duty to others in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms examine an individual's conduct with what a normal person would do under similar circumstances to establish what is a reasonable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts who have a superior understanding in a specific field could be held to an higher standard of care than others in similar situations.

If someone violates their duty of care, it could cause harm to the victim and/or their property. The victim has to establish that the defendant's breach of their duty led to the harm and damages they sustained. Causation is a key element of any negligence claim. It involves proving the actual and proximate causes of the damages and injuries.

For example, if someone runs a red stop sign, it's likely that they will be hit by a car. If their vehicle is damaged, they'll be accountable for repairs. But the actual cause of the accident could be a cut from a brick that later develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault fall short of what reasonable people would do in similar circumstances.

For instance, motor vehicle accidents a doctor is required to perform a number of professional duties for his patients that are governed by the law of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, as well as to respect traffic laws. Any driver who fails to adhere to this duty and causes an accident is accountable for the victim's injuries.

A lawyer can use "reasonable people" standard to prove that there is a duty to be cautious and then show that the defendant failed to meet this standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light however, that's not the reason for your bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish an causal link between breach of the defendant and their injuries. If the plaintiff sustained neck injuries in an accident that involved rear-end collisions then his or her attorney would argue that the collision was the cause of the injury. Other factors that are necessary in causing the collision such as being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with their parents, experimented with alcohol and drugs or had previous unemployment may have some impact on the severity of the psychological problems he or suffers following an accident, however, the courts typically look at 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've been involved in a serious motor vehicle accident attorney vehicle accident it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in various specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that plaintiffs can seek in a motor vehicle accident law firm vehicle lawsuit include both economic and non-economic damages. The first category of damages is any monetary costs that are easily added up and calculated as an amount, like medical expenses or lost wages, property repairs, and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life can't be reduced to money. The proof of these damages is through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury must decide the percentage of blame each defendant has for the accident and then divide the total damages awarded by the same percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of the vehicles. The subsequent analysis of whether the presumption of permissiveness applies is complex and typically only a convincing evidence that the owner was explicitly was not granted permission to operate the vehicle will be able to overcome it.