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Motor Vehicle Litigation

A lawsuit is required when liability is contested. The Defendant has the right to respond to the Complaint.

New York follows pure comparative fault rules and, when a jury finds you to be the cause of an accident, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by 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 individuals who get behind the driving wheel of a motorized vehicle have a higher obligation to the people in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical person would do in the same circumstances to establish what is reasonable standards of care. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who have a greater understanding of specific fields could be held to a higher standard of treatment.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to prove that the defendant breached their duty of care and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the injury and damages.

If a person is stopped at an stop sign it is likely that they will be struck by another vehicle. If their vehicle is damaged, they will need to pay for repairs. The reason for an accident could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proven for compensation for personal injury claims. A breach of duty happens when the actions of the party at fault fall short of what reasonable people would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists owe a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty and creates an accident is accountable for the injuries of the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of a duty of care and then show that the defendant did not meet that standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.

The plaintiff must also demonstrate that the defendant's negligence was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that wasn't what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered a neck injury in a rear-end collision and his or her attorney will argue that the incident caused the injury. Other elements that are required for the collision to occur, such as being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.

It could be more difficult to establish a causal connection between an act of negligence and the psychological issues of the plaintiff. The fact that the plaintiff had a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs, or suffered previous unemployment may have some bearing on the severity of the psychological problems he or suffers from following a crash, but the courts typically look at these factors as part of the circumstances that caused the accident in which the plaintiff was triggered, not as a separate reason for the injuries.

If you have been in a serious Motor Vehicle Accident Attorneys vehicle crash, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added to calculate 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 such as pain and suffering, and loss of enjoyment of life, cannot be reduced to cash. However, these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff's close friends and family members, medical records, and other expert witness testimony.

In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages that should be divided between them. This requires the jury to determine how much responsibility each defendant was responsible for the accident and then divide the total damages awarded by that percentage of fault. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these trucks and cars. The method of determining if the presumption of permissiveness is complex. In general, only a clear demonstration that the owner was not able to grant permission to the driver to operate the vehicle will overcome the presumption.