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Motor Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, should a jury find you to be responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence, the plaintiff must prove that the defendant had an obligation of care to them. Nearly everyone owes this obligation to everyone else, however those who take the driving wheel of a motorized vehicle are obligated to others in their area of operation. This includes ensuring that they do not cause Motor Vehicle Accident Lawsuits vehicle accidents.

Courtrooms assess an individual's actions with what a normal person would do under the same circumstances to determine what constitutes an acceptable standard of care. In the event of medical malpractice expert witnesses are typically required. Experts with a superior understanding of a certain field may be held to a higher standard of treatment.

A person's breach of their duty of care can cause injury to a victim or their property. The victim then has to show that the defendant violated their duty of care and caused the injury or damages they sustained. Proving causation is an essential aspect of any negligence case which involves investigating both the primary causes of the injury damages as well as the reason for the injury or Motor Vehicle Accident Lawsuits damage.

If a person is stopped at a stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they'll be required to pay for repairs. But the reason for the accident could be a cut in a brick that later develops into a deadly infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to be awarded 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 an average person would do in similar circumstances.

A doctor, for example is a professional with a range of professional obligations to his patients, which stem from state law and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and results in an accident, he is responsible for the injuries sustained by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of the injuries. It is more difficult to prove this than a breach of duty. For instance an individual defendant could have crossed a red line, but it's likely that his or her actions was not the sole cause of the crash. Because of this, causation is often contested by the defendants in case of a crash.

Causation

In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach by the defendant and their injuries. For example, if the plaintiff sustained an injury to the neck as a result of a rear-end collision, his or her lawyer would claim that the collision caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and won't affect the jury's decision to determine the fault.

For psychological injuries, however, the link between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. It could be that the plaintiff has had a difficult past, has a bad relationship with their parents, or has used alcohol or drugs.

It is essential to speak with an experienced lawyer when you've been involved in a serious motor vehicle accidents accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent medical professionals across a variety of specialties and motor vehicle Accident lawsuits expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages a plaintiff can recover in motor vehicle accident attorney vehicle litigation can include both economic and non-economic damages. The first category of damages includes any monetary costs that can easily be added to calculate an amount, like medical treatment and lost wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of living cannot be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of damages that must be divided between them. This requires the jury to determine how much responsibility each defendant incurred in the accident and then divide the total damages award by the percentage of fault. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a convincing evidence that the owner has explicitly refused permission to operate the car will be sufficient to overcome it.