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Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules, which means that should a jury find you to be at fault for causing the accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant was bound by an obligation of care to them. This duty is owed by all, but those who operate a vehicle have an even higher duty to other people in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical person would do under the same circumstances to determine what constitutes reasonable standards of care. Expert witnesses are frequently required when cases involve medical malpractice. People with superior knowledge in a certain field may be held to a greater standard of medical care.

A person's breach of their obligation of care can cause harm to a victim, or their property. The victim is then required to demonstrate that the defendant's violation of their duty resulted in the harm and damages they have suffered. Causation is an essential element of any negligence claim. It involves proving both the actual and proximate causes of the injuries and damages.

For instance, if a person runs a red light and is stopped, they'll be hit by another car. If their vehicle is damaged, they'll need to pay for repairs. The actual cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. The breach of duty must be proved in order to obtain compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault are not in line with what reasonable people would do in similar circumstances.

For instance, a doctor, has a number of professional duties towards his patients. These obligations stem from the law of the state and licensing authorities. Drivers are obliged to protect other motorists and pedestrians, and to respect traffic laws. If a motorist violates this obligation of care and results in an accident, he is liable for the injuries suffered by the victim.

Lawyers can use the "reasonable persons" standard to prove that there is a duty of care and then demonstrate that defendant did not adhere to the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the main 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, but that's not the cause of your bicycle accident. This is why causation is often challenged by the defendants in cases of crash.

Causation

In motor vehicle accident lawyers vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and his or her lawyer might argue that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle, are not culpable, and will not impact the jury’s determination of the fault.

For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. It could be because the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.

If you have been in a serious motor vehicle accident it is essential to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed 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 litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages covers the costs of monetary value that can easily be added up and summed up into a total, such as medical treatment or lost wages, repair to property, and even the possibility of future financial loss, such diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. These damages must be established through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be split between them. The jury must determine the proportion of fault each defendant is responsible for the accident, and divide the total damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a clear proof that the owner explicitly was not granted permission to operate the car will overcome it.