Motor Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to start a lawsuit. The Defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you are responsible for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a lawsuit for negligence the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle accident attorney vehicle have an even higher duty to others in their area of activity. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms evaluate an individual's behavior with what a normal person would do under similar circumstances to determine what constitutes a reasonable standard of care. In the event of medical malpractice experts are typically required. Experts with a superior understanding of particular fields may be held to a higher standard of care.

If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim is then required to show that the defendant's infringement of their duty led to the injury and damages that they have suffered. Causation is a key element of any negligence claim. It involves proving both the proximate and real causes of the injuries and damages.

For instance, if a driver has a red light then it's likely that they will be hit by another car. If their car is damaged they'll be responsible for the repairs. But the reason for the crash could be a cut on bricks that later develop into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proven to win compensation in a personal injury claim. A breach of duty is when the actions of the person at fault fall short of what a normal person would do in similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and to adhere to traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is accountable for the victim's injuries.

A lawyer can use "reasonable individuals" standard to demonstrate that there is a duty of care and Vimeo then demonstrate that defendant did not comply with this standard with his actions. It is a matter of fact for the jury to decide if the defendant met the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the proximate cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, however, the act was not the primary cause of the crash. In this way, causation is often challenged by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. If a plaintiff suffered neck injuries as a result of a rear-end collision the attorney for the plaintiff will argue that the incident was the cause of the injury. Other factors that are essential in causing the collision such as being in a stationary car, are not culpable and will not affect the jury's determination of the liability.

It is possible to establish a causal connection between a negligent action and the plaintiff's psychological problems. It could be because the plaintiff has a rocky past, a poor relationship with their parents, or is a user of alcohol or drugs.

If you've been involved in an accident that is serious to your vehicle It is imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages comprises any financial costs that can easily be added up and calculated as an amount, like medical treatment and lost wages, property repair and Vimeo even future financial losses like a diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of life, cannot be reduced to cash. The proof of these damages is with a large amount of evidence, such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the damages awarded should be divided between them. The jury must decide the amount of fault each defendant has for the incident and then divide the total damages awarded by the percentage. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous, and typically only a clear evidence that the owner has explicitly was not granted permission to operate the car will be sufficient to overcome it.