motor vehicle accident 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 which means that in the event that a jury finds you to be at fault for causing the accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed an obligation of care to them. This duty is due to everyone, but people who operate vehicles owe an even greater obligation to other drivers in their field. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms assess an individual's actions to what a typical person would do in similar circumstances to determine what constitutes reasonable standards of care. In the event of medical negligence expert witnesses are typically required. People with superior knowledge in the field could be held to a higher standard of medical care.

A person's breach of their duty of care may cause harm to a victim or their property. The victim must then show that the defendant's infringement of their duty resulted in the damage and injury they suffered. The proof of causation is an essential element in any negligence case and requires investigating both the primary causes of the injury damages as well as the cause of the damage or injury.

For example, if someone is stopped at a red light there is a good chance that they'll be hit by a vehicle. If their car is damaged, they'll have to pay for the repairs. The reason for a crash could be caused by a brick cut which develops into an infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to 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 an ordinary person would do under similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients, arising from state law and licensing boards. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the injury suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to comply with the standard in his actions. The jury will determine if the defendant met or did not meet the standards.

The plaintiff must also prove that the defendant's breach was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example the defendant could have run a red light but his or her action wasn't the proximate cause of the crash. In this way, causation is frequently disputed by defendants in collision cases.

Causation

In motor vehicle cases the plaintiff must prove that there is a causal connection between the defendant's breach and their injuries. For instance, if a plaintiff sustained a neck injury from an accident that involved rear-ends and their lawyer will claim that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle is not culpable and will not influence the jury's decision on fault.

It is possible to establish a causal connection between a negligent act and the plaintiff's psychological symptoms. The fact that the plaintiff had an uneasy childhood, a bad relationship with their parents, used alcohol and drugs or previous unemployment may have some bearing on the severity of the psychological issues he or she suffers after a crash, but the courts typically consider these factors as part of the circumstances that caused the accident in which the plaintiff occurred, rather than as an independent cause of the injuries.

If you have been in a serious motor vehicle accident It is imperative to speak with an experienced 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 developed working relationships with independent doctors with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well with private investigators.

Damages

The damages that plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first category of damages covers all costs that are easily added together and summed up into the total amount, which includes medical treatment or lost wages, repair to property, and even the possibility of future financial loss, like the loss of earning capacity.

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

In the event of multiple defendants, courts often use comparative fault rules to determine the amount of total damages that should be divided between them. This requires the jury to determine the amount of fault each defendant was at fault for the incident and then divide the total damages award by that percentage of the fault. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complex and typically only a clear proof that the owner was explicitly did not have permission to operate his vehicle will be able to overcome it.