Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant has the option 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 a crash the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence case the plaintiff has to prove that the defendant was obligated to act with reasonable care. The majority of people owe this obligation to everyone else, however those who take the car have a higher obligation to other people in their field of operation. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standards of care are determined by comparing the actions of an individual with what a typical person would do under similar situations. In cases of medical malpractice, expert witnesses are usually required. People who have superior knowledge in a particular field can also be held to an even higher standard of care than others in similar situations.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim is then required to demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage they sustained. Proving causation is a critical aspect of any negligence claim and involves taking into consideration both the real reason for the injury or damages as well as the cause of the injury or damage.

For instance, if a driver runs a red stop sign, it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. The reason for the crash might be a cut from bricks that later develop into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second element of negligence that needs to be proven to win compensation in a personal injury suit. A breach of duty is when the actions taken by the at-fault party do not match what an ordinary person would do under similar circumstances.

A doctor, for example, has a number of professional obligations to his patients that are derived from state law and licensing bodies. Drivers are bound to take care of other drivers and pedestrians, and to follow traffic laws. If a driver violates this obligation of care and results in an accident, he is responsible for the injuries suffered by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of a 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 defendant's breach of duty was the main cause of the injuries. It is more difficult to prove this than a breach of duty. For example it is possible that a defendant crossed a red line, but it's likely that his or her actions wasn't the proximate cause of your bicycle crash. For this reason, causation is frequently disputed by defendants in collision cases.

Causation

In Motor vehicle accident attorney vehicle accidents, the plaintiff must prove that there is a causal connection between the breach of the defendant and their 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 that are needed for the collision to occur, such as being in a stationary vehicle are not culpable, and do not affect the jury's decision of liability.

For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a turbulent past, has a bad relationship with their parents, or has used drugs or alcohol.

It is imperative to consult an experienced attorney in the event that you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident lawyer vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in different specialties, as well expert witnesses in computer simulations as well as reconstruction of accidents.

Damages

The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages is all monetary costs which can be easily added together and summed up into the total amount, which includes medical expenses and lost wages, repairs to property, and even financial losses, such as the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages such as the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. However the damages must be established to exist by a variety of evidence, such as deposition testimony of the plaintiff's close family members and motor vehicle accident Attorney friends, medical records, and other expert witness testimony.

In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be split between them. The jury must determine how much fault each defendant had for the incident and then divide the total damages awarded by the percentage of fault. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The analysis to determine whether the presumption is permissive is complicated. Most of the time it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.