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Motor Vehicle Litigation

When a claim for liability is litigated then it is necessary to make a complaint. The defendant then has the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you to be at fault for causing the accident, your damages award 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 case of negligence, the plaintiff must show that the defendant had an obligation of care to them. This duty is owed to all people, however those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause motor vehicle accidents.

Courtrooms compare an individual's actions with what a normal person would do in the same circumstances to determine a reasonable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts who have a superior understanding in a specific field could also be held to a higher standard of care than other people in similar situations.

A breach of a person's duty of care could cause harm to a victim or their property. The victim must demonstrate that the defendant's violation of their duty resulted in the injury and damages that they sustained. Causation is a key element of any negligence claim. It requires proof of both the actual and proximate causes of the injury and damages.

If a person is stopped at a stop sign then they are more likely to be hit by a car. If their car is damaged, they will have to pay for the repairs. The cause of an accident could be a fracture in the brick that leads to an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved in order to secure compensation in a personal injury case. A breach of duty occurs when the actions of the at-fault party are not in line with what a normal person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients based on state law and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and to obey traffic laws. When a driver breaches this obligation of care and causes an accident, he is accountable for the victim's injuries.

A lawyer can use "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. It is a matter of fact for the jury to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red line, but the action was not the primary cause of your bike crash. The issue of causation is often challenged in crash cases by defendants.

Causation

In motor vehicle accidents, the plaintiff must establish a causal link between breach of the defendant and their injuries. If a plaintiff suffered a neck injury in an accident that involved rear-end collisions the attorney for the plaintiff will argue that the crash was the reason for the injury. Other elements that are required to produce the collision, like being in a stationary vehicle are not culpable and will not affect the jury's decision of liability.

For psychological injuries, however, the link between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff suffered from a an unhappy childhood, a poor relationship with his or her parents, was a user of alcohol and drugs, or suffered prior unemployment could have a influence on the severity the psychological issues he or she suffers after a crash, but the courts typically look at these factors as an element of the background conditions that caused the accident resulted rather than an independent reason for the injuries.

If you have been in a serious motor vehicle accident lawsuit vehicle accident it is essential to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience 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 in many specialties, as well expert witnesses in computer simulations and reconstruction of accident.

Damages

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

New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a monetary amount. 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 involving multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages awarded should 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. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of those cars and trucks. The resulting analysis of whether the presumption of permissive use applies is complex and typically only a clear showing that the owner was explicitly did not have permission to operate his vehicle will be able to overcome it.