Motor Vehicle Litigation

When liability is contested then it is necessary to make a complaint. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you responsible for a crash the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, but those who are behind the steering wheel of a motor vehicle accident law firm vehicle are obligated to others in their area of activity. This includes ensuring that there are no accidents in motor vehicles.

Courtrooms examine an individual's conduct to what a typical person would do in similar conditions to determine an acceptable standard of care. Expert witnesses are often required in cases involving medical malpractice. Experts with more experience in a certain field may be held to a greater standard of care.

If a person violates their duty of care, it could cause damage to the victim as well as their property. The victim has to demonstrate that the defendant's violation of duty caused the harm and damages they have suffered. Causation is a key element of any negligence claim. It requires proof of both the proximate and real causes of the injuries and damages.

For instance, if a person 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 repairs. However, the real cause of the crash might be a cut on a brick that later develops into a deadly 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 lawsuit. A breach of duty occurs when the actions of the person at fault are not in line with what an ordinary person would do under similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients, arising from state law and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and obey traffic laws. Drivers who violate this duty and creates an accident is accountable for the injuries of the victim.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not comply with the standard in his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty of the defendant was the primary cause for the injuries. It can be more difficult to prove this than a breach of duty. For example it is possible that a defendant crossed a red line, but the action was not the primary cause of your bike crash. Because of this, causation is frequently disputed by the defendants in case of a crash.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff must establish a causal link between the breach of the defendant and the injuries. If the plaintiff sustained neck injuries as a result of a rear-end accident the attorney for the plaintiff would argue that the collision was the cause of the injury. Other factors that are needed in causing the collision like being in a stationary vehicle, are not culpable and do not affect the jury's determination of liability.

For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. It may be that the plaintiff has a turbulent background, a strained relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced lawyer when you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first category of damages encompasses all financial costs that can easily be added up and summed up into an overall amount, including medical treatment or lost wages, repair to property, and even the possibility of future financial loss, for instance a diminished earning capacity.

New York law also recognizes the right to recover non-economic damages, including suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages that should be divided between them. The jury must determine how much fault each defendant had for the accident, and then divide the total damages award by the percentage of blame. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive usage applies is complicated and usually only a convincing evidence that the owner specifically did not have permission to operate his vehicle will overcome it.