Motor Vehicle Litigation

If liability is contested and the liability is disputed, it is necessary to make a complaint. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing an accident, your damages award will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant owed the duty of care towards them. The majority of people owe this obligation to everyone else, however those who sit behind the steering wheel of a motor vehicle attorney vehicle have a greater obligation to others in their area of activity. This includes ensuring that they do not cause accidents in motor vehicles.

Courtrooms evaluate an individual's behavior to what a typical person would do under similar circumstances to determine a reasonable standard of care. In cases of medical malpractice experts are often required. Experts with a higher level of expertise in a particular field can be held to an higher standard of care than other people in similar situations.

A person's breach of their duty of care could cause injury to a victim or their property. The victim is then required to prove that the defendant acted in breach of their duty and caused the injury or damage that they suffered. Causation is a key element of any negligence claim. It requires proving both the proximate and actual causes of the injury and damages.

If someone is driving through an stop sign then they are more likely to be struck by another vehicle. If their vehicle is damaged, they will be required to pay for repairs. However, the real cause of the accident could be a cut on a brick that later develops into a dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty occurs when the actions of a party who is at fault do not match what a reasonable person would do in similar circumstances.

A doctor, for instance has many professional obligations to his patients. These professional obligations stem from the law of the state and licensing authorities. Drivers are required to take care of other drivers and pedestrians, as well as to follow traffic laws. If a driver violates this duty and creates an accident is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant did not comply with the standard in his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.

The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance an individual defendant could have run a red light but the action was not the primary reason for your bicycle crash. In this way, causation is often challenged by defendants in crash cases.

Causation

In motor vehicle law vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For instance, if a plaintiff suffered a neck injury from a rear-end collision and his or her lawyer would argue that the collision was the cause of the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not impact the jury’s determination of the cause of the accident.

For psychological injuries, however, the link between an act of negligence and an injured plaintiff's symptoms could be more difficult to establish. It could be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has abused drugs or Motor Vehicle Litigation alcohol.

If you've been involved in an accident that is serious to your vehicle it is essential to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle litigation vehicle accident cases. Our lawyers have formed working relationships with independent physicians in many specialties, as well experts in computer simulations and reconstruction of accidents.

Damages

In motor vehicle case vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages comprises any financial costs that can easily be added to calculate a total, for example, medical expenses loss of wages, property repairs, and even future financial losses, like a decrease in earning capacity.

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

In the event of multiple defendants, courts will typically employ comparative fault rules to determine the amount of total damages to be split between them. The jury will determine the percentage of fault each defendant has for the incident and then divide the total amount of damages awarded by the same percentage. New York law however, does not allow this. 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is not straightforward, and typically only a clear evidence that the owner specifically denied permission to operate the vehicle will be able to overcome it.