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motor vehicle accident attorney Vehicle Litigation

If the liability is challenged, it becomes necessary to make a complaint. The Defendant has the right to respond to the complaint.

New York follows pure comparative fault rules and, should a jury find that you are responsible for causing a crash, your damages award will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had a duty of care towards them. This duty is owed by all, but those who operate a vehicle have an even higher duty to others in their field. This includes not causing motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical person would do in similar circumstances to determine a reasonable standard of care. In the event of medical negligence experts are typically required. Experts who are knowledgeable in a particular field may be held to the highest standards of care than other people in similar situations.

A person's breach of their duty of care can cause harm to the victim or their property. The victim must prove that the defendant acted in breach of their duty of care and caused the injury or damage they sustained. The proof of causation is an essential part of any negligence case and involves considering both the actual reason for the injury or damages and the proximate cause of the injury or damage.

If a driver is caught running an intersection then they are more likely to be struck by a vehicle. If their car is damaged they'll be responsible for the repairs. But the reason for the crash could be a cut or bricks that later develop into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. The breach of duty must be proved in order to receive compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault person are not in line with what a normal person would do in similar circumstances.

A doctor, for instance, has several professional duties to his patients, arising from the law of the state and motor vehicle accident licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and observe traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is accountable for the victim's injuries.

A lawyer can use "reasonable people" standard to show that there is a duty to be cautious and then prove that the defendant did not adhere to this standard with his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also establish that the defendant's breach of duty was the main cause of his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light however, that's not the reason for the crash on your bicycle. In this way, causation is frequently disputed by defendants in crash cases.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions then his or her attorney would argue that the collision was the reason for the injury. Other factors that contributed to the collision, such as being in a stationary car are not culpable and won't affect the jury's decision on the degree of fault.

It may be harder to establish a causal link between a negligent act, and the psychological issues of the plaintiff. It could be the case that the plaintiff has a rocky past, a poor relationship with their parents, or is a user of drugs or alcohol.

If you have been in a serious motor vehicle accident, it is important to consult 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 established working relationships with independent physicians in a range of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first type of damages covers all financial costs that are easily added together and calculated into a total, such as medical expenses, lost wages, repairs to property, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, motor vehicle accident like suffering and pain, and loss of enjoyment can't be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of damages to be divided between them. The jury must determine how much fault each defendant had for the accident and to then divide the total damages award by that percentage of fault. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by the drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness applies is not straightforward and typically only a clear evidence that the owner was explicitly refused permission to operate the vehicle will be able to overcome it.