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motor vehicle accident lawsuits Vehicle Litigation

A lawsuit is required when the liability is being contested. The defendant is entitled to respond to the Complaint.

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

Duty of Care

In a case of negligence, the plaintiff must show that the defendant owed an obligation of care to them. This duty is owed to all, but those who operate vehicles owe an even higher duty to other people in their field. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing the actions of an individual with what a normal person would do in the same situations. In the case of medical malpractice experts are often required. People who have superior knowledge in a particular field may also be held to an higher standard of care than others in similar situations.

A breach of a person's duty of care can cause harm to the victim or their property. The victim is then required to prove that the defendant breached their obligation and caused the damage or damages they sustained. Causation is a crucial element of any negligence claim. It involves proving both the primary and secondary causes of the injuries and damages.

For instance, if a person has a red light and is stopped, they will be hit by a car. If their car is damaged, they will need to pay for repairs. The real cause of an accident could be a brick cut that causes 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 receive compensation in a personal injury suit. A breach of duty occurs when the actions of the party at fault aren't in line with what an average person would do in similar circumstances.

For example, a doctor is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers are obliged to care for other drivers and pedestrians, and to respect traffic laws. If a driver violates this obligation of care and results in an accident, the driver is responsible for the injury suffered by the victim.

A lawyer may use the "reasonable individuals" standard to demonstrate that there is a duty of caution and then prove that the defendant did not adhere to this standard in his conduct. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also demonstrate that the defendant's negligence was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light however, that's not the reason for the crash on your bicycle. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle accidents vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered neck injuries as a result of a rear-end collision, his or her lawyer might argue that the accident caused the injury. Other elements that could have caused the collision, like being in a stationary car is not culpable and will not impact the jury’s determination of fault.

It could be more difficult to establish a causal connection between a negligent action and the psychological issues of the plaintiff. The fact that the plaintiff had an unhappy childhood, a poor relationship with his or her parents, experimented with drugs and alcohol or experienced previous unemployment may have some bearing on the severity of the psychological issues is suffering from following an accident, however, the courts typically view these elements as part of the background circumstances that caused the accident occurred, rather than as an independent cause of the injuries.

It is imperative to consult an experienced lawyer if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many specialties as well as experts in computer simulations and accident reconstruction.

Damages

The damages plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary costs that can be easily added up and calculated as a total, for example, medical expenses and lost wages, property repair and even future financial losses like a diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. The proof of these damages is by a wide array of evidence, including depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages to be split between them. The jury must determine how much responsibility each defendant had for the accident, and then divide the total damages award by that percentage of the fault. New York law however, does not allow for this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these vehicles and trucks. The process of determining whether the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner refused permission to the driver to operate the vehicle can be able to overcome the presumption.