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motor vehicle accident law firm Vehicle Litigation

When liability is contested in court, it becomes necessary to make a complaint. The Defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules which means that when a jury finds you to be at fault for causing a crash the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles that are rented or leased out to minors.

Duty of Care

In a negligence case, the plaintiff must prove that the defendant owed them a duty to act with reasonable care. Nearly everyone owes this obligation to everyone else, however those who take the wheel of a motor vehicle have a greater obligation to other people in their field of operation. This includes not causing accidents in Motor Vehicle Accident Lawsuits vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions against what a normal individual would do under similar circumstances. This is why expert witnesses are often required in cases of medical malpractice. People who have superior knowledge in a specific field could also be held to an even higher standard of care than others in similar situations.

When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim is then required to show that the defendant's infringement of their duty caused the damage and injury they have suffered. Causation proof is a crucial element in any negligence case, and it involves considering both the actual causes of the injury damages as well as the cause of the damage or injury.

If someone runs the stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they'll be accountable for the repairs. The cause of a crash could be caused by a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty happens when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients based on laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians on the road to drive safely and obey traffic laws. Drivers who violate this obligation and creates an accident is accountable for the victim's injuries.

Lawyers can use the "reasonable individuals" standard to demonstrate that there is a duty of care and then prove that the defendant failed to meet this standard with his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty of the defendant was the main cause of the injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light but that's not the cause of your bicycle accident. Causation is often contested in cases of crash by defendants.

Causation

In motor vehicle-related cases, the plaintiff must establish a causal link between breach by the defendant and their injuries. For instance, if a plaintiff suffered neck injuries as a result of an accident that involved rear-ends and their lawyer could argue that the accident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable, and will not impact the jury's decision on fault.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has had a difficult past, has a bad relationship with their parents, or has used alcohol or drugs.

It is imperative to consult an experienced attorney should you be involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in a variety of specialties, as well expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a plaintiff can be able to recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can easily be added to calculate an amount, like medical treatment loss of wages, property repairs, and even future financial losses, like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, including pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. The damages must be proven through extensive evidence like depositions of family members or Motor Vehicle Accident Lawsuits friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of total damages that should be divided between them. The jury must decide the proportion of fault each defendant carries for the accident, and divide the total damages awarded by that percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks. The analysis to determine whether the presumption is permissive or not is complex. Typically the only way to prove that the owner was not able to grant permission to the driver to operate the vehicle can overrule the presumption.