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motor Vehicle accident law firms Vehicle Litigation

When liability is contested in court, it becomes necessary to file a lawsuit. The defendant is entitled to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident and you are found to be at fault, your damages will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles rented out or leased to minors.

Duty of Care

In a negligence lawsuit the plaintiff must show that the defendant was obligated to act with reasonable care. Nearly everyone owes this obligation to everyone else, but individuals who get behind the wheel of a motor vehicle are obligated to others in their area of operation. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's behavior against what a normal individual would do in the same circumstances. In the event of medical negligence, expert witnesses are usually required. Experts with a higher level of expertise of a specific area may be held to an even higher standard of care than other people in similar situations.

If a person violates their duty of care, it may cause harm to the victim and/or their property. The victim has to demonstrate that the defendant's violation of their duty led to the damage and injury they sustained. Causation is a crucial element of any negligence claim. It involves proving both the proximate and actual causes of the damages and injuries.

If someone runs an intersection it is likely that they will be hit by a car. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut from bricks that later develop into a serious infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. The breach of duty must be proved in order to obtain compensation in a personal injury case. A breach of duty occurs when the at-fault party's actions fall short of what reasonable people would do in similar circumstances.

For instance, a physician has several professional obligations to his patients based on laws of the state and licensing boards. Drivers are obliged to take care of other drivers and pedestrians, and adhere to traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant did not meet the standard in his actions. It is a question of fact that the jury has to decide whether the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that wasn't what caused your bicycle accident. Causation is often contested in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish an causal link between breach of the defendant and the injuries. For example, if the plaintiff suffered a neck injury from an accident that involved rear-ends and their lawyer might argue that the collision caused the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle are not culpable and will not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and an injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff has a a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs, or suffered prior unemployment could have a influence on the severity the psychological issues he or is suffering from following an accident, but courts typically consider these factors as part of the background circumstances that caused the accident resulted rather than an independent reason for the injuries.

It is crucial to consult an experienced attorney if you have been involved in a serious motor vehicle accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident lawyer vehicle crash cases. Our lawyers have formed working relationships with independent physicians in different specialties as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first category of damages covers the costs of monetary value that can be easily added together and then calculated into a total, for example, medical treatments or lost wages, repair to property, and even future financial losses, such as diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of living cannot be reduced to cash. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be divided between them. The jury will determine the percentage of blame each defendant carries for the accident and then divide the total damages awarded by that percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use applies is not straightforward, and typically only a clear proof that the owner was explicitly denied permission to operate the car will overcome it.