Motor Vehicle Litigation

When a claim for liability is litigated and the liability is disputed, it is necessary to bring a lawsuit. The Defendant will then have the chance to respond to the complaint.

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

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant owed a duty of care towards them. Almost everybody owes this duty to everyone else, however those who are behind the driving wheel of a motorized vehicle have a greater obligation to the people in their area of operation. This includes not causing motor vehicle accidents.

Courtrooms assess an individual's actions to what a typical individual would do in similar circumstances to establish what is an acceptable standard of care. Expert witnesses are often required in cases of medical malpractice. People with superior knowledge in a certain field may be held to a greater standard of medical care.

When someone breaches their duty of care, it could cause injury to the victim or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the harm or damages they sustained. Causation proof is a crucial aspect of any negligence case which involves looking at both the actual cause of the injury or damages and the proximate reason for the damage or injury.

If someone is driving through an intersection and fails to obey the stop sign, they could be hit by a car. If their car is damaged, they'll have to pay for the repairs. The reason for a crash could be a brick cut that develops into an infection.

Breach of Duty

A defendant's breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury claim. A breach of duty happens when the actions of the party at fault are not in line with what a reasonable person would do in similar circumstances.

A doctor, for example has many professional obligations to his patients, which stem from laws of the state and licensing bodies. Drivers are obliged to protect other motorists and pedestrians, and to obey traffic laws. When a driver breaches this duty of care and causes an accident, he is accountable for the injuries suffered by the victim.

A lawyer may use the "reasonable person" standard to prove the existence of the duty of care and then show that the defendant did not satisfy the standard through his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.

The plaintiff must also establish that the breach of duty of the defendant was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that wasn't what caused your bicycle accident. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered neck injuries in a rear-end collision the attorney for the plaintiff would argue that the collision caused the injury. Other factors that are necessary for the collision to occur, such as being in a stationary car, are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and an affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with their parents, abused drugs and alcohol or experienced previous unemployment may have some influence on the severity the psychological problems he or is suffering from following an accident, but courts typically look at these factors as part of the circumstances from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

It is important 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 cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in various specialties as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages a plaintiff may recover in motor vehicle accident law firm vehicle litigation can include both economic and non-economic damages. The first type of damages includes any monetary costs that can easily be added up and calculated as an amount, like medical treatment and lost wages, property repair and even future financial losses such as diminished earning capacity.

New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment are not able to be reduced to cash. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident, and then divide the total amount of damages 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 in relation to injuries sustained by drivers of those cars and trucks. The resulting analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear evidence that the owner specifically did not have permission to operate his vehicle will overcome it.