Motor vehicle accident lawsuits Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to make a complaint. The defendant is entitled to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds you to be the cause of the crash the amount of damages awarded will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.

Duty of Care

In a negligence lawsuit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who operate a vehicle owe an even greater duty to other drivers in their field. This includes not causing accidents with motor vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to determine an acceptable standard of care. In the event of medical malpractice experts are typically required. People with superior knowledge in particular fields may be held to a higher standard of treatment.

A breach of a person's duty of care may cause harm to the victim or their property. The victim then has to prove that the defendant acted in breach of their duty and caused the harm or damage that they suffered. Proving causation is a critical part of any negligence case and requires looking at both the actual reason for the injury or damages as well as the proximate reason for the injury or damage.

If a driver is caught running a stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they'll be responsible for repairs. But the reason for the crash might be a cut from a brick that later develops into a potentially dangerous infection.

Breach of Duty

The second element of negligence is the breach of duty by a defendant. This must be proved in order to obtain compensation for personal injury claims. A breach of duty occurs when the actions of the at-fault person fall short of what an ordinary person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients. These professional obligations stem from state law and licensing bodies. Drivers are bound to be considerate of other drivers and pedestrians, and adhere to traffic laws. Any driver who fails to adhere to this obligation and creates an accident is accountable for the injuries of the victim.

A lawyer can use "reasonable people" standard to show that there is a duty of care and then show that defendant did not meet this standard with his actions. It is a matter of fact for the jury to decide if the defendant met 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 can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, however, that's not the reason for your bicycle accident. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff suffered a neck injury in an accident that involved rear-end collisions the attorney for the plaintiff will argue that the incident was the cause of the injury. Other elements that could have caused the collision, like being in a stationary vehicle is not culpable and won't affect the jury's decision on the fault.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms may be more difficult to establish. The reality that the plaintiff experienced a a troubled childhood, poor relationship with their parents, abused alcohol and drugs, or suffered previous unemployment may have some influence on the severity of the psychological problems he or is suffering from following an accident, however, the courts typically consider these factors as part of the circumstances from which the plaintiff's accident occurred, rather than as an independent cause of the injuries.

It is crucial to consult an experienced lawyer when you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident law firms vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in many specialties as well as expert witnesses in computer simulations and accident reconstruction.

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes all financial costs that are easily added together and calculated as a total, such as medical treatment as well as lost wages, repairs to property, and even future financial loss, for Motor Vehicle Accident Lawsuits instance loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment can't be reduced to cash. However, these damages must be proved to exist using extensive evidence, including deposition testimony from the plaintiff's close friends and family members medical records, 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 split between them. The jury will determine the proportion of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a clear proof that the owner explicitly refused permission to operate the car will be sufficient to overcome it.