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motor vehicle accident attorney Vehicle Litigation

A lawsuit is necessary when liability is contested. The defendant then has the opportunity to respond to the complaint.

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

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant owed the duty of care towards them. This duty is due to everyone, but those who operate a vehicle have an even higher duty to others in their field. This includes ensuring that there are no accidents in motor vehicle accidents vehicles.

Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to establish what is a reasonable standard of care. Expert witnesses are often required when cases involve medical malpractice. Experts who have a greater understanding of the field could be held to a higher standard of treatment.

A breach of a person's duty of care can cause injury to a victim or their property. The victim must then prove that the defendant's breach of duty caused the injury and damages that they sustained. Proving causation is a critical aspect of any negligence case which involves looking at both the actual reason for the injury or damages and the proximate reason for the injury or damage.

For instance, if a person runs a red light then it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for repairs. The real cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty committed by the defendant. This 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 aren't in line with what a reasonable person would do in similar circumstances.

For instance, a physician has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are required to protect other motorists as well as pedestrians, and to adhere to traffic laws. If a driver violates this obligation and results in an accident is responsible for the victim's injuries.

A lawyer may use the "reasonable persons" standard to show that there is a duty of care and then demonstrate that defendant did not adhere to this standard with his actions. The jury will decide if the defendant complied with or did not meet the standard.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for 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's not what caused your bicycle accident. For this reason, the causation issue is often contested by defendants in crash cases.

Causation

In motor vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision, his or her lawyer might argue that the collision caused the injury. Other elements that could have caused the collision, like being in a stationary vehicle, are not culpable, and will not impact the jury's decision on fault.

It can be difficult to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. It may be because the plaintiff has had a difficult background, a strained relationship with their parents, or has abused drugs or alcohol.

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

Damages

The damages plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first type of damages comprises any financial costs that are easily added to calculate an amount, like medical expenses loss of wages, property repair and even future financial losses like diminished earning capacity.

New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of life cannot be reduced to cash. However these damages must be proven to exist through extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.

In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be split between them. The jury will determine the percentage of blame each defendant carries for the accident and then divide the total amount of damages awarded by that percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of cars or trucks. The process of determining whether the presumption is permissive is complex. The majority of the time it is only a clear evidence that the owner denied permission for the driver to operate the vehicle can overrule the presumption.