motor vehicle law Vehicle Litigation

A lawsuit is necessary when the liability is being contested. The defendant will then be given the chance to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find you responsible for the crash the damages awarded will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are that are rented or leased out to minors.

Duty of Care

In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. This duty is owed to all, but those who drive a vehicle owe an even greater duty to other drivers in their field. This includes not causing accidents in motor vehicles.

In courtrooms the quality of care is determined by comparing an individual's behavior with what a typical person would do in the same conditions. In the case of medical malpractice experts are often required. Experts who have a greater understanding of the field could be held to a greater standard of medical care.

A person's breach of their obligation of care can cause harm to the victim or their property. The victim must show that the defendant violated their obligation and caused the damage or damage they sustained. Proving causation is a critical aspect of any negligence claim and involves taking into consideration both the real cause of the injury or damages as well as the reason for the damage or injury.

For instance, if a driver has a red light there is a good chance that they'll be struck by a car. If their vehicle is damaged, they'll be accountable for the repairs. But the reason for the crash might be a cut from bricks, which later turn into a potentially dangerous infection.

Breach of Duty

A breach of duty by a defendant is the second factor of negligence that must be proved in order to secure compensation in a personal injury case. A breach of duty occurs 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 has many professional duties towards his patients. These obligations stem from laws of the state and licensing bodies. Drivers are bound to care for other drivers and pedestrians, and adhere to traffic laws. If a driver violates this obligation of care and causes an accident, he is responsible for the victim's injuries.

A lawyer can use the "reasonable person" standard to prove the existence of the duty of care and then demonstrate that the defendant failed to satisfy the standard through his actions. It is a question of fact for the jury to decide if the defendant fulfilled the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For example the defendant could have crossed a red light, but his or her action was not the primary cause of the crash. The issue of causation is often challenged in cases of crash by defendants.

Causation

In motor vehicle legal vehicle cases the plaintiff must prove that there is a causal connection between the defendant's breach and their injuries. If a plaintiff suffered neck injuries as a result of an accident with rear-end damage and his or her attorney will argue that the incident was the cause of the injury. Other factors that are necessary to produce the collision, like being in a stationary vehicle are not culpable and do not affect the jury's determination of the liability.

For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, used alcohol and drugs or previous unemployment may have some influence on the severity of the psychological issues she suffers after an accident, however, the courts generally view these factors as part of the background circumstances that led to the accident from which the plaintiff's injury arose rather than an independent reason for the injuries.

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

Damages

In motor vehicle litigation, a person can recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can easily be added up and calculated as a total, for example, medical treatment, lost wages, property repairs, and even future financial losses like diminished earning capacity.

New York law also recognizes the right to seek non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a monetary amount. However, these damages must be established to exist through extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury has to determine the amount of fault each defendant is responsible for motor vehicle litigation the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are 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 explicitly denied permission to operate the car will overcome it.