Motor Vehicle Litigation

If liability is contested, it becomes necessary to make a complaint. The defendant will then have the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, when a jury finds you to be at fault for causing a crash the damages awarded to you will be reduced by the percentage of negligence. There is one 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 negligence case, the plaintiff must show that the defendant owed a duty of care towards them. This duty is owed by all, but those who operate a vehicle owe an even higher duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicle law vehicles.

In courtrooms, the standards of care are determined by comparing an individual's actions with what a typical person would do in the same circumstances. In the event of medical malpractice expert witnesses are typically required. People with superior knowledge in the field could be held to a greater standard of treatment.

A person's breach of their obligation of care can cause injury to a victim or their property. The victim must demonstrate that the defendant's violation of duty caused the injury and damages that they suffered. Causation proof is a crucial aspect of any negligence case and requires considering both the actual basis of the injury or damages, as well as the causal reason for the injury or damage.

If someone is driving through the stop sign it is likely that they will be struck by another vehicle. If their vehicle is damaged, they will be responsible for repairs. The actual cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. The breach of duty must be proved for compensation for personal injury claims. A breach of duty is when the actions of the person at fault are insufficient to what a normal person would do in similar circumstances.

For instance, a doctor has a variety of professional obligations to his patients. These obligations stem from laws of the state and licensing bodies. Motorists owe a duty care to other drivers and pedestrians to drive safely and obey traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can use the "reasonable individuals" standard to demonstrate that there is a duty of caution and then prove that the defendant did not adhere to this standard in his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the proximate cause of the injuries. It can be 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 the bicycle accident. The issue of causation is often challenged in case of a crash by the defendants.

Causation

In motor vehicle law vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers neck injuries as a result of a rear-end collision the attorney for the plaintiff would argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable, and will not affect the jury's decision to determine fault.

It could be more difficult to prove a causal link between a negligent action and the plaintiff's psychological problems. The reality that the plaintiff experienced a an uneasy childhood, a bad relationship with his or her parents, motor vehicle litigation experimented with alcohol and drugs or prior unemployment could have a influence on the severity of the psychological problems he or suffers following an accident, however, the courts typically look at these factors as an element of the background conditions from which the plaintiff's accident was triggered, not as a separate reason for the injuries.

It is essential to speak with an experienced lawyer in the event that you've been involved in a serious motor vehicle compensation accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle law vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent doctors across a variety of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages encompasses the costs of monetary value that can be easily added together and then calculated into a total, such as medical treatment or lost wages, repair to property, and even financial loss, for instance the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages, such as pain and suffering as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be proved through extensive evidence like depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony.

In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be split between them. This requires the jury to determine the degree of fault each defendant incurred in the accident and then divide the total damages award by the percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a convincing evidence that the owner specifically refused permission to operate the car will overcome it.