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motor vehicle accident attorney Vehicle Litigation

If the liability is challenged, it becomes necessary to make a complaint. The defendant has the right to respond to the Complaint.

New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you are responsible for an accident and you are found to be at fault, your damages will be reduced according to your percentage of blame. There is a caveat 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 has to prove that the defendant was obligated to act with reasonable care. Nearly everyone owes this obligation to everyone else, however individuals who get behind the car have a higher obligation to the other drivers in their zone of operation. This includes ensuring that they don't cause motor vehicle accidents.

Courtrooms examine an individual's conduct to what a typical individual would do in the same conditions to determine an acceptable standard of care. In the event of medical malpractice experts are typically required. Experts with more experience in particular fields may be held to a higher standard of care.

If a person violates their duty of care, it can cause injury to the victim or their property. The victim has to show that the defendant violated their duty and caused the injury or damage they sustained. Proving causation is an essential element in any negligence case, and it involves investigating both the primary causes of the injury damages as well as the proximate reason for the damage or injury.

If someone runs an intersection it is likely that they will be struck by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. The real cause of a crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault fall short of what a normal person would do in similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients based on state law and licensing boards. Motorists are required to show care to other motorists and pedestrians to be safe and follow traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is responsible for the injuries sustained by the victim.

A lawyer can use "reasonable people" standard to establish that there is a duty of care and then prove that the defendant did not meet the standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the main cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light but that's not the cause of the crash on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle accident vehicle cases, the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. For example, if the plaintiff suffered neck injuries as a result of an accident that involved rear-ends and his or her lawyer will claim that the collision caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle, are not culpable, and will not impact the jury's determination of fault.

It could be more difficult to establish a causal relationship between a negligent act and the plaintiff's psychological problems. It could be that the plaintiff has had a difficult background, a strained relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced attorney if you have been involved in a serious car accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in various specialties as well as expert witnesses in computer simulations and reconstruction of accidents.

Damages

The damages a plaintiff may recover in motor vehicle litigation can include both economic and non-economic damages. The first category of damages covers any monetary expenses that can be easily added up and calculated as a sum, such as medical expenses or lost wages, property repair, and even future financial losses such as diminished earning capacity.

New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. The proof of these damages is through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of total damages that must be divided between them. The jury must decide the percentage of blame each defendant carries for the accident and then divide the total amount of damages awarded by the same percentage. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The method of determining if the presumption is permissive is complex. Most of the time it is only a clear evidence that the owner refused permission to the driver to operate the vehicle can overrule the presumption.