Motor Vehicle Litigation
When liability is contested in court, it becomes necessary to make a complaint. The defendant will then have the chance 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 the amount of damages you will be reduced according to your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.
Duty of Care
In a negligence suit the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. This duty is owed to everyone, but people who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that they do not cause accidents in
motor vehicle accident attorneys vehicles.
Courtrooms compare an individual's actions with what a normal person would do in similar circumstances to establish what is reasonable standards of care. This is why expert witnesses are often required in cases involving medical malpractice. People with superior knowledge in specific fields could be held to a higher standard of treatment.
A breach of a person's duty of care can cause harm to the victim or their property. The victim must then establish that the defendant's breach of duty caused the harm and damages they suffered. Proving causation is a critical part of any negligence case, and it involves investigating both the primary causes of the injury damages as well as the cause of the damage or injury.
For instance, if a person is stopped at a red light there is a good chance that they will be hit by a car. If their vehicle is damaged, they'll be responsible for the repairs. But the reason for the accident could be a cut from bricks, which later turn into a dangerous infection.
Breach of Duty
The second aspect of negligence is the breach of duty committed by an individual defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty happens when the actions of a party who is at fault aren't in line with what an average person would do in similar circumstances.
A doctor, for instance has many professional obligations towards his patients, which stem from state law and licensing bodies. Motorists owe a duty care to other drivers and pedestrians on the road to be safe and follow traffic laws. If a driver violates this duty of care and causes an accident, he is accountable for the injuries suffered by the victim.
A lawyer can rely on the "reasonable persons" standard to demonstrate that there is a duty to be cautious and then show that defendant did not comply with this standard in his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not.
The plaintiff must also establish that the breach of duty by the defendant was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. For example the defendant could have crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. In this way, causation is often challenged by the defendants in case of a crash.
Causation
In
motor vehicle accidents vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if a plaintiff sustained an injury to the neck 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 produce the collision, like being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's decision of the liability.
It can be difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be because the plaintiff has a troubled past, has a bad relationship with their parents, or has been a user of alcohol or drugs.
It is crucial to consult an experienced lawyer when you've been involved in a serious accident. The
attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in a range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators.
Damages
In motor vehicle litigation, a plaintiff could recover both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added to calculate an amount, like medical treatment loss of wages, property repairs, and even future financial losses, like a diminished earning capacity.
New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment, cannot be reduced to financial value. However these damages must be proven to exist using extensive evidence, such as deposition testimony of the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.
In cases that involve multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury must determine the amount of fault each defendant was responsible for the accident, and then divide the total damages award by that percentage of the fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissive usage applies is complicated and typically only a clear proof that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it.