Motor Vehicle Litigation
When a claim for liability is litigated in court, it becomes necessary to bring a lawsuit. The defendant has the option to respond to the Complaint.
New York follows pure comparative fault rules, which means that should a jury find you responsible for the accident, 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 which are rented or leased by minors.
Duty of Care
In a case of negligence the plaintiff must prove that the defendant was bound by the duty of care toward them. This duty is owed by all people, however those who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that they don't cause
motor vehicle accidents.
Courtrooms examine an individual's conduct to what a typical individual would do under the same circumstances to determine reasonable standards of care. In cases of medical malpractice, expert witnesses are usually required. Experts who are knowledgeable in a particular field can also be held to an higher standard of care than other people in similar situations.
When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim has to prove that the defendant breached their obligation and caused the damage or damages they sustained. Causation is a crucial element of any negligence claim. It involves proving the proximate and actual causes of the damages and injuries.
For instance, if someone is stopped at a red light and is stopped, they'll be hit by a car. If their car is damaged they'll be accountable for the repairs. The cause of an accident could be a fracture in the brick that leads to an infection.
Breach of Duty
A breach of duty by the defendant is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty occurs when the at-fault party's actions do not match what a reasonable person would do in similar circumstances.
For instance, a physician is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers are required to be considerate of other drivers and pedestrians, and to respect traffic laws. A driver who breaches this duty and causes an accident is accountable for the victim's injuries.
Lawyers can use the "reasonable persons" standard to show that there is a duty to be cautious and then demonstrate that defendant failed to meet this standard with his actions. The jury will decide if the defendant met or did not meet the standards.
The plaintiff must also prove that the defendant's negligence was the main cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example the defendant could have run a red light but his or her action wasn't the main cause of your bicycle crash. This is why the causation issue is often contested by the defendants in case of a crash.
Causation
In motor vehicle cases, the plaintiff must establish an causal link between breach by the defendant and their injuries. For example, if the plaintiff sustained an injury to his neck in a rear-end collision and their lawyer would argue that the collision caused the injury. Other elements that are required to produce the collision, like being in a stationary car, are not culpable and do not affect the jury's determination of liability.
For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has been a user of alcohol or drugs.
If you have been in an accident involving a
motor vehicle accident law firm vehicle that was serious It is imperative to consult an experienced attorney. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in different specialties as well as experts in computer simulations and accident reconstruction.
Damages
The damages that a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages includes all costs that can easily be summed up and then calculated into an overall amount, including medical treatments and lost wages, repairs to property, and even the possibility of future financial losses, such as loss of earning capacity.
New York law also recognizes the right to recover non-economic damages, such as the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. However these damages must be established to exist using extensive evidence, such as deposition testimony of the plaintiff's close friends and family members medical records, other expert witness testimony.
In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be split between them. The jury must determine how much fault each defendant incurred in the accident and to then divide the total damages award by the percentage of fault. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of those cars and trucks. The analysis to determine whether the presumption is permissive or not is complicated. Typically, only a clear demonstration that the owner did not grant permission for the driver to operate the vehicle will overcome the presumption.