motor vehicle accident Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant then has the chance to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you responsible for a crash the damages awarded will be reduced by the percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a case of negligence the plaintiff has to prove that the defendant was bound by the duty of care towards them. Nearly everyone owes this obligation to everyone else, but individuals who get behind the steering wheel of a motor vehicle are obligated to the other drivers in their zone of activity. This includes not causing car accidents.

In courtrooms the quality of care is determined by comparing the actions of an individual to what a normal person would do in similar conditions. In cases of medical malpractice, expert witnesses are usually required. Experts who have a greater understanding of the field could be held to a greater standard of care.

If a person violates their duty of care, it could cause harm to the victim and/or their property. The victim must prove that the defendant breached their obligation and caused the damage or damage that they suffered. Proving causation is a critical part of any negligence case and requires investigating both the primary reason for the injury or damages and the proximate reason for the injury or damage.

If someone runs a stop sign and fails to obey the stop sign, they could be hit by a car. If their car is damaged they will be responsible for repairs. The real cause of the crash could be a brick cut that causes an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by an individual defendant. This must be proven in order to be awarded compensation for a personal injury claim. A breach of duty is when the actions of the at-fault party are insufficient to what an ordinary person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists are required to show care to other motorists and pedestrians on the road to drive safely and obey traffic laws. If a driver fails to comply with this obligation of care and creates an accident, he is accountable for the injury suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then show that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant met or did not meet the standard.

The plaintiff must also prove that the breach of duty by the defendant was the proximate cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that wasn't what caused the bicycle accident. Causation is often contested in crash cases by defendants.

Causation

In Roswell Motor Vehicle Accident Lawsuit vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If a plaintiff suffers an injury to the neck in an accident that involved rear-end collisions, Motor Vehicle Accident Law Firm his or her attorney would argue that the collision was the cause of the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's decision of liability.

For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be that the plaintiff has a troubled background, a strained relationship with their parents, or has used alcohol or drugs.

If you have been in a serious motor vehicle crash it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators.

Damages

The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first type of damages includes any monetary expenses that can be easily added to calculate an amount, like medical expenses or lost wages, property repair and even future financial losses like a diminished earning capacity.

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

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of damages that must be divided between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident and to then divide the total damages awarded by that percentage of blame. New York law however, does not permit this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The method of determining if the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner was not able to grant permission to the driver to operate the vehicle will be able to overcome the presumption.