motor Vehicle accident law firms Vehicle Litigation

When a claim for liability is litigated in court, 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, which means that should a jury find that you are responsible for causing an accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.

Duty of Care

In a case of negligence the plaintiff must prove that the defendant owed an obligation of care to them. This duty is owed by everyone, but those 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.

In courtrooms the standards of care are determined by comparing an individual's actions to what a normal person would do in similar conditions. Expert witnesses are often required in cases of medical malpractice. Experts who are knowledgeable in a particular field can also be held to a higher standard of care than other people in similar situations.

If a person violates their duty of care, it could cause damage to the victim as well as their property. The victim must then establish that the defendant's breach of their duty led to the harm and damages they suffered. Causation is an important part of any negligence claim. It requires proving both the primary and secondary causes of the damages and injuries.

If a driver is caught running a stop sign then they are more likely to be hit by a car. If their vehicle is damaged, they'll be accountable for repairs. The actual cause of an accident could be a brick cut that causes 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 receive compensation in a personal injury case. A breach of duty is when the actions of the at-fault party do not match what an ordinary person would do in similar circumstances.

For instance, a physician is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and respect traffic laws. If a motorist violates this obligation of care and causes an accident, he is responsible for the injuries suffered by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of prudence and then prove that the defendant did not meet the standard in his actions. It is a question of fact for the jury to decide if the defendant was in compliance with the standard or not.

The plaintiff must also demonstrate that the defendant's negligence was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light however, that's not the reason for the bicycle accident. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff sustained neck injuries as a result of a rear-end collision, his or her attorney will argue that the crash was the cause of the injury. Other factors necessary to cause the collision, such as being in a stationary car are not culpable and will not affect the jury's decision on the cause of the accident.

For psychological injuries, however, the link between a negligent act and the victim's afflictions may be more difficult to establish. It may be that the plaintiff has a troubled past, has a bad relationship with their parents, or is a user of drugs or alcohol.

If you've been involved in an accident that is serious to your vehicle it is crucial to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages is any monetary expenses that can be easily added to calculate an amount, like medical expenses and 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 such as suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. However these damages must be proven to exist using extensive evidence, including deposition testimony from the plaintiff's family members and close friends medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, courts typically use the comparative fault rule to determine the amount of total damages to be split between them. This requires the jury to determine how much fault each defendant was at fault for the incident and then divide the total amount of damages by the percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of the vehicles. The subsequent analysis of whether the presumption of permissiveness applies is complex, and typically only a clear proof that the owner specifically did not have permission to operate his car will overcome it.