One Motor Vehicle Legal Success Story You'll Never Believe Motor Vehicle Litigation


When a claim for liability is litigated, it becomes necessary to make a complaint. The defendant has the right to respond to the complaint.

New York follows pure comparative fault rules which means that should a jury find you to be at fault for causing the crash, 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 hired or leased by minors.

Duty of Care

In a negligence suit, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. This duty is owed by everyone, but people who drive a vehicle owe an even higher duty to other drivers in their field. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing an individual's actions against what a normal individual would do in similar circumstances. Expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of particular fields may be held to a greater standard of care.

A person's breach of their duty of care may cause harm to a victim, or their property. The victim has to show that the defendant's infringement of their duty caused the harm and damages they have suffered. Causation is a crucial element of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries.

For example, if someone runs a red light then it's likely that they'll be hit by a car. If their vehicle is damaged, they'll be accountable for the repairs. The reason for an accident could be a brick cut that develops into an infection.

Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. This must be proved in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the person who is at fault do not match what an ordinary person would do in similar circumstances.

A doctor, for example, has a number of professional obligations towards his patients. These professional obligations stem from the law of the state and licensing authorities. Motorists owe a duty 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 causes an accident, he is responsible for the victim's injuries.

Lawyers can use the "reasonable persons" standard to demonstrate that there is a duty of caution and then show that the defendant did not meet this standard in his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not.

The plaintiff must also prove that the defendant's breach of duty was the primary cause for the injuries. It is more difficult to prove this than a breach of duty. For motor vehicle accident lawsuit mount vernon could have been a motorist who ran a red light, but his or her action wasn't the proximate reason for your bicycle crash. For this reason, causation is frequently disputed by the defendants in cases of crash.

Causation

In motor vehicle-related cases, the plaintiff must establish that there is a causal connection between the breach of the defendant and their injuries. If the plaintiff sustained neck injuries in an accident with rear-end damage then his or her attorney would argue that the collision was the reason for the injury. Other factors that are necessary for the collision to occur, like being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability.

For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. It could be that the plaintiff has a turbulent past, has a bad relationship with their parents, or has used drugs or alcohol.

It is essential to speak with an experienced attorney if you have been involved in a serious motor accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a wide range of specialties and expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a plaintiff could get both economic and non-economic damages. The first type of damages includes the costs of monetary value that are easily added together and summed up into a total, for example, medical treatments or lost wages, repair to property, and even financial losses, such as loss of earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. The damages must be proven through extensive evidence such as depositions from family members and friends of the plaintiff, medical records, or other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the damages awarded should be divided between them. The jury must decide the amount of fault each defendant is responsible for the incident and then divide the total damages awarded by the percentage. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a clear proof that the owner specifically was not granted permission to operate the car will be sufficient to overcome it.