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Motor Vehicle Litigation

A lawsuit is necessary when liability is in dispute. The defendant will then be given the opportunity to respond to the complaint.

New York follows pure comparative fault rules and, if the jury finds you to be at fault for causing an accident the damages awarded will be reduced by your 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 negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to everyone, but people who drive a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms the standard of care is determined by comparing an individual's actions to what a normal person would do in the same circumstances. Expert witnesses are often required in cases involving medical negligence. Experts with a superior understanding of a certain field may be held to a greater standard of care.

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 their duty led to the harm and damages they sustained. Causation is an important part of any negligence claim. It requires proof of both the proximate and actual causes of the injury and damages.

For instance, if a person has a red light, it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll need to pay for repairs. But the actual cause of the crash might be a cut from bricks, which later turn into a serious infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault do not match what a normal person would do under similar circumstances.

A doctor, for instance, is required to perform a number of professional duties for his patients, arising from the law of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, and respect traffic laws. If a motorist violates this duty of care and creates an accident, he is responsible for the injuries sustained by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of care and then show that defendant did not comply with this standard in his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the main cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red light, but his or her action was not the primary reason for your bicycle crash. This is why the causation issue is often contested by the defendants in case of a crash.

Causation

In motor vehicle accident law firms vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffered neck injuries in a rear-end collision the attorney for the plaintiff would argue that the collision was the reason for the injury. Other elements that could have caused the collision, such as being in a stationary vehicle, are not culpable, and will not affect the jury’s determination of the degree of fault.

For psychological injuries, however, the link between negligence and the victim's afflictions may be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with their parents, experimented with alcohol and drugs or had prior unemployment could have a influence on the severity of the psychological issues he or suffers following an accident, however, the courts generally view these factors as part of the context from which the plaintiff's accident resulted rather than an independent reason for the injuries.

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

Damages

In motor vehicle litigation, a plaintiff could get both economic and non-economic damages. The first category of damages encompasses all monetary costs which can easily be added up and then calculated into an overall amount, including medical treatment as well as lost wages, repairs to property, and even financial loss, like a diminished earning capacity.

New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment of life cannot be reduced to money. However, these damages must be proven to exist using extensive evidence, including deposition testimony from plaintiff's family members and close friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide how much of the total damages awarded should be divided between them. The jury must determine how much fault each defendant incurred in the incident and then divide the total amount of damages by the percentage of fault. New York law however, doesn't allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of the vehicles. The process of determining whether the presumption of permissiveness is complex. The majority of the time there is only a clear proof that the owner denied permission for the driver to operate the vehicle can be sufficient to overturn the presumption.