Motor Vehicle Litigation
If liability is contested in court, it becomes necessary to start a lawsuit. The defendant has the right to respond to the Complaint.
New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you are responsible for an accident, your damages will be reduced based on your percentage of fault. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors.
Duty of Care
In a negligence case, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have a greater obligation to the people in their area of operation. This includes not causing hollywood motor vehicle accident law firm vehicle accidents.
In courtrooms the standard of care is determined by comparing the actions of an individual with what a typical person would do in the same conditions. In the event of medical malpractice experts are typically required. Experts who have a greater understanding of the field could 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 must prove that the defendant acted in breach of their duty of care and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It involves proving both the actual and proximate causes of the damages and injuries.
If someone runs an stop sign then they are more likely to be hit by another vehicle. If their car is damaged, they will have to pay for the repairs. But the actual cause of the crash could be a cut from a brick that later develops into a deadly infection.
Breach of Duty
The second element of negligence is the breach of duty by an individual defendant. It must be proven in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the at-fault party are insufficient to what an ordinary person would do under similar circumstances.
For example, a doctor is required to perform a number of professional duties for his patients, arising from laws of the state and licensing boards. Drivers are obliged to take care of other drivers and pedestrians, and obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is accountable for the injury suffered by the victim.
A lawyer may use the “reasonable persons” standard to establish that there is a duty to be cautious and then show that defendant failed to meet this standard in his actions. The jury will determine if the defendant met or did not meet the standards.
The plaintiff must also prove that the defendant’s negligence was the primary cause of the plaintiff’s injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that wasn’t what caused the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.
Causation
In cheverly motor vehicle accident lawyer vehicle cases, the plaintiff must establish a causal link between the defendant’s breach of duty and their injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision then his or her attorney will argue that the incident caused the injury. Other factors that are essential for the collision to occur, such as being in a stationary vehicle, are not culpable and will not affect the jury’s determination of liability.
It could be more difficult to establish a causal connection between a negligent act, and the plaintiff’s psychological problems. The fact that the plaintiff had an uneasy childhood, a bad relationship with his or her parents, used drugs and alcohol or experienced prior unemployment could have a influence on the severity of the psychological problems he or she suffers after a crash, but the courts typically consider these factors as part of the background circumstances that caused the accident resulted rather than an independent reason for the injuries.
If you have been in an accident involving a motor vehicle that was serious, it is important 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, as well as brunswick motor vehicle accident lawyer vehicle accident cases. Our lawyers have developed working relationships with independent doctors in many specialties as well as experts in computer simulations and reconstruction of accidents.
Damages
The damages a plaintiff may recover in a motor vehicle case include both economic and non-economic damages. The first category of damages covers any monetary costs that can easily be added to calculate a sum, such as medical treatment loss of wages, property repair, and even future financial losses like diminished earning capacity.
New York law recognizes that non-economic damages, such as pain and suffering, and loss of enjoyment are not able to be reduced to financial value. The damages must be proven with a large amount of evidence, such as depositions from family members and friends of the plaintiff or medical records, or other expert witness testimony.
In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the proportion of damages awarded should be split between them. The jury must determine the degree of fault each defendant was at fault for the accident and to then divide the total damages award by that percentage of blame. New York law however, does not allow this. 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries sustained by drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous and usually only a clear evidence that the owner was explicitly refused permission to operate the vehicle will overcome it.