Notes

Now That You've Purchased Motor Vehicle Legal ... Now What?
Motor Vehicle Litigation

If liability is contested, it becomes necessary to make a complaint. The Defendant will then have the chance 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 the damages awarded to you will be reduced by the percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant owed an obligation of care to them. Almost everybody owes this duty to everyone else, however those who sit behind the driving wheel of a motorized vehicle have a greater obligation to the people in their area of activity. This includes not causing accidents in motor vehicles.

In courtrooms, the standard of care is established by comparing an individual's behavior with what a normal person would do under similar conditions. Expert witnesses are frequently required in cases of medical malpractice. Experts who have a greater understanding of the field could be held to a greater standard of medical care.

A person's breach of their duty of care could cause harm to a victim or their property. The victim must prove that the defendant acted in breach of their obligation and caused the damage or damages they sustained. motor vehicle accident attorneys cape coral is a key element of any negligence claim. It involves proving both the actual and proximate causes of the damages and injuries.

If someone runs a stop sign then they are more likely to be struck by another vehicle. If their car is damaged they'll be responsible for the repairs. However, the real cause of the crash could be a cut in bricks, which later turn into a potentially dangerous infection.

Breach of Duty

A defendant's breach of duty is the second factor of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty happens when the at-fault party's actions fall short of what an average person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional duties towards his patients, which stem from the law of the state and licensing authorities. Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws. If a motorist violates this duty of care and causes an accident, he is accountable for the injuries sustained by the victim.

A lawyer can rely on the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant failed to meet the 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 breach by the defendant was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant may have run through a red light, but that's not the cause of your 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 their injuries. If a plaintiff suffered a neck injury in a rear-end accident the attorney for the plaintiff will argue that the crash was the reason for the injury. Other factors that are needed in causing the collision like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of liability.

It could be more difficult to establish a causal relationship between a negligent action and the plaintiff's psychological symptoms. It may be because the plaintiff has a troubled past, has a difficult relationship with their parents, or is a user of drugs or alcohol.

It is imperative to consult an experienced lawyer if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent doctors in various specialties as well as experts in computer simulations as well as reconstruction of accidents.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages encompasses all costs that are easily added together and calculated into an overall amount, including medical expenses and lost wages, repairs to property, and even the possibility of future financial loss, for instance a diminished earning capacity.

New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment cannot be reduced to financial value. These damages must be established through extensive evidence like 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 the rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury will determine the amount of fault each defendant is responsible for the incident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The resulting analysis of whether the presumption of permissive use is applicable is a bit nebulous and usually only a clear showing that the owner explicitly refused permission to operate the vehicle will overcome it.

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