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Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The Defendant has the right to respond to the complaint.

New York has a pure comparative negligence rule. This means that, when a jury finds you to be at fault for an accident, your damages will be reduced according to your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had a duty of care towards them. Most people owe this duty to everyone else, however individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles.

In courtrooms, the standards of care are determined by comparing an individual's conduct with what a normal person would do under similar circumstances. Expert witnesses are frequently required when cases involve medical malpractice. Experts who are knowledgeable of a specific area may also be held to an even higher standard of care than other individuals in similar situations.


A breach of a person's duty of care may cause harm to a victim or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the harm or damage that they suffered. Causation is an important part of any negligence claim. motor vehicle accident attorneys rialto requires proving both the proximate and actual causes of the damages and injuries.

If someone runs the stop sign then they are more likely to be struck by another vehicle. If their vehicle is damaged, they will need to pay for repairs. The reason for a crash could be a fracture in the brick that leads to an infection.

Breach of Duty

The second element of negligence is the breach of duty by an individual defendant. It must be proven for compensation for personal injury claims. A breach of duty occurs when the actions of the person who is at fault do not match what an ordinary person would do under similar circumstances.

For instance, a doctor has a variety of professional duties towards his patients. These obligations stem from the law of the state and licensing authorities. Motorists are required to show care to other drivers and pedestrians to be safe and follow traffic laws. Drivers who violate this obligation and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can use the "reasonable people" standard to prove that there is a duty of caution and then show that the defendant did not comply with the standard in his actions. It is a question of fact for the jury to decide whether the defendant met the standard or not.

The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light, but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle-related cases, the plaintiff must prove a causal link between defendant's breach and their injuries. If a plaintiff suffered neck injuries in a rear-end accident and his or her attorney will argue that the incident was the reason for the injury. Other elements that are required for the collision to occur, such as being in a stationary car, are not considered to be culpable and therefore do not affect the jury's determination of liability.

For psychological injuries, however, the link between a negligent act and the victim's afflictions may be more difficult to establish. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with their parents, was a user of drugs and alcohol or experienced previous unemployment may have some bearing on the severity of the psychological issues he or she suffers after an accident, but courts generally view these factors as part of the background circumstances that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries.

It is crucial to consult an experienced lawyer if you have been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent physicians in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

In motor vehicle litigation, a person can seek both economic and noneconomic damages. The first type of damages covers all financial costs that can easily be summed up and then calculated into the total amount, which includes medical treatment, lost wages, repairs to property, and even financial loss, for instance the loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of life are not able to be reduced to money. However the damages must be proven to exist with the help of extensive evidence, such as deposition testimony of the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury has to determine the proportion of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by that percentage. New York law however, does not allow this. 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries sustained by drivers of cars or trucks. The method of determining if the presumption is permissive or not is complicated. The majority of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can be sufficient to overturn the presumption.

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