Notes

The Biggest Problem With Motor Vehicle Legal, And How You Can Repair It
Motor Vehicle Litigation

A lawsuit is required in cases where liability is challenged. The defendant then has the chance to respond to the complaint.

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

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant owed an obligation of care to them. Most people owe this duty to everyone else, but those who sit behind the car have a higher obligation to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicles.

motor vehicle accident law firm ofallon compare an individual's actions to what a typical individual would do under the same conditions to determine an acceptable standard of care. In the event of medical malpractice experts are often required. Experts who are knowledgeable in a specific field could also be held to a higher standard of care than others in similar situations.

If a person violates their duty of care, it may cause injury to the victim or their property. The victim must demonstrate that the defendant's violation of duty caused the damage and injury they sustained. The proof of causation is an essential aspect of any negligence claim, and it involves looking at both the actual basis of the injury or damages as well as the reason for the damage or injury.

If someone is driving through an stop sign and fails to obey the stop sign, they could be hit by another vehicle. If their car is damaged they will be responsible for repairs. The actual cause of an accident could be a brick cut that causes an infection.


Breach of Duty

The second aspect of negligence is the breach of duty by the defendant. It must be proven in order to obtain compensation in a personal injury case. A breach of duty is when the actions taken by the person who is at fault are not in line with what a normal person would do in similar circumstances.

For instance, a doctor has several professional duties to his patients stemming from state law and licensing boards. Motorists have a duty of care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this obligation of care and results in an accident, he is responsible for the victim's injuries.

A lawyer can rely on the "reasonable people" standard to prove that there is a duty of caution and then prove that the defendant did not comply with the standard in his actions. It is a question of fact that the jury has to decide if the defendant was in compliance with the standard or not.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant could have driven through a red light, but that's not the cause of the bicycle accident. In this way, the causation issue is often contested by the defendants in cases of crash.

Causation

In motor vehicle cases the plaintiff must establish a causal link between breach of the defendant and their injuries. For instance, if a plaintiff suffered an injury to his neck in a rear-end collision and their lawyer might argue that the accident caused the injury. Other factors that contributed to the collision, like being in a stationary car is not culpable and will not influence the jury's decision to determine fault.

It could be more difficult to establish a causal link between an act of negligence and the psychological issues of the plaintiff. It could be the case that the plaintiff has a turbulent past, has a difficult relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced attorney if you have been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accident.

Damages

In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages includes all costs that can easily be summed up and then calculated into a total, for example, medical expenses and lost wages, repairs to property, and even future financial loss, for instance diminished earning capacity.

New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living are not able to be reduced to monetary value. The proof of these damages is through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony.

In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be divided between them. The jury must determine the degree of fault each defendant was responsible for the accident and then divide the total amount of damages 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 the drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complex and usually only a convincing evidence that the owner specifically denied permission to operate the car will be sufficient to overcome it.

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