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14 Questions You Shouldn't Be Afraid To Ask About Motor Vehicle Legal
Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant will then have the chance to respond to the complaint.

New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing the accident, your damages award 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 case of negligence the plaintiff must prove that the defendant was bound by the duty of care toward them. This duty is owed to all, but those who drive a vehicle owe an even greater duty to other drivers in their field. 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 typical person would do in the same circumstances. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts with more experience in a certain field may be held to a higher standard of medical care.


A person's breach of their obligation of care can cause injury to a victim or their property. The victim is then required to prove that the defendant breached their obligation and caused the damage or damage that they suffered. Causation proof is a crucial aspect of any negligence case which involves looking at both the actual causes of the injury damages as well as the reason for the damage or injury.

If someone is driving through a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged they'll be responsible for repairs. But the actual cause of the crash could be a cut from bricks that later develop into a serious infection.

Breach of Duty

A breach of duty by a defendant is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury case. motor vehicle accident attorney norman of duty occurs when the actions of the person who is at fault fall short of what a normal person would do in similar circumstances.

A doctor, for instance, has a variety of professional obligations to his patients stemming from laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries suffered by the victim.

Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care and then prove that the defendant did not meet the standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also establish that the breach of duty by the defendant was the primary cause for 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, however, that's not the reason for your bicycle accident. The issue of causation is often challenged in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends, his or her lawyer might argue that the accident caused the injury. Other elements that are required in causing the collision such as being in a stationary car, are not culpable, and do not affect the jury's determination of liability.

For psychological injuries, however, the link between an act of negligence and an affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has a turbulent past, a poor relationship with their parents, or has been a user of drugs or alcohol.

It is important to consult an experienced attorney when you've been involved in a serious accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident commercial and business litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent medical professionals across a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well as with private investigators.

Damages

The damages that plaintiffs can claim in motor vehicle litigation include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added up and calculated as a total, for example, medical expenses, lost wages, property repairs, and even future financial losses like a decrease in earning capacity.

New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony.

In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages award should be allocated between them. This requires the jury to determine the amount of fault each defendant was at fault for the incident and then divide the total damages award by that percentage of blame. New York law however, does not permit this. 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear showing that the owner has explicitly did not have permission to operate his vehicle will overcome it.