Three Reasons Why Three Reasons Your Motor Vehicle Legal Is Broken (And How To Repair It)

Motor Vehicle Litigation

When liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant is entitled to respond to the complaint.

New York has a pure comparative negligence rule. This means that if a jury finds that you were at fault 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 owners of vehicles hired or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had a duty of care towards them. Nearly everyone owes this obligation to everyone else, however individuals who get behind the wheel of a motor vehicle have a greater obligation to other people in their field of operation. This includes not causing motor vehicle accidents.

In courtrooms, the standard of care is established by comparing an individual’s actions to what a normal person would do in similar circumstances. In the event of medical malpractice experts are typically required. Experts with a higher level of expertise in a particular field can also be held to an higher standard of care than other people in similar situations.

A breach of a person’s obligation of care can cause harm to the victim or their property. The victim then has to show that the defendant violated their duty of care and caused the injury or motor vehicle accidents damages they sustained. Causation proof is a crucial aspect of any negligence case and requires taking into consideration both the real basis of the injury or damages as well as the proximate cause of the damage or injury.

If someone is driving through an stop sign then they are more likely to be hit by a car. If their car is damaged, they’ll be required to pay for repairs. But the actual cause of the accident could be a cut on the brick, which then develops into a dangerous infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proved in order to receive compensation in a personal injury case. 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 example, 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 obey traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is liable for the victim’s injuries.

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

The plaintiff must also prove that the breach of duty by the defendant was the direct cause of the plaintiff’s injuries. This can be 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. Causation is often contested in case of a crash by the defendants.

Causation

In vehicle cases, the plaintiff has to establish a causal link between the defendant’s breach of duty and their injuries. If a plaintiff suffered neck injuries as a result of a rear-end collision and his or her attorney would argue that the collision was the reason for the injury. Other elements that could have caused the collision, such as being in a stationary vehicle is not culpable and will not impact the jury’s determination of the fault.

It may be harder to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be because the plaintiff has a turbulent background, a strained relationship with their parents, or has used drugs or alcohol.

If you have been in a serious motor vehicle accident attorney vehicle crash, it is important to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury commercial and business litigation, and motor vehicle crash cases. Our lawyers have developed working relationships with independent doctors in many specialties, as well as expert witnesses in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a person can get both economic and non-economic damages. The first category of damages is all costs that can be easily added together and then calculated into an overall amount, including medical treatments as well as lost wages, repairs to property, and even the possibility of future financial loss, such diminished earning capacity.

New York law also recognizes the right to seek non-economic damages like the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However, these damages must be established to exist through extensive evidence, including deposition testimony from plaintiff’s close family members and friends medical records, deposition testimony, and other expert witness testimony.

In cases where there are multiple defendants, Motor vehicle accidents courts often use comparative fault rules to determine the amount of damages that should be divided between them. This requires the jury to 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 fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these trucks and cars. The process to determine if the presumption is permissive is complex. Most of the time the only way to prove that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.