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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 the damages you incur will be reduced according to your percentage of fault There is a caveat to this rule CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors Duty of Care In a negligence suit the plaintiff must prove that the defendant owed them a duty to act with reasonable care This duty is owed by all people however those who operate vehicles owe an even higher duty to other drivers in their field This includes ensuring that they dont cause motor vehicle accidents In courtrooms the standards of care are determined by comparing an individuals conduct with what a normal person would do in similar situations Expert witnesses are often required in cases involving medical malpractice People with superior knowledge in particular fields may be held to a greater standard of care A persons breach of their duty of care can cause harm to the victim or their property The victim then has to prove that the defendant acted in breach of their duty and caused the harm or damage that they suffered Proving causation is a critical element in any negligence case and it involves taking into consideration both the real basis of the injury or damages and the proximate cause of the damage or injury For example if someone is stopped at a red light its likely that theyll be struck by a car If their vehicle is damaged they will be responsible for the repairs The actual cause of a crash could be a brick cut which develops into an 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 lawsuit A breach of duty is when the actions taken by the person who is at fault fall short of what a normal person would do under similar circumstances A doctor for instance has a number of professional duties towards his patients These professional obligations stem from state law and licensing bodies Motorists owe a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws If a driver fails to comply with this duty of care and results in an accident the driver is accountable for the injuries sustained by the victim A lawyer can use the reasonable person standard to establish the existence of the duty of care and then demonstrate that the defendant failed to comply with the standard in his actions It is a question of fact for the jury to decide if the defendant fulfilled the standard or not The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiffs injuries It can be more difficult to prove this than a breach of duty A defendant could have run through a red light but thats not the cause of your bicycle accident The issue of causation is often challenged in a crash case by defendants Causation In motor vehicle cases the plaintiff must establish a causal link between the defendants breach of duty and his or her injuries For instance if a plaintiff sustained neck injuries as a result of an accident that involved rearends his or her lawyer would argue that the collision was the cause of the injury Other factors necessary to cause the collision like being in a stationary vehicle is not culpable and will not impact the jurys determination of fault It could be more difficult to establish a causal link between a negligent act and the plaintiffs psychological symptoms It may be that the plaintiff has had a difficult past a poor relationship with their parents or has used alcohol or drugs It is essential to speak with an experienced attorney if you have been involved in a serious motor accident Arnold Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents commercial and business litigation as well as personal injury cases Our lawyers have developed working relationships with independent doctors with a variety of specialties including expert witnesses in accident reconstruction and computer simulations and with private investigators Damages The damages plaintiffs can seek in motor vehicle litigation include both economic and noneconomic damages The first category of damages is all monetary costs which can easily be added up and summed up into a total such as medical treatments lost wages repairs to property or even a future financial losses such as diminished earning capacity New York law also recognizes the right to seek noneconomic damages including the suffering of others and the loss of enjoyment which cannot be reduced to a dollar amount These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff medical records as well as other expert witness testimony In cases where there are multiple defendants courts typically use the comparative fault rule to determine the amount of damages to be divided between them motor vehicle accident attorney pomona will determine the percentage of fault each defendant is accountable for the incident and divide the total amount of damages awarded by that percentage New York law however does not permit this 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by the driver of these trucks and cars The process of determining whether the presumption is permissive or not is complicated The majority of the time the only way to prove that the owner did not grant permission for the driver to operate the vehicle can overrule the presumption
