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Motor Vehicle Litigation A lawsuit is required when the liability is being contested The defendant will then be given the chance to respond to the complaint New York follows pure comparative fault rules and should a jury find you responsible for the crash the amount of damages awarded will be reduced by your percentage of negligence There is a slight exception to this rule CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors Duty of Care In a case of negligence the plaintiff has to prove that the defendant owed the duty of care toward them This duty is due to everyone but people who drive a vehicle owe an even higher duty to other people in their field This includes not causing car accidents Courtrooms examine an individuals conduct with what a normal person would do in similar circumstances to establish what is an acceptable standard of care In the event of medical negligence experts are typically required People with superior knowledge in specific fields could be held to a higher standard of care If a person violates their duty of care it could cause harm to the victim andor their property The victim then has to prove that the defendant breached their obligation and caused the damage or damage that they suffered Proving causation is an essential aspect of any negligence claim and requires considering both the actual causes of the injury damages as well as the causal reason for the injury or damage If someone is driving through a stop sign it is likely that they will be struck by a vehicle If their car is damaged they will have to pay for the repairs The real cause of a crash could be a brick cut which develops into an infection Breach of motor vehicle accident law firm west jordan of negligence is the breach of duty by a defendant This must be proven in order to obtain compensation in a personal injury case A breach of duty happens when the actions of the party at fault do not match what an average person would do in similar circumstances A doctor for example has a number of professional obligations to his patients that are derived from laws of the state and licensing bodies Drivers are obliged to take care of other drivers as well as pedestrians and to adhere to traffic laws If a motorist violates this duty of care and results in an accident the driver is accountable for the injuries suffered by the victim A lawyer may use the reasonable person standard to prove the existence of an obligation of care The lawyer must then demonstrate that the defendant failed to comply with the standard in his actions It is a question of fact that the jury has to decide whether the defendant complied with the standard or not The plaintiff must also demonstrate that the breach of duty by the defendant was the direct cause of the plaintiffs injuries This is sometimes more difficult to prove than the existence of a duty or breach For instance the defendant could have crossed a red light but the action wasnt the proximate cause of the crash In this way the causation issue is often contested by the defendants in cases of crash Causation In motor vehicle cases the plaintiff has to establish a causal connection between the defendants breach of duty and the injuries If the plaintiff sustained an injury to the neck in a rearend accident his or her attorney would argue that the collision was the reason for the injury Other factors that are needed for the collision to occur such as being in a stationary vehicle are not culpable and do not affect the jurys determination of liability It is possible to establish a causal link between a negligent action and the plaintiffs psychological problems The reality that the plaintiff experienced a troubles in his or her childhood had a difficult relationship with his or her parents experimented with alcohol and drugs or suffered prior unemployment could have a influence on the severity the psychological issues he or suffers from following an accident but courts generally view these factors as an element of the background conditions from which the plaintiffs accident resulted rather than an independent cause of the injuries If youve been involved in an accident that is serious to your vehicle it is important to consult an experienced attorney Arnold Clifford LLP attorneys have years of experience in 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 in various specialties as well experts in computer simulations as well as reconstruction of accidents Damages In motor vehicle litigation a plaintiff can get both economic and noneconomic damages The first category of damages is all financial costs that can easily be added up and then calculated into a total for example medical treatment as well as lost wages repairs to property and even financial loss such the loss of earning capacity New York law also recognizes the right to recover noneconomic damages like the suffering of others and the loss of enjoyment which cannot be reduced to a dollar amount However these damages must be established to exist through extensive evidence such as deposition testimony of the plaintiffs close friends and family members medical records other expert witness testimony In cases involving multiple defendants Courts will often use comparative negligence rules to determine how much of the damages awarded should be divided between them The jury will determine the proportion of fault each defendant carries for the incident and then divide the total amount of damages awarded by that percentage However New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these vehicles and trucks The method of determining if the presumption is permissive or not is complex Typically only a clear demonstration that the owner was not able to grant permission to the driver to operate the vehicle can be able to overcome the presumption
