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Motor Vehicle Litigation A lawsuit is necessary when liability is in dispute The defendant is entitled to respond to the complaint New York follows pure comparative fault rules and if the jury finds you responsible for a crash your damages award will be reduced by the percentage of negligence This rule does not apply to owners of vehicles that are leased or rented to minors Duty of Care In a case of negligence the plaintiff must show that the defendant owed a duty of care towards them This duty is due to all but those who drive a vehicle owe an even greater obligation to others in their field This includes ensuring that they do not cause accidents with motor vehicles Courtrooms assess an individuals actions to what a typical individual would do under similar circumstances to determine an acceptable standard of care Expert witnesses are frequently required in cases involving medical malpractice Experts who are knowledgeable in a specific field could also be held to an even higher standard of care than other people in similar situations A breach of a persons duty of care could cause harm to a victim or their property The victim has to prove that the defendant breached their duty and caused the harm or damages they suffered Causation proof is a crucial aspect of any negligence case which involves investigating both the primary reason for the injury or damages as well as the reason for the injury or damage If someone is driving through an stop sign they are likely to be hit by another vehicle If their car is damaged they will need to pay for repairs motor vehicle accident attorney north charleston for the crash could be a cut on bricks that later develop into a dangerous infection Breach of Duty A breach of duty by the defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury case A breach of duty occurs when the actions of the person at fault do not match what an average person would do in similar circumstances A doctor for instance has a number of professional duties towards his patients These obligations stem from state law and licensing bodies Motorists have a duty of care to other motorists and pedestrians on the road to drive safely and obey traffic laws If a driver fails to comply with this duty of care and results in an accident the driver is accountable for the injury suffered by the victim A lawyer can rely on the reasonable persons standard to establish that there is a duty to be cautious and then demonstrate that defendant failed to meet the standard in his actions It is a question of fact for the jury to decide if the defendant complied with the standard or not The plaintiff must also prove that the defendants breach was the primary cause of the plaintiffs injuries This is sometimes more difficult to prove than the existence of a duty or breach A defendant might have walked through a red light but thats not what caused the accident on your bicycle The issue of causation is often challenged in cases of crash by defendants Causation In motor vehicle cases the plaintiff has to establish a causal connection between the defendants breach of duty and the injuries For instance if a plaintiff suffered neck injuries as a result of a rearend collision the lawyer would argue that the collision caused the injury Other factors that are essential in causing the collision such as being in a stationary car are not culpable and do not affect the jurys determination of the liability For psychological injuries However the connection between a negligent act and the victims afflictions may be more difficult to establish It may be that the plaintiff has a troubled background a strained relationship with their parents or has abused alcohol or drugs It is imperative to consult an experienced lawyer if you have been involved in a serious motor accident Arnold Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases business and commercial litigation and personal injury cases Our lawyers have built working relationships with independent physicians in a variety of specialties as well as experts in computer simulations and reconstruction of accidents Damages The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and noneconomic damages The first type of damages encompasses the costs of monetary value that can be easily added together and then calculated into the total amount which includes medical treatment or lost wages repair to property or even a future financial losses such as diminished earning capacity New York law recognizes that noneconomic damages such as pain and suffering and loss of enjoyment of life are not able to be reduced to cash However these damages must be proved to exist through extensive evidence such as deposition testimony of the plaintiffs close family members and friends medical records other expert witness testimony In cases involving multiple defendants Courts will often use rules of comparative negligence to determine how much of the damages awarded should be split between them The jury has to determine the percentage of blame each defendant is accountable for the accident and divide the total amount of damages awarded by the percentage However New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks The subsequent analysis of whether the presumption of permissive usage applies is complex and typically only a clear evidence that the owner has explicitly was not granted permission to operate the vehicle will be able to overcome it
