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Motor Vehicle Litigation A lawsuit is necessary 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 if a jury finds that you were at fault for an accident and you are found to be at fault your damages will be reduced based on your percentage of blame There is an 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 had a duty of care towards them The majority of people owe this obligation to everyone else but individuals who get behind the driving wheel of a motorized vehicle are obligated to the other drivers in their zone of activity This includes ensuring that there are no accidents in motor vehicles Courtrooms assess an individuals actions with what a normal person would do under the same circumstances to establish what is reasonable standards of care In the event of medical malpractice expert witnesses are typically required Experts who have a superior understanding in a particular field can be held to a higher standard of care than other individuals in similar situations If someone violates their duty of care it may cause injury to the victim or their property The victim is then required to show that the defendants infringement of duty caused the damage and injury they have suffered Causation proof is a crucial aspect of any negligence claim and involves considering both the actual cause of the injury or damages and the proximate cause of the damage or injury For instance if someone runs a red stop sign there is a good chance that they will be hit by a car If their vehicle is damaged theyll be required to pay for repairs The cause of the crash could be a fracture in the brick that leads to an infection Breach of Duty A defendants breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury claim A breach of duty is when the actions of the person at fault fall short of what an ordinary person would do under similar circumstances For example a doctor has several professional duties to his patients that are governed by laws of the state and licensing boards motor vehicle accident lawsuit vermont have a duty to be considerate of other drivers and pedestrians and obey traffic laws If a motorist violates this duty of care and causes an accident he is responsible for the injuries sustained by the victim A lawyer may use the reasonable people standard to establish that there is a duty to be cautious and then prove that the defendant did not meet this standard with his actions It is a matter of fact for the jury to decide if the defendant fulfilled the standard or not The plaintiff must also demonstrate that the breach of duty by the defendant was the primary cause of the plaintiffs injuries It is more difficult to prove this than a breach of duty A defendant could have driven through a red light but thats not what caused the bicycle accident Because of this causation is often challenged by the defendants in case of a crash Causation In motor vehiclerelated cases the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries If the plaintiff sustained neck injuries in an accident that involved rearend collisions then his or her attorney will argue that the crash caused the injury Other factors that contributed to the collision like being in a stationary car is not culpable and wont affect the jurys decision on the degree of fault For psychological injuries however the link between a negligent act and an injured plaintiffs symptoms may be more difficult to establish It could be that the plaintiff has a turbulent background a strained relationship with their parents or is a user of drugs or alcohol If youve been involved in a serious motor vehicle accident it is important to consult an experienced attorney The lawyers at Arnold Clifford LLP have years of experience representing clients in personal injury as well as commercial and business litigation and motor vehicle crash cases Our lawyers have built working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations as well as reconstruction of accidents Damages The damages that a plaintiff can recover in a motor vehicle case include both economic and noneconomic damages The first category of damages covers any monetary costs that can be easily added up and calculated as the sum of medical treatment and lost wages property repair and even future financial losses like a diminished earning capacity New York law also recognizes the right to seek noneconomic damages including pain and suffering and loss of enjoyment of life which cannot be reduced to a dollar amount However these damages must be proved to exist through extensive evidence such as deposition testimony from the plaintiffs family members and close friends medical records deposition testimony and other expert witness testimony In cases where there are multiple defendants courts will often use comparative fault rules to determine the amount of total damages that must be divided between them The jury will determine the percentage of fault each defendant has for the accident and divide the total damages awarded by the percentage New York law however does not permit this 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of cars or trucks The subsequent analysis of whether the presumption of permissiveness applies is not straightforward and usually only a convincing evidence that the owner has explicitly refused permission to operate the vehicle will be able to overcome it
