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Motor Vehicle Litigation A lawsuit is necessary when liability is contested The Defendant will then have the chance to respond to the complaint New York follows pure comparative fault rules and if the jury finds that you are responsible for causing an accident the damages awarded will be reduced by your percentage of negligence This rule is not applicable to the owners of vehicles that are which are rented out or leased to minors Duty of Care In a negligence lawsuit the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care This duty is owed by all but those who operate vehicles owe an even greater duty to other drivers in their field This includes ensuring that they dont cause car accidents Courtrooms compare an individuals actions with what a normal person would do in similar circumstances to determine a reasonable standard of care In the case of medical malpractice experts are often required Experts who have a greater understanding of the field could be held to a higher standard of care If someone violates their duty of care it may cause harm to the victim andor their property The victim is then required to prove that the defendant acted in breach of their duty and caused the injury or damage they sustained Causation proof is a crucial aspect of any negligence case and involves looking at both the actual cause of the injury or damages as well as the proximate cause of the injury or damage For instance if someone has a red light there is a good chance that theyll be struck by a vehicle If their car is damaged they will be required to pay for repairs The real cause of a crash could be a fracture in the brick that leads to an infection Breach of Duty The second element of negligence is the breach of duty by an individual defendant It must be proven in order to receive compensation in a personal injury case A breach of duty is when the actions of the person who is at fault are not in line with what a normal person would do under similar circumstances A doctor for instance has a number of professional obligations towards his patients These professional obligations stem from state law and licensing bodies Motorists are required to show care to other motorists and pedestrians to drive safely and observe traffic laws If a driver violates this obligation and creates an accident is accountable for the injuries suffered by the victim Lawyers can use the reasonable people standard to demonstrate that there is a duty of caution and then show that defendant did not comply with this standard with his actions It is a question of fact that the jury has to decide whether the defendant met the standard or not The plaintiff must also demonstrate that the defendants negligence was the direct cause of the plaintiffs injuries This is sometimes more difficult to prove than the existence of a duty and breach motor vehicle accident lawyer milwaukee might have walked through a red light but thats not what caused your bicycle accident In this way causation is often contested by defendants in collision cases Causation In motor vehicle cases the plaintiff must establish a causal connection between the defendants breach of duty and his or her injuries For instance if a plaintiff suffered a neck injury from an accident that involved rearends his or her lawyer could claim that the collision caused the injury Other factors necessary to cause the collision such as being in a stationary vehicle is not culpable and wont affect the jurys decision on the degree of fault It could be more difficult to establish a causal connection between a negligent action and the psychological issues of the plaintiff The fact that the plaintiff had an unhappy childhood a poor relationship with their parents experimented with alcohol and drugs or previous unemployment may have some influence on the severity the psychological problems he or suffers following an accident but courts typically view these elements as part of the circumstances from which the plaintiffs accident was triggered not as a separate cause of the injuries If you have been in an accident that is serious to your vehicle it is essential to consult an experienced attorney The lawyers at Arnold Clifford LLP have years of experience representing clients in personal injury commercial and business litigation and motor vehicle crash cases Our lawyers have formed working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators Damages In motor vehicle litigation a person can recover both economic and noneconomic damages The first category of damages encompasses all monetary costs which can easily be summed up and then calculated into the total amount which includes medical treatment or lost wages repair to property and even future financial loss for instance the loss of earning capacity New York law also recognizes the right to recover noneconomic damages such as pain and suffering as well as loss of enjoyment which cannot be reduced to a dollar amount However the damages must be established to exist with the help of extensive evidence including deposition testimony from the plaintiffs close friends and family members medical records deposition testimony and other expert witness testimony In cases involving multiple defendants Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them This requires the jury to determine how much responsibility each defendant was at fault for the incident and then divide the total amount of damages by the percentage of blame New York law however doesnt allow this 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of trucks or cars The process to determine if the presumption of permissiveness is complicated The majority of the time only a clear demonstration that the owner denied permission to the driver to operate the vehicle will overrule the presumption
