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Motor Vehicle Litigation A lawsuit is necessary when the liability is being contested The defendant has the option to respond to the Complaint New York has a pure comparative negligence rule This means that if a jury finds that you are responsible for an accident the damages you incur will be reduced based on your percentage of blame There is a caveat to this rule CPLR SS 1602 excludes owners of vehicles hired or leased by minors Duty of Care In a negligence suit the plaintiff must prove that the defendant owed them a duty to exercise reasonable care This duty is owed by everyone but those who drive a vehicle owe an even greater obligation to other drivers in their field This includes ensuring that they do not cause motor vehicle accidents Courtrooms examine an individuals conduct with what a normal person would do under the same circumstances to establish what is reasonable standards of care motor vehicle accident law firm lansing is why expert witnesses are frequently required when cases involve medical malpractice People who have superior knowledge of a specific area may also be held to an even higher standard of care than other people in similar situations When someone breaches their duty of care it could cause injury to the victim or their property The victim then has to show that the defendant violated their duty and caused the harm or damage they sustained Causation is an essential element of any negligence claim It involves proving the primary and secondary causes of the injuries and damages For instance if someone is stopped at a red light and is stopped theyll be struck by a car If their car is damaged they will be responsible for repairs The reason for the accident could be a cut from bricks which later turn into a deadly infection Breach of Duty A defendants breach of duty is the second aspect of negligence that has to be proved to obtain compensation in a personal injury lawsuit A breach of duty happens when the atfault partys actions are not in line with what a reasonable person would do in similar circumstances A doctor for instance has many professional duties towards his patients which stem from the law of the state and licensing authorities Drivers have a duty to protect other motorists and pedestrians and follow traffic laws A driver who breaches this duty and causes an accident is accountable for the injuries of the victim A lawyer may use the reasonable person standard to establish the existence of the duty of care and then demonstrate that the defendant failed to meet that standard in his actions It is a question of fact that the jury has to decide if the defendant complied with the standard or not The plaintiff must also prove that the breach of duty by the defendant was the proximate cause of the injuries It is more difficult to prove this than a breach of duty A defendant may have run through a red light however thats not the reason for the crash on your bicycle This is why causation is often contested by the defendants in cases of crash Causation In motor vehicle cases the plaintiff must establish a causal connection between the defendants breach of duty and their injuries If the plaintiff suffered an injury to the neck in a rearend collision and his or her attorney would argue that the accident was the reason for the injury Other elements that could have caused the collision like being in a stationary car are not culpable and wont affect the jurys decision on the fault For psychological injuries however the link between an act of negligence and an victims afflictions may be more difficult to establish The reality that the plaintiff experienced a an uneasy childhood a bad relationship with his or her parents experimented with alcohol and drugs or had prior unemployment could have a bearing on the severity of the psychological issues suffers following an accident but courts generally view these factors as an element of the background conditions that led to the accident from which the plaintiffs injury resulted rather than an independent reason for the injuries It is imperative to consult an experienced lawyer in the event that youve been involved in a serious motor vehicle accident Arnold Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident cases business and commercial litigation as well as personal injury cases Our lawyers have developed working relationships with independent medical professionals in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators Damages In motor vehicle litigation a person can get both economic and noneconomic damages The first category of damages is any monetary expenses that can be easily added up and calculated as a total for example medical treatment and lost wages property repair and even future financial losses like diminished earning capacity New York law recognizes that noneconomic damages like suffering and pain as well as loss of enjoyment of life cant be reduced to financial value However the damages must be established to exist using extensive evidence including deposition testimony of the plaintiffs family members and close friends medical records deposition testimony and other expert witness testimony In the event of multiple defendants courts will typically use the comparative fault rule to determine the amount of damages to be split between them The jury will determine the percentage of fault each defendant is responsible for the incident and divide the total damages awarded by that percentage New York law however does not allow this 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are suffered by drivers of cars or trucks The analysis to determine whether the presumption is permissive or not is complicated The majority of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption
