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Motor Vehicle Litigation If the liability is challenged it becomes necessary to start a lawsuit The Defendant has the right to respond to the complaint New York follows pure comparative fault rules and should a jury find you to be at fault for causing an accident the amount of damages awarded will be reduced by your percentage of negligence motor vehicle accident lawyer winston salem does not apply to the owners of vehicles that are that are rented or leased out to minors Duty of Care In a case of negligence the plaintiff has to prove that the defendant had a duty of care towards them This duty is owed by everyone but those who operate a vehicle owe an even greater duty to other people in their field This includes not causing accidents in motor vehicles Courtrooms compare an individuals actions to what a typical person would do in the same circumstances to establish what is an acceptable standard of care This is why expert witnesses are often required in cases involving medical malpractice Experts who have a greater understanding of the field could be held to a higher standard of care A persons breach of their duty of care can cause harm to a victim or their property The victim has to show that the defendant violated their duty and caused the injury or damages they suffered Causation is a crucial element of any negligence claim It requires proving both the actual and proximate causes of the damage and injury For instance if a person is stopped at a red light its likely that they will be hit by a car If their vehicle is damaged they will be responsible for the repairs The cause of a crash could be caused by 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 This must be proven for compensation for personal injury claims A breach of duty is when the actions taken by the person who is at fault fall short of what an ordinary person would do under similar circumstances A doctor for instance has several professional duties to his patients based on state law and licensing boards Motorists have a duty of care to other drivers and pedestrians on the road to drive safely and obey traffic laws If a driver violates this obligation of care and creates an accident he is responsible for the injuries sustained by the victim Lawyers can rely on the reasonable person standard to prove the existence of a duty of care and then demonstrate that the defendant failed to meet the standard in his actions It is a matter of fact that the jury has to decide if the defendant complied with the standard or not The plaintiff must also establish that the breach of duty by the defendant was the primary cause for the injuries It can be more difficult to prove this than a breach of duty For instance it is possible that a defendant crossed a red light but its likely that his or her actions was not the sole cause of your bicycle crash Because of this causation is frequently disputed by defendants in crash cases Causation In motor vehicle cases the plaintiff must establish a causal connection between the defendants breach of duty and the injuries If the plaintiff suffered neck injuries as a result of a rearend collision the attorney for the plaintiff will argue that the incident was the cause of the injury Other factors necessary to cause the collision such as being in a stationary car are not culpable and will not influence the jurys determination of the cause of the accident It may be harder to prove a causal link between a negligent act and the psychological symptoms of the plaintiff It could be that the plaintiff has a turbulent background a strained relationship with their parents or is a user of alcohol or drugs If youve been involved in an accident that is serious to your vehicle It is imperative to consult with 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 accident cases Our lawyers have built working relationships with independent physicians in different specialties as well as expert witnesses in computer simulations and accident reconstruction Damages In motor vehicle litigation a plaintiff may recover both economic and noneconomic damages The first type of damages encompasses the costs of monetary value that can easily be summed up and summed up into an overall amount including medical treatment as well as lost wages repairs to property and even the possibility of future financial loss such a diminished earning capacity New York law also recognizes the right to seek noneconomic damages like suffering and pain as well as loss of enjoyment which cannot be reduced to a monetary amount The damages must be proven by a wide array of evidence including depositions of family members and friends of the plaintiff or medical records or other expert witness testimony In cases where there are multiple defendants courts typically employ comparative fault rules to determine the amount of total damages to be divided between them This requires the jury to determine how much fault each defendant incurred in the incident and then divide the total damages awarded by the percentage of fault However New York law 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are suffered by drivers of cars or trucks The resulting analysis of whether the presumption that permissive use applies is not straightforward and usually only a clear proof that the owner specifically did not have permission to operate his vehicle will overcome it
