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When a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant will then have the chance to respond to the complaint.

New York has a pure comparative negligence rule. This means that, should a jury find you to be at fault for an accident the amount of damages you will be reduced according to your percentage of fault. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.

Duty of Care

In a lawsuit for negligence the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is owed to all people, however those who drive a vehicle owe an even greater obligation to other people in their field. This includes not causing car accidents.

In courtrooms the quality of care is determined by comparing an individual's actions with what a normal person would do under similar conditions. In cases of medical malpractice experts are typically required. Experts who have a superior understanding in a specific field could also be held to a higher standard of care than other people in similar situations.

If a person violates their duty of care, it may cause damage to the victim as well as their property. The victim has to show that the defendant violated their duty and caused the harm or damages they sustained. Causation proof is a crucial part of any negligence case and requires looking at both the actual basis of the injury or damages, as well as the causal cause of the damage or injury.

For instance, if someone runs a red stop sign, it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they'll be responsible for repairs. The reason for a crash could be a brick cut which develops into an infection.

Breach of Duty

The second element of negligence is the breach of duty by the defendant. This must be proved in order to be awarded compensation for personal injury claims. A breach of duty occurs when the actions of the party at fault do not match what an average person would do in similar circumstances.

For instance, a doctor is a professional with a range of professional obligations to his patients that are derived from laws of the state and licensing bodies. Drivers have a duty to care for other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this obligation of care and causes an accident, he is responsible for the injuries sustained by the victim.

A lawyer can rely on the "reasonable individuals" standard to demonstrate that there is a duty of care and then demonstrate that defendant failed to meet this standard with his actions. The jury will determine if the defendant met or did not meet the standard.

The plaintiff must also demonstrate that the defendant's breach was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. For example, a defendant may have run a red light but his or her action was not the primary cause of your bike crash. Causation is often contested in a crash case by defendants.

Causation

In motor vehicle cases, the plaintiff must establish an causal link between breach by the defendant and their injuries. For instance, if the plaintiff sustained a neck injury from a rear-end collision, his or her lawyer will argue that the collision was the cause of the injury. Other elements that are required in causing the collision such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of the liability.

For psychological injuries, however, the link between a negligent act and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with his or her parents, used alcohol and drugs or previous unemployment may have some influence on the severity the psychological issues suffers following an accident, however, the courts typically look at these factors as part of the background circumstances that caused the accident resulted rather than an independent reason for the injuries.

If you've been involved in an accident involving a motor vehicle accident lawsuit vehicle that was serious it is crucial to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation, and motor vehicle accident cases. Our lawyers have established relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.

Damages

The damages a plaintiff can recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages covers the costs of monetary value that can easily be added up and calculated into a total, such as medical expenses and lost wages, repairs to property, and even future financial loss, like the loss of earning capacity.

New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment of life can't be reduced to cash. However the damages must be proved to exist by a variety of evidence, including deposition testimony from plaintiff's close family members and friends medical records, other expert witness testimony.

In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that must be divided between them. This requires the jury to determine the amount of fault each defendant was responsible for the accident and to then divide the total amount of damages by the percentage of fault. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The process to determine if the presumption of permissiveness is complicated. Most of the time there is only a clear proof that the owner refused permission for the driver to operate the vehicle will overrule the presumption.