Motor Vehicle Litigation
A lawsuit is necessary when liability is in dispute. The defendant then has the chance to respond to the complaint.
New York has a pure comparative negligence rule. This means that when a jury finds you to be at fault for an accident the damages you incur will be reduced based on your percentage of blame. This rule is not applicable to owners of vehicles that are leased or rented to minors.
Duty of Care
In a negligence suit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. This duty is owed by all, but those who operate vehicles owe an even greater duty to others in their field. This includes ensuring that they do not cause accidents with motor vehicles.
Courtrooms compare an individual’s actions to what a typical person would do under the same circumstances to establish what is a reasonable standard of care. In cases of medical malpractice expert witnesses are typically required. Experts with more experience in a certain field may be held to a greater standard of care.
A breach of a person’s duty of care could cause injury to a victim or their property. The victim must then prove that the defendant’s breach of their duty caused the damage and injury they sustained. The proof of causation is an essential element in any negligence case and involves taking into consideration both the real reason for the injury or damages as well as the reason for the injury or damage.
For instance, if someone runs a red stop sign then it’s likely that they will be hit by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. The actual cause of an accident could be a brick cut that causes an infection.
Breach of Duty
The second element of negligence is the breach of duty committed by a defendant. This must be proved in order to receive compensation in a personal injury case. A breach of duty happens when the at-fault party’s actions aren’t in line with what a reasonable person would do in similar circumstances.
For instance, a doctor has many professional obligations towards his patients that are derived from state law and licensing bodies. Drivers have a duty to protect other motorists as well as pedestrians, and to respect traffic laws. If a driver fails to comply with this duty of care and results in an accident, the driver is responsible for the injuries suffered by the victim.
Lawyers can rely on the “reasonable person” standard to establish the existence of a duty of care and then prove that the defendant failed to comply with the standard in his actions. It is a question of fact for the jury to decide whether the defendant was in compliance with the standard or not.
The plaintiff must also prove that the defendant’s breach of duty was the primary cause for his or her injuries. It is more difficult to prove this than a breach of duty. A defendant may have run through a red light, however, that’s not the reason for the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants.
Causation
In motor vehicle cases the plaintiff must establish that there is a causal connection between the defendant’s breach and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney will argue that the crash caused the injury. Other factors that contributed to the collision, like being in a stationary vehicle, are not culpable, and will not impact the jury’s determination of the fault.
It could be more difficult to establish a causal link between an act of negligence and the psychological issues of the plaintiff. It may be that the plaintiff has a troubled past, a poor relationship with their parents, or has abused alcohol or drugs.
It is crucial to consult an experienced attorney should you be involved in a serious front Royal Motor vehicle accident attorney accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators.
Damages
The damages that a plaintiff may recover in kenneth city motor vehicle accident lawsuit vehicle litigation include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be summed up and then calculated into the total amount, which includes medical treatments, lost wages, repairs to property, and even the possibility of future financial losses, such as loss of earning capacity.
New York law also recognizes the right to recover non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a dollar amount. However these damages must be proved to exist with the help of extensive evidence, such as deposition testimony of the plaintiff’s close family members and friends medical records, other expert witness testimony.
In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages to be split between them. The jury will determine the percentage of blame each defendant carries for the incident and then divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries suffered by driver of these vehicles and trucks. The process to determine if the presumption is permissive or not is complex. In general it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will be able to overcome the presumption.
