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Motor Vehicle Litigation A lawsuit is necessary when liability is contested. The Defendant will then have the opportunity to respond to the complaint. New York has a pure comparative negligence rule. This means that, if a jury finds you to be at fault for an accident the damages you incur will be reduced according to your percentage of blame. This rule does not apply to the owners of vehicles that are rented out or leased to minors. Duty of Care In a case of negligence, the plaintiff must show that the defendant was bound by a duty of care towards them. This duty is owed to everyone, but people who operate vehicles owe an even higher duty to others in their field. This includes ensuring that they do not cause motor vehicle accidents. Courtrooms assess an individual's actions with what a normal person would do under similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are frequently required in cases involving medical malpractice. Experts with a superior understanding of particular fields may be held to a greater standard of treatment. A person's breach of their obligation of care can cause harm to the victim or their property. The victim has to demonstrate that the defendant's violation of their duty led to the harm and damages they have suffered. Causation is an essential element of any negligence claim. It involves proving the primary and secondary causes of the injury and damages. For instance, if someone runs a red light then it's likely that they'll be struck by another 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 committed by the defendant. The breach of duty must be proved in order to obtain compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault party are not in line with what an ordinary person would do in similar circumstances. A doctor, for instance has many professional obligations to his patients. These obligations stem from state law and licensing bodies. Drivers are obliged to be considerate of other drivers and pedestrians, and to obey traffic laws. If a driver fails to comply with this duty of care and results in an accident, he is responsible for the injury suffered by the victim. A lawyer may use the “reasonable persons” standard to show that there is a duty of caution and then demonstrate that defendant failed to meet this standard in his conduct. It is a question of fact for the jury to decide whether the defendant fulfilled the standard or not. The plaintiff must also prove that the breach of duty of the defendant was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that's not the cause of the accident on your bicycle. The issue of causation is often challenged in crash cases by defendants. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff suffered a neck injury in a rear-end accident then his or her attorney would argue that the collision caused the injury. Other factors that are essential in causing the collision like being in a stationary vehicle are not culpable, and do not affect the jury's determination of the liability. It can be difficult to establish a causal connection between an act of negligence and the plaintiff's psychological symptoms. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with his or her parents, experimented with drugs and alcohol or experienced prior unemployment could have a influence on the severity the psychological issues suffers following a crash, but the courts typically view these elements as part of the circumstances from which the plaintiff's accident arose rather than an independent cause of the injuries. If you've been involved in an accident involving a motor vehicle that was serious It is imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent physicians in various specialties, as well experts in computer simulations as well as reconstruction of accidents. Damages In motor vehicle litigation, a person can seek 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 expenses and lost wages, property repairs, and even future financial losses, like diminished earning capacity. motor vehicle accident law firm fremont recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life cannot be reduced to money. However, these damages must be established to exist by a variety of evidence, including deposition testimony from plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony. In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be split between them. The jury must determine the percentage of blame each defendant carries for the incident and then divide the total damages awarded by that percentage. New York law however, does not allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries suffered by drivers of cars or trucks. The resulting analysis of whether the presumption of permissive use is applicable is a bit nebulous and typically only a convincing evidence that the owner specifically did not have permission to operate his car will overcome it.