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Motor Vehicle Litigation If the liability is challenged then it is necessary to start a lawsuit. The Defendant has the right to respond to the Complaint. New York follows pure comparative fault rules, which means that if the jury finds you to be the cause of the accident the amount of damages awarded will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors. Duty of Care In a negligence case, the plaintiff must prove that the defendant had the duty of care towards them. This duty is due to all, but those who operate vehicles owe an even greater obligation to other people in their field. This includes ensuring that they do not cause accidents with motor vehicles. In courtrooms the standards of care are determined by comparing the actions of an individual to what a normal person would do in similar conditions. In cases of medical malpractice experts are typically required. People who have superior knowledge in a particular field can be held to an higher standard of care than other individuals in similar situations. A breach of a person's duty of care could cause harm to a victim or their property. The victim must show that the defendant violated their obligation and caused the damage or damages they sustained. Causation is a key element of any negligence claim. It involves proving both the actual and proximate causes of the damages and injuries. If someone runs an intersection, they are likely to be hit by a car. If their vehicle is damaged, they'll have to pay for the repairs. The cause of a crash could be caused by a brick cut that develops into an infection. Breach of Duty The second element of negligence is the breach of duty by an individual defendant. It must be proven for compensation for a personal injury claim. A breach of duty occurs when the actions of the party at fault fall short of what an average person would do in similar circumstances. For instance, a doctor has several professional duties to his patients that are governed by laws of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, and to follow traffic laws. Any driver who fails to adhere to this duty and creates an accident is accountable for the victim's injuries. Lawyers can use the “reasonable persons” standard to demonstrate that there is a duty to be cautious and then show that the defendant did not adhere to this standard with his actions. It is a question of fact that the jury has to decide if the defendant fulfilled 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 is more difficult to prove this than a breach of duty. A defendant could have driven through a red light but that's not the cause of the crash on your bicycle. Causation is often contested in crash cases by defendants. Causation In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and their injuries. For example, if the plaintiff suffered neck injuries as a result of a rear-end collision and their lawyer could argue that the accident caused the injury. Other factors that are necessary to produce the collision, like being in a stationary car, are not culpable, and do not affect the jury's decision of liability. It can be difficult to establish a causal relationship between a negligent act and the plaintiff's psychological symptoms. It could be the case that the plaintiff has a turbulent background, a strained relationship with their parents, or has used alcohol or drugs. It is essential to speak with an experienced lawyer when you've been involved in a serious motor vehicle accident. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors with a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations as well as with private investigators. Damages The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first category of damages encompasses all monetary costs which can be easily added together and then calculated into an overall amount, including medical expenses or lost wages, repair to property, and even financial loss, such loss of earning capacity. New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of living are not able to be reduced to financial value. However these damages must be proved to exist using extensive evidence, including deposition testimony from the plaintiff's close friends and family members, medical records, and other expert witness testimony. In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages award should be allocated between them. The jury will determine the percentage of fault each defendant carries for the accident, and divide the total amount of damages awarded by the same percentage. However, motor vehicle accident lawyer tracy excludes vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars. The subsequent analysis of whether the presumption that permissive use applies is not straightforward and typically only a clear showing that the owner specifically was not granted permission to operate the vehicle will overcome it.