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Motor Vehicle Litigation If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The Defendant will then have the opportunity to respond to the complaint. New York follows pure comparative fault rules, which means that should a jury find you to be the cause of a crash, your damages award will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors. Duty of Care In a negligence case, the plaintiff must prove that the defendant had a duty of care towards them. This duty is owed to all people, however those who operate a vehicle owe an even greater duty to other people in their field. This includes ensuring that they don't cause motor vehicle accidents. In courtrooms the standard of care is determined by comparing an individual's actions with what a typical person would do under similar circumstances. Expert witnesses are often required in cases involving medical malpractice. Experts who have a greater understanding of specific fields could be held to a higher standard of care. A breach of a person's duty of care can cause harm to the victim or their property. The victim must then demonstrate that the defendant's violation of their duty led to the injury and damages that they suffered. Causation is an essential element of any negligence claim. It involves proving the proximate and real causes of the injury and damages. For example, if someone runs a red light then it's likely that they'll be hit by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. The reason for a crash could be a brick cut that 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 at-fault person are not in line with what an ordinary person would do in similar circumstances. A doctor, for instance has many professional obligations towards his patients. These obligations stem from the law of the state and licensing bodies. Drivers are required to protect other motorists as well as pedestrians, and to follow traffic laws. A driver who breaches this obligation and causes an accident is responsible for the victim's injuries. A lawyer can rely on the “reasonable people” standard to demonstrate that there is a duty of caution and then show that defendant failed to meet this 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 establish that the breach of duty of the defendant was the primary cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red line, however, the act wasn't the main cause of your bicycle crash. In this way, causation is often contested by defendants in collision cases. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision the attorney for the plaintiff would argue that the accident was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car is not culpable and won't affect the jury's decision to determine fault. For psychological injuries However, the connection between negligence and the victim's afflictions may be more difficult to establish. The fact that the plaintiff had an unhappy childhood, a poor relationship with their parents, abused alcohol and drugs, or suffered prior unemployment could have a bearing on the severity of the psychological issues she suffers after a crash, but the courts typically view these elements as part of the background circumstances from which the plaintiff's accident was triggered, not as a separate cause of the injuries. If you have been in an accident that is serious to your vehicle it is essential to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent medical professionals in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators. Damages In motor vehicle litigation, a plaintiff could be able to recover both economic and noneconomic damages. The first category of damages is any monetary costs that can be easily added to calculate a total, for example, medical treatment or lost wages, property repairs, and even future financial losses, like a diminished earning capacity. New York law recognizes that non-economic damages, like pain and suffering, and loss of enjoyment cannot be reduced to financial value. The damages must be proven through extensive evidence such as depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony. In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be divided between them. This requires the jury to determine how much fault each defendant was at fault for 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 the event of injuries caused by drivers of cars or trucks. The process to determine if the presumption of permissiveness is complex. motor vehicle accident attorney upland of the time it is only a clear evidence that the owner was not able to grant permission to the driver to operate the vehicle can overrule the presumption.