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Motor Vehicle Litigation A lawsuit is necessary when liability is in dispute. The defendant then has the opportunity to respond to the complaint. New York has a pure comparative negligence rule. This means that, in the event that a jury determines you to be responsible for an accident the amount of damages you will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors. Duty of Care In a negligence case the plaintiff must show that the defendant was obligated to act with reasonable care. This duty is owed to everyone, but those who operate a vehicle owe an even greater obligation to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles. In courtrooms the quality of care is determined by comparing an individual's actions to what a normal person would do under similar conditions. This is why expert witnesses are frequently required when cases involve medical malpractice. Experts who have a greater understanding of a certain field may be held to a greater standard of care. If a person violates their duty of care, they could cause injury to the victim or their property. The victim then has to prove that the defendant breached their duty and caused the injury or damage they sustained. Proving causation is a critical aspect of any negligence case and requires investigating both the primary basis of the injury or damages and the proximate cause of the injury or damage. If a person is stopped at a stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their car is damaged, they'll have to pay for the repairs. The reason for an accident could be a brick cut that develops into an infection. Breach of Duty The second element of negligence is the breach of duty committed by an individual defendant. This must be proven in order to be awarded compensation in a personal injury case. A breach of duty is when the actions taken by the at-fault person fall short of what a normal person would do under similar circumstances. A doctor, for example is a professional with a range of professional obligations towards his patients. These professional obligations stem from state law and licensing bodies. Drivers are required to protect other motorists and pedestrians, and respect traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries sustained by the victim. A lawyer can rely on the “reasonable person” standard to establish the existence of a duty of care and then demonstrate that the defendant did not satisfy the standard through his actions. It is a matter of fact that the jury has to decide whether the defendant fulfilled the standard or not. The plaintiff must also establish that the breach of duty by the defendant was the proximate cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. For instance it is possible that a defendant been a motorist who ran a red light, but the action wasn't the main reason for your bicycle crash. The issue of causation is often challenged in case of a crash by the defendants. Causation In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers an injury to the neck in a rear-end collision, his or her attorney would argue that the collision caused the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not impact the jury's determination of the fault. It is possible to establish a causal link between a negligent act, and the plaintiff's psychological symptoms. The reality that the plaintiff experienced a a troubled childhood, poor relationship with his or her parents, was a user of alcohol and drugs or had previous unemployment may have some impact on the severity of the psychological problems he or she suffers after a crash, but the courts generally view these factors as part of the background circumstances that led to the accident from which the plaintiff's injury resulted rather than an independent reason for the injuries. If you've been involved in a serious motor vehicle accident it is crucial to consult an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accidents as well as business and commercial litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent doctors across a variety of specialties as well as expert witnesses in accidents reconstruction and computer simulations, and with private investigators. Damages The damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages is all costs that can be easily added together and calculated into a total, such as medical treatments and lost wages, repairs to property, and even future financial loss, such diminished earning capacity. New York law also recognizes the right to recover non-economic damages, including the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However these damages must be proven to exist using extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony. In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages that must be divided between them. motor vehicle accident lawsuit san angelo requires the jury to determine how much fault each defendant incurred in the accident, and then divide the total damages award by the percentage of blame. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The process of determining whether the presumption is permissive or not is complex. Most of the time, only a clear demonstration that the owner was not able to grant permission for the driver to operate the vehicle can overrule the presumption.