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Motor Vehicle Litigation If the liability is challenged, it becomes necessary to make a complaint. The defendant has the right to respond to the complaint. New York follows pure comparative fault rules and, when a jury finds you to be the cause of an accident, your damages award will be reduced by your percentage of negligence. This rule does not apply to the owners of vehicles that are that are leased or rented to minors. Duty of Care In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, however individuals who get behind the wheel of a motor vehicle have a higher obligation to other people in their field of activity. This includes ensuring that they do not cause car accidents. Courtrooms evaluate an individual's behavior with what a normal person would do under the same conditions to determine an acceptable standard of care. In cases of medical malpractice, expert witnesses are usually required. Experts who are knowledgeable of a specific area may also be held to an higher standard of care than other people in similar situations. When someone breaches their duty of care, they could cause injury to the victim or their property. The victim has to show that the defendant violated their obligation and caused the damage or damages they sustained. The proof of causation is an essential element in any negligence case and requires investigating both the primary cause of the injury or damages as well as the proximate cause of the injury or damage. If a driver is caught running a stop sign, they are likely to be hit by another vehicle. If their car is damaged, they'll need to pay for repairs. The actual cause of a crash could be caused by a brick cut that develops into an infection. Breach of Duty A defendant's breach of duty is the second factor of negligence that must be proved to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault are not in line with what a reasonable person would do in similar circumstances. A doctor, for example, has a number of professional obligations to his patients. These obligations stem from laws of the state and licensing bodies. Drivers are obliged to care for other drivers and pedestrians, as well as to adhere to traffic laws. Any driver who fails to adhere to this obligation and causes an accident is responsible for the injuries of the victim. A lawyer can rely on the “reasonable person” standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant did not meet the standard in his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not. The plaintiff must also establish that the breach of duty of the defendant was the primary cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. For instance, a defendant may have been a motorist who ran a red light, but the action was not the primary cause of the crash. Because of this, causation is often contested by the defendants in cases of crash. Causation In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffered neck injuries in a rear-end accident, his or her attorney would argue that the accident was the reason for the injury. Other factors that are necessary to cause the collision, like being in a stationary car are not considered to be culpable and will not affect the jury’s determination of the cause of the accident. For psychological injuries However, the connection between an act of negligence and an victim's afflictions may be more difficult to establish. The fact that the plaintiff had a troubled childhood, poor relationship with their parents, was a user of drugs and alcohol or experienced prior unemployment could have a impact on the severity of the psychological issues suffers from following a crash, but the courts typically consider these factors as an element of the background conditions that caused the accident resulted rather than an independent reason for the injuries. If you have been in a serious motor vehicle crash It is imperative to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, as well as personal injury cases. Our lawyers have formed working relationships with independent physicians in many areas of expertise as well as experts in computer simulations and reconstruction of accident. motor vehicle accident lawsuit rancho cucamonga that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first category of damages includes all monetary costs which can easily be added up and calculated as the total amount, which includes medical treatment or lost wages, repair to property, and even the possibility of future financial loss, like diminished earning capacity. New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment can't be reduced to monetary value. However the damages must be proved to exist through extensive evidence, including deposition testimony of the plaintiff's family members and close friends, medical records, and other expert witness testimony. In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be split between them. This requires the jury to determine how much fault each defendant incurred in the incident and then divide the total damages awarded by that percentage of fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of these vehicles and trucks. The process of determining whether the presumption is permissive or not is complicated. Typically it is only a clear evidence that the owner did not grant permission for the driver to operate the vehicle will be sufficient to overturn the presumption.