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Motor Vehicle Litigation A lawsuit is necessary when liability is in dispute. The defendant has the right to respond to the complaint. New York has a pure comparative negligence rule. This means that, should a jury find that you are responsible for an accident, your damages will be reduced according to your percentage of fault. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors. Duty of Care In a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, but those who are behind the wheel of a motor vehicle have a higher obligation to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in motor vehicles. Courtrooms compare an individual's actions to what a typical person would do under the same circumstances to determine a reasonable standard of care. In the event of medical malpractice expert witnesses are typically required. Experts with a higher level of expertise in a particular field can be held to an even higher standard of care than other people in similar situations. A breach of a person's duty of care could cause harm to the victim or their property. The victim has to prove that the defendant breached their duty and caused the harm or damages they suffered. Causation is an important part of any negligence claim. It requires proof of both the actual and proximate causes of the damages and injuries. For instance, if someone has a red light, it's likely that they'll be struck by another car. If their vehicle is damaged, they'll be accountable for repairs. But the actual cause of the accident could be a cut on a brick that later develops into a potentially dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty committed by an individual defendant. It must be proven in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the person who is at fault are not in line with what a normal person would do under similar circumstances. For motor vehicle accident attorney layton , a doctor has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. When a driver breaches this obligation of care and results in an accident, the driver is liable for the injury suffered by the victim. A lawyer can use “reasonable people” standard to demonstrate that there is a duty of care and then show that defendant did not adhere to the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard. The plaintiff must also prove that the breach by the defendant was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that's not what caused your bicycle accident. In this way, the causation issue is often contested by defendants in collision cases. Causation In motor vehicle accidents, the plaintiff must establish that there is a causal connection between the breach of the defendant and the injuries. For instance, if the plaintiff suffered neck injuries as a result of an accident that involved rear-ends, his or her lawyer would argue that the accident caused the injury. Other factors that contributed to the collision, like being in a stationary vehicle are not considered to be culpable and will not influence the jury's decision to determine the cause of the accident. For psychological injuries However, the connection between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a turbulent past, has a difficult relationship with their parents, or has abused drugs or alcohol. It is crucial to consult an experienced lawyer when you've been involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in a variety of areas of expertise as well as expert witnesses in computer simulations and reconstruction of accidents. Damages The damages that plaintiffs can claim in motor vehicle litigation can include both economic and non-economic damages. The first type of damages encompasses all monetary costs which can easily be added up and calculated as the total amount, which includes medical treatment and lost wages, repairs to property, and even financial loss, like the loss of earning capacity. New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life are not able to be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony. In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages that must be divided between them. The jury must determine the amount of fault each defendant carries for the incident, and divide the total damages awarded by the same percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complicated and usually only a clear showing that the owner was explicitly refused permission to operate the car will be sufficient to overcome it.