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Motor Vehicle LitigationWhen a claim for liability is litigated in court, it becomes necessary to make a complaint. The defendant has the right 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 damages you incur will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are rented out or leased to minors.Duty of CareIn a lawsuit for negligence the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who take the wheel of a motor vehicle have an even higher duty to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles.Courtrooms assess an individual’s actions to what a typical person would do under the same circumstances to establish what is a reasonable standard of care. This is why expert witnesses are frequently required in cases of medical malpractice. People who have superior knowledge of a specific area may be held to a higher standard of care than other people in similar situations.When someone breaches their duty of care, it may cause harm to the victim and/or their property. The victim must prove that the defendant acted in breach of their duty and caused the injury or damage that they suffered. Causation is a crucial element of any negligence claim. It requires proving both the actual and proximate causes of the damage and injury.For instance, if a driver runs a red stop sign there is a good chance that they’ll be hit by a car. If their car is damaged, they’ll have to pay for the repairs. However, the real cause of the accident could be a cut in a brick that later develops into a potentially dangerous infection.Breach of DutyThe second element of negligence is the breach of duty by a defendant. It must be proven in order to be awarded compensation for personal injury claims. A breach of duty occurs when the actions of a party who is at fault fall short of what a reasonable person would do in similar circumstances.For instance, a physician has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Drivers are required to care for other drivers and pedestrians, and adhere to traffic laws. If a motorist violates this duty of care and results in an accident, he is responsible for the victim’s injuries.A lawyer can use the “reasonable person” standard to prove the existence of an obligation of care. The lawyer must then demonstrate that the defendant did not meet the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.The plaintiff must also establish that the breach of duty of the defendant was the proximate cause of his or her injuries. This is sometimes more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light, however, that’s not the reason for the accident on your bicycle. Causation is often contested in cases of crash by defendants.CausationIn motor vehicle-related cases, the plaintiff must prove a causal link between breach of the defendant and their injuries. For example, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends the lawyer would argue that the collision caused the injury. Other factors that are essential in causing the collision such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury’s decision of the liability.For psychological injuries However, the connection between a negligent act and the injured plaintiff’s symptoms could be more difficult to establish. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with their parents, used alcohol and drugs, or suffered prior unemployment could have a influence on the severity the psychological issues he or suffers from following an accident, however, the courts typically view these elements as part of the context that led to the accident from which the plaintiff’s injury resulted rather than an independent cause of the injuries.If you have been in an accident that is serious to your vehicle it is crucial to consult with an experienced attorney. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors in many specialties, as well as experts in computer simulations and accident reconstruction.DamagesIn motor vehicle litigation, a plaintiff may get both economic and non-economic damages. motor vehicle accident attorneys tucson of damages includes all costs that are easily added together and calculated as an overall amount, including medical treatment or lost wages, repair to property, and even the possibility of future financial loss, like a diminished earning capacity.New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment of life which cannot be reduced to a dollar amount. However the damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff’s family members and close friends medical records, deposition testimony, and other expert witness testimony.In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be divided between them. This requires the jury to determine how much responsibility each defendant was at fault for the incident and then divide the total damages award by that percentage of fault. New York law however, does not allow this. 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is complex, and typically only a clear proof that the owner was explicitly was not granted permission to operate the car will be sufficient to overcome it.