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Motor Vehicle LitigationA lawsuit is necessary when liability is contested. The defendant is entitled 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 the crash the damages awarded to you will be reduced by the percentage of negligence. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.Duty of CareIn a negligence suit, the plaintiff must prove that the defendant was obligated to act with reasonable care. This duty is due to everyone, but those who operate a vehicle have an even greater obligation to others in their field. This includes not causing motor vehicle accidents.In courtrooms, the standard of care is established by comparing an individual’s conduct with what a typical person would do in similar situations. In cases of medical malpractice, expert witnesses are usually required. Experts with more experience in specific fields could be held to a greater standard of medical care.A breach of a person’s obligation of care can cause injury to a victim or their property. The victim has to prove that the defendant breached their obligation and caused the damage or damages they suffered. Causation is a key element of any negligence claim. It requires proving both the actual and proximate causes of the injuries and damages.For instance, if someone has a red light, it’s likely that they will be hit by a car. If their vehicle is damaged, they’ll need to pay for repairs. The cause of the crash could be a fracture in the brick that leads to an infection.Breach of DutyThe second element of negligence is the breach of duty committed by the defendant. This must be proven in order to be awarded compensation for personal injury claims. A breach of duty is when the actions taken by the person at fault are not in line with what a normal person would do in similar circumstances.A doctor, for instance has many professional obligations to his patients. These obligations stem from the law of the state and licensing bodies. Motorists owe a duty of care to other motorists and pedestrians to be safe and follow traffic laws. If a driver violates this duty of care and causes an accident, he is responsible for the injury suffered by the victim.Lawyers can use the “reasonable persons” standard to demonstrate that there is a duty of caution and then show that defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide whether the defendant met the standard or not.The plaintiff must also prove that the breach of duty by the defendant was the sole cause of the plaintiff’s injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have run through a red light, but that’s not the cause of the accident on your bicycle. For this reason, the causation issue is often contested by the defendants in case of a crash.CausationIn motor vehicle accidents, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. For example, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends and his or her lawyer would argue that the accident caused the injury. Other factors that are needed to produce the collision, such as being in a stationary vehicle are not culpable and do not affect the jury’s decision of the liability.For psychological injuries, however, the link between a negligent act and the victim’s afflictions may be more difficult to establish. The reality that the plaintiff experienced a an uneasy childhood, a bad relationship with his or her parents, experimented with alcohol and drugs or previous unemployment may have some influence on the severity the psychological problems he or suffers from following an accident, however, the courts typically view these elements as part of the background circumstances that caused the accident in which the plaintiff occurred, rather than as an independent cause of the injuries.If you’ve been involved in a serious motor vehicle crash it is crucial to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents as well as business and commercial litigation, and personal injury cases. Our lawyers have developed relationships with independent physicians in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.DamagesIn motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. motor vehicle accident attorneys pennsylvania of damages covers all financial costs that can easily be added up and summed up into a total, such as medical treatments or lost wages, repair to property, and even the possibility of future financial loss, like the loss of earning capacity.New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment of life, cannot be reduced to monetary value. These damages must be established with a large amount of evidence, such as depositions of family members and friends of the plaintiff or medical records, or 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 divided between them. The jury has to determine the proportion of fault each defendant is responsible for the incident and then divide the total damages awarded by the percentage. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule when it comes to injuries suffered by driver of the vehicles. The process of determining whether the presumption is permissive is complex. The majority of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle will overcome the presumption.