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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 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 based on 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 CareIn a case of negligence the plaintiff has to prove that the defendant owed a duty of care towards them. motor vehicle accident lawsuit california owe this duty to everyone else, however those who sit behind the steering wheel of a motor vehicle have a higher obligation to the people in their area of operation. This includes ensuring that they do not cause motor vehicle accidents.In courtrooms, the standards of care are determined by comparing the actions of an individual with what a typical person would do in similar conditions. In the event of medical malpractice expert witnesses are typically required. Experts who have a greater understanding of particular fields may be held to a higher standard of care.When a person breaches their duty of care, they could cause harm to the victim and/or their property. The victim must then establish that the defendant’s breach of their duty caused the harm and damages they suffered. Causation is a crucial element of any negligence claim. It involves proving the primary and secondary causes of the damage and injury.For example, if someone has a red light there is a good chance that they will be hit by another car. If their vehicle is damaged, they will have to pay for the repairs. The reason for the crash might be a cut in a brick that later develops into a deadly infection.Breach of DutyA defendant’s breach of duty is the second element of negligence that needs to be proved to obtain compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault party are insufficient to what an ordinary person would do under similar circumstances.For example, a doctor has several professional duties to his patients, arising from the law of the state and licensing boards. Drivers are bound to care for other drivers and pedestrians, and to follow traffic laws. If a motorist violates this obligation of care and causes an accident, he is accountable for the injury suffered by the victim.A lawyer can rely on the “reasonable persons” standard to establish that there is a duty of caution and then prove that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not.The plaintiff must also prove that the defendant’s negligence was the direct cause of the plaintiff’s injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that’s not the cause of the bicycle accident. The issue of causation is often challenged in cases of crash by defendants.CausationIn motor vehicle cases, the plaintiff must establish a causal link between the defendant’s breach of duty and their injuries. For instance, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends the lawyer might claim that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary car, are not culpable and do not affect the jury’s determination 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 reality that the plaintiff experienced a an unhappy childhood, a poor relationship with his or her parents, used alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological problems he or is suffering from following an accident, but courts typically look at these factors as part of the circumstances that led to the accident from which the plaintiff’s injury resulted rather than an independent reason for the injuries.It is important to consult an experienced attorney in the event that you’ve been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience 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 in a variety of specialties as well as experts in computer simulations and reconstruction of accidents.DamagesThe damages that plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first category of damages is any monetary expenses that can be easily added to calculate a total, for example, medical treatment, lost wages, property repair, and even future financial losses, such as diminished earning capacity.New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment can’t be reduced to monetary value. These damages must be established by a wide array of evidence, including depositions of family members or friends of the plaintiff medical records, depositions, or other expert witness testimony.In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be split between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident and then divide the total damages awarded by the percentage of the fault. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in the event of injuries caused by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward, and typically only a clear showing that the owner specifically did not have permission to operate his vehicle will be able to overcome it.