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Motor Vehicle LitigationWhen a claim for liability is litigated, it becomes necessary to make a complaint. The defendant is entitled to respond to the complaint.New York follows pure comparative fault rules, which means that if the jury finds you to be the cause of the crash, your damages award will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are that are rented or leased out to minors.Duty of CareIn a negligence case, the plaintiff has to prove that the defendant had a duty of care towards them. Most people owe this duty to everyone else, however those who sit behind the driving wheel of a motorized vehicle have a greater obligation to others in their area of operation. This includes ensuring that they don’t cause car accidents.Courtrooms examine an individual’s conduct with what a normal person would do under similar conditions to determine an acceptable standard of care. This is why expert witnesses are often required in cases of medical malpractice. Experts with a superior understanding of specific fields could be held to a higher standard of care.When someone breaches their duty of care, it can cause injury to the victim or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the harm or damage that they suffered. Proving causation is an essential part of any negligence case, and it involves investigating both the primary reason for the injury or damages and the proximate reason for the injury or damage.For instance, if a person runs a red light then it’s likely that they will be hit by another car. If their vehicle is damaged, they’ll need to pay for repairs. The reason for a crash could be caused by a brick cut that develops into an infection.Breach of DutyThe second aspect of negligence is the breach of duty committed by the defendant. This must be proven in order to receive compensation for personal injury claims. A breach of duty occurs when the actions of the person at fault do not match what reasonable people would do in similar circumstances.For instance, a doctor has a variety of professional duties towards his patients that are derived from state law and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. If a driver violates this duty and causes an accident is responsible for the injuries of the victim.motor vehicle accident attorneys fremont may use the “reasonable person” standard to establish the existence of a duty of care and then show that the defendant did not meet that standard in his actions. It is a question of fact that the jury has to decide whether the defendant fulfilled the standard or not.The plaintiff must also prove that the defendant’s negligence was the direct cause of the plaintiff’s injuries. It is more difficult to prove this than a breach of duty. A defendant could have run through a red light however, that’s not the reason for the accident on your bicycle. Causation is often contested in case of a crash by the defendants.CausationIn motor vehicle cases, the plaintiff must establish a causal connection between the defendant’s breach of duty and their injuries. If the plaintiff suffered neck injuries in an accident that involved rear-end collisions, his or her attorney would argue that the accident caused the injury. Other factors that are needed to produce the collision, like being in a stationary vehicle are not culpable and will not affect the jury’s decision of liability.It can be difficult to establish a causal connection between a negligent act, and the plaintiff’s psychological problems. The fact that the plaintiff suffered from a an uneasy childhood, a bad relationship with his or her parents, experimented with alcohol and drugs or had previous unemployment may have some influence on the severity of the psychological issues he or suffers following an accident, however, the courts typically view these elements as part of the background circumstances 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. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, and motor vehicle crash cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties and expert witnesses in accident reconstruction and computer simulations, and with private investigators.DamagesThe damages plaintiffs can claim in a motor vehicle case include both economic and non-economic damages. The first type of damages includes any monetary costs that are easily added up and calculated as an amount, like medical treatment or lost wages, property repair, and even future financial losses, like diminished earning capacity.New York law also recognizes the right to seek non-economic damages, including the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. The proof of these damages is through extensive evidence such as depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony.In the event of multiple defendants, courts will often use comparative fault rules to determine the amount of total damages to be split between them. The jury must determine the percentage of blame each defendant is accountable for the accident, and divide the total amount of damages awarded by that percentage. New York law however, does not permit this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by drivers of these trucks and cars. The analysis to determine whether the presumption is permissive or not is complicated. In general it is only a clear evidence that the owner did not grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.