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Motor Vehicle LitigationIf liability is contested in court, it becomes necessary to bring a lawsuit. 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 you to be at fault for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.Duty of CareIn a negligence case the plaintiff must show that the defendant was obligated to act with reasonable care. Nearly everyone owes this obligation to everyone else, but those who are behind the driving wheel of a motorized vehicle are obligated to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in motor vehicles.Courtrooms examine an individual’s conduct with what a normal person would do under similar circumstances to establish what is a reasonable standard of care. This is why expert witnesses are often required when cases involve medical malpractice. Experts who have a greater understanding of a certain field may be held to a higher standard of care.If a person violates their duty of care, they could cause damage to the victim as well as their property. The victim must demonstrate that the defendant did not fulfill their duty of care and caused the injury or damage that they suffered. The proof of causation is an essential element in any negligence case and requires taking into consideration both the real cause of the injury or damages as well as the proximate reason for the injury or damage.If someone is driving through an intersection, they are likely to be struck by another vehicle. If their vehicle is damaged, they will need to pay for repairs. The reason for an accident could be a brick cut that develops into an infection.Breach of DutyThe second aspect of negligence is the breach of duty committed by a defendant. This must be proven in order to be awarded compensation for a personal injury claim. A breach of duty happens when the at-fault party’s actions are not in line with what a reasonable person would do in similar circumstances.For instance, a doctor has a variety of professional obligations to his patients based on state law and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws. A driver who breaches this duty and creates an accident is accountable for the victim’s injuries.A lawyer can rely on the “reasonable persons” standard to show that there is a duty of care and then show that defendant did not comply with this standard in his conduct. It is a question of fact that the jury has to decide if the defendant met the standard or not.motor vehicle accident lawyer st cloud must also establish that the breach of duty by the defendant was the proximate cause of his or her injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that wasn’t what caused the bicycle accident. Causation is often contested in a crash case by defendants.CausationIn motor vehicle cases, the plaintiff has to establish a causal connection between the defendant’s breach of duty and his or her injuries. For instance, if a plaintiff sustained an injury to the neck as a result of an accident that involved rear-ends and their lawyer could argue that the accident caused the injury. Other factors that are essential in causing the collision like being in a stationary car, are not culpable, and do not affect the jury’s decision of liability.For psychological injuries, however, the link between a negligent act and the victim’s afflictions may be more difficult to establish. It could be because the plaintiff has a turbulent past, a poor relationship with their parents, or is a user of drugs or alcohol.It is crucial to consult an experienced lawyer when you’ve been involved in a serious accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in various specialties, as well experts in computer simulations and reconstruction of accidents.DamagesIn motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages encompasses all financial costs that are easily added together and then calculated into the total amount, which includes medical expenses and lost wages, repairs to property, and even financial losses, such as loss of earning capacity.New York law also recognizes the right to recover non-economic damages, such as the suffering of others and the loss of enjoyment of life, which cannot be reduced to a dollar amount. However the damages must be established to exist with the help of extensive evidence, including deposition testimony of the plaintiff’s family members and close friends medical records, deposition testimony, and other expert witness testimony.In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine the percentage of damages award should be allocated between them. The jury will determine the amount of fault each defendant carries for the accident and then divide the total amount of damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The subsequent analysis of whether the presumption of permissiveness applies is not straightforward and usually only a convincing evidence that the owner specifically was not granted permission to operate the car will overcome it.