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Motor Vehicle Litigation A lawsuit is necessary in cases where liability is challenged. The defendant will then be given the opportunity to respond to the complaint. New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident the damages you incur will be reduced based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors. Duty of Care In a case of negligence the plaintiff must prove that the defendant was bound by the duty of care towards them. This duty is due to everyone, but those who operate vehicles owe an even higher duty to other people in their field. This includes ensuring that they do not cause car accidents. In courtrooms, the quality of care is determined by comparing an individual's actions against what a normal individual would do under similar circumstances. In the event of medical malpractice expert witnesses are typically required. Experts with a higher level of expertise in a particular field may be held to a higher standard of care than others in similar situations. A person's breach of their duty of care may cause harm to a victim, or their property. The victim must show that the defendant violated their duty and caused the injury or damage that they suffered. The proof of causation is an essential part of any negligence case which involves taking into consideration both the real causes of the injury damages and the proximate cause of the damage or injury. If a driver is caught running an intersection then they are more likely to be hit by another vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the crash could be a cut from bricks, which later turn into a deadly infection. Breach of Duty A breach of duty by the defendant is the second element of negligence that must be proven to win compensation in a personal injury case. A breach of duty is when the actions of the at-fault person are insufficient to what a normal person would do in similar circumstances. For instance, a doctor, has a number of professional obligations to his patients that are derived from the law of the state and licensing authorities. Drivers are bound to be considerate of other drivers and pedestrians, and respect traffic laws. If motor vehicle accident lawsuit longview violates this duty of care and causes an accident, he is liable for the injuries sustained by the victim. Lawyers can rely on the “reasonable person” standard to establish the existence of the duty of care and then prove that the defendant failed to meet that standard in his actions. It is a question of fact that the jury has to decide if the defendant complied with the standard or not. The plaintiff must also prove that the breach of duty of the defendant was the primary cause of the injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light, but that's not what caused the accident on your bicycle. The issue of causation is often challenged in a crash case by defendants. Causation In motor vehicle cases the plaintiff must prove a causal link between the breach of the defendant and their injuries. If the plaintiff suffered neck injuries in a rear-end collision, his or her attorney would argue that the collision was the cause of 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 the liability. It may be harder to establish a causal link between a negligent action and the psychological symptoms of the plaintiff. It could be the case that the plaintiff has a troubled past, has a bad relationship with their parents, or has been a user of drugs or alcohol. If you've been involved in a serious motor vehicle crash It is imperative to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have established relationships with independent physicians in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages is any monetary costs that can be easily added to calculate the sum of medical treatment, lost wages, property repair, and even future financial losses, like diminished earning capacity. New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of living can't be reduced to cash. However the damages must be proven to exist using extensive evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, other expert witness testimony. In the event of multiple defendants, courts typically use the comparative fault rule to determine the amount of damages to be divided between them. The jury must determine how much responsibility each defendant was responsible for the accident and to then divide the total amount of damages by that percentage of blame. New York law however, doesn't allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive usage applies is complex and usually only a clear showing that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.