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Motor Vehicle Litigation When a claim for liability is litigated, it becomes necessary to file a lawsuit. The defendant is entitled to respond to the complaint. New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be at fault for an accident the amount of damages you will be reduced based on your percentage of blame. 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 show that the defendant had the duty of care toward them. This duty is owed to all people, however those who operate a vehicle owe an even higher duty to other people in their field. This includes ensuring that they do not cause car accidents. Courtrooms examine an individual's conduct to what a typical person would do in similar circumstances to determine what constitutes a reasonable standard of care. Expert witnesses are frequently required in cases involving medical negligence. Experts with more experience in a certain field may be held to a greater standard of care. A person's breach of their duty of care could cause injury to a victim or their property. motor vehicle accident lawsuit wichita falls must prove that the defendant acted in breach of their obligation and caused the damage or damage they sustained. Proving causation is an essential part of any negligence case and requires investigating both the primary basis of the injury or damages, as well as the causal reason for the injury or damage. If a person is stopped at the stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they will be required to pay for repairs. The real cause of an accident could be a brick cut that causes an infection. Breach of Duty The second element of negligence is the breach of duty committed by an individual defendant. It must be proven in order to obtain compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault fall short of what a normal person would do under similar circumstances. For example, a doctor has several professional duties to his patients, arising from laws of the state and licensing boards. Drivers are required to be considerate of other drivers as well as pedestrians, and to follow traffic laws. Drivers who violate this duty and causes an accident is accountable for the injuries sustained by the victim. A lawyer can use “reasonable individuals” standard to show that there is a duty of care and then show that the defendant did not meet this standard in his conduct. The jury will determine if the defendant met or did not meet the standard. The plaintiff must also demonstrate that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light but that wasn't what caused your bicycle accident. This is why causation is often contested by defendants in crash cases. Causation In motor vehicle-related cases, the plaintiff must establish a causal link between the breach of the defendant and their injuries. If a plaintiff suffers neck injuries as a result of an accident that involved rear-end collisions and his or her attorney will argue that the incident was the cause of the injury. Other factors that are essential to cause the collision, such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of the liability. For psychological injuries However, the connection between negligence and the affected plaintiff's symptoms can be more difficult to establish. It could be because the plaintiff has a rocky past, a poor relationship with their parents, or has used alcohol or drugs. If you've been involved in a serious motor vehicle crash it is essential to consult an experienced attorney. The lawyers 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 in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages The damages that a plaintiff may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages covers any monetary expenses that can be easily added to calculate the sum of medical expenses and lost wages, property repair and even future financial losses like a decrease in earning capacity. New York law recognizes that non-economic damages, such as suffering and pain, and loss of enjoyment of life are not able to be reduced to money. However the damages must be proved to exist through extensive evidence, such as deposition testimony of the plaintiff's family members and close friends, medical records, and other expert witness testimony. In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages award should be allocated between them. The jury must determine the amount of fault each defendant is accountable for the incident, and divide the total damages awarded by the percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The resulting analysis of whether the presumption of permissiveness applies is not straightforward and usually only a clear proof that the owner has explicitly denied permission to operate the car will be sufficient to overcome it.