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Motor Vehicle Litigation If liability is contested in court, it becomes necessary to bring a lawsuit. The Defendant will then have the opportunity 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 an accident, your damages award will be reduced by your percentage of negligence. This rule does not apply to owners of vehicles that are leased or rented to minors. Duty of Care In a lawsuit for negligence the plaintiff must show that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, however individuals who get behind the car have a greater obligation to the people in their area of operation. This includes ensuring that they do not cause accidents in motor vehicles. In courtrooms, the quality of care is determined by comparing an individual's behavior with what a normal person would do under similar circumstances. Expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise in a particular field can also be held to an higher standard of care than others in similar situations. If someone violates their duty of care, it may cause damage to the victim as well as their property. The victim must show that the defendant's infringement of their duty led to the harm and damages they sustained. Causation proof is a crucial aspect of any negligence claim and requires considering both the actual basis of the injury or damages, as well as the causal reason for the damage or injury. For example, if someone is stopped at a red light then it's likely that they'll be struck by another car. If motor vehicle accident lawyer st joseph is damaged, they will need to pay for repairs. However, the real cause of the crash could be a cut or bricks that later develop into a serious infection. Breach of Duty A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances. For instance, a physician has several professional obligations to his patients based on the law of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive safely and observe traffic laws. If a driver fails to comply with this duty of care and causes an accident, he is responsible for the injury suffered by the victim. A lawyer may use the “reasonable person” standard to establish the existence of a duty of care and then prove that the defendant did not satisfy the standard through his actions. It is a question of fact that the jury has to decide if the defendant fulfilled the standard or not. The plaintiff must also prove 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 could have run through a red light, however, that's not the reason for the crash on your bicycle. For this reason, causation is often challenged by the defendants in case of a crash. Causation In motor vehicle cases the plaintiff must prove that there is a causal connection between the breach by the defendant and their injuries. If the plaintiff suffered a neck injury in an accident with rear-end damage, his or her attorney would argue that the accident caused the injury. Other factors that contributed to the collision, such as being in a stationary vehicle are not culpable and will not influence the jury's determination of fault. For psychological injuries However, the connection between negligence and the affected plaintiff's symptoms can be more difficult to establish. It could be the case that the plaintiff has had a difficult past, a poor relationship with their parents, or has abused alcohol or drugs. It is crucial to consult an experienced attorney if you have been involved in a serious car accident. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in various areas of expertise as well as expert witnesses in computer simulations and accident reconstruction. Damages The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages is any monetary costs that are easily added to calculate the sum of medical treatment loss of wages, property repair and even future financial losses such as diminished earning capacity. New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment, cannot be reduced to cash. The proof of these damages is with a large amount of evidence, such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony. In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be divided between them. The jury must determine the degree of fault each defendant had for the accident, and then divide the total damages awarded by the percentage of the fault. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of those cars and trucks. The analysis to determine whether the presumption of permissiveness is complicated. In general, only a clear demonstration that the owner denied permission to the driver to operate the vehicle can be able to overcome the presumption.