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Motor Vehicle Litigation A lawsuit is necessary when liability is in dispute. The defendant will then be given the chance to respond to the complaint. New York follows pure comparative fault rules, which means that in the event that a jury finds you to be the cause of an accident the damages awarded will be reduced by your percentage of negligence. 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 lawsuit for negligence, the plaintiff must prove that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the steering wheel of a motor vehicle are obligated to the other drivers in their zone of activity. This includes ensuring that they do not cause accidents in motor vehicles. In courtrooms, the standard of care is established by comparing the actions of an individual against what a normal individual would do in similar circumstances. This is why expert witnesses are frequently required in cases of medical malpractice. Experts who have a superior understanding in a specific field could also be held to a higher standard of care than others in similar situations. If someone violates their duty of care, it could cause harm to the victim and/or their property. The victim is then required to show that the defendant violated their duty of care and caused the injury or damage they sustained. Causation proof is a crucial aspect of any negligence case, and it involves considering both the actual causes of the injury damages as well as the cause of the injury or damage. If someone runs the stop sign then they are more likely to be struck by a vehicle. If their vehicle is damaged, they'll be accountable for the repairs. But the actual cause of the crash could be a cut on bricks that later develop into a deadly infection. Breach of Duty A defendant's breach of duty is the second element of negligence that must be proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the at-fault person are insufficient to what an ordinary person would do under similar circumstances. A doctor, for instance has a variety of professional obligations towards his patients that are derived from the law of the state and licensing authorities. Drivers have a duty to be considerate of other drivers as well as pedestrians, and to obey traffic laws. When a driver breaches this duty of care and results in an accident, he is responsible for the victim's injuries. A lawyer may use the “reasonable person” standard to establish the existence of a duty of care and then show that the defendant failed to comply with the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not. The plaintiff must also prove that the breach of duty of the defendant was the proximate cause of the injuries. This can be more difficult to prove than the existence of a duty and breach. For example, a defendant may have crossed a red line, but the action was not the primary cause of your bike crash. For motor vehicle accident lawsuit pleasanton , causation is often contested 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 defendant's breach and their injuries. If a plaintiff suffers a neck injury in a rear-end accident and his or her attorney will argue that the crash was the reason for the injury. Other elements that could have caused the collision, such as being in a stationary car are not considered to be culpable and won't affect the jury's decision on the fault. It is possible to establish a causal relationship between a negligent action and the plaintiff's psychological problems. The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with their parents, used alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological issues he or suffers from following a crash, but the courts generally view these factors as part of the context that caused the accident occurred, rather than as an independent reason for the injuries. It is essential to speak with 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 and motor vehicle accident cases. Our lawyers have formed working relationships with independent doctors in a variety of specialties, as well as experts in computer simulations and reconstruction of accident. Damages The damages that plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages is any monetary costs that can easily be added to calculate the sum of medical treatment loss of wages, property repair, and even future financial losses, like a diminished 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 cash. However these damages must be proven to exist through extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, other expert witness testimony. In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury must determine how much responsibility each defendant was at fault for the accident and then divide the total damages awarded by that percentage of the fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The resulting analysis of whether the presumption of permissive use applies is complex, and typically only a convincing evidence that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.