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Motor Vehicle Litigation If liability is contested, it becomes necessary to start a lawsuit. The Defendant will then have the opportunity to respond to the complaint. New York follows pure comparative fault rules which means that when a jury finds that you are responsible for causing the accident the damages awarded will be reduced by your percentage of negligence. There is a caveat 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 had a duty of care towards them. This duty is owed to all, but those who operate a vehicle have an even greater duty to other drivers in their field. This includes not causing accidents in motor vehicles. In courtrooms, the quality of care is determined by comparing an individual's actions with what a normal person would do in similar situations. This is why expert witnesses are frequently required in cases involving medical negligence. People with superior knowledge in particular fields may be held to a greater standard of treatment. A person's breach of their obligation of care can cause harm to a victim, or their property. The victim must show that the defendant violated their obligation and caused the damage or damage that they suffered. Proving causation is a critical aspect of any negligence case, and it involves looking at both the actual reason for the injury or damages as well as the proximate cause of the injury or damage. For instance, if a person runs a red stop sign, it's likely that they will be hit by a vehicle. If their car is damaged, they will have to pay for the repairs. The actual cause of a crash could be a brick cut that develops into an infection. Breach of Duty A defendant's breach of duty is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions of the at-fault party do not match what a normal person would do under similar circumstances. A doctor, for example is a professional with a range of professional obligations to his patients. motor vehicle accident attorney norman from the law of the state and licensing authorities. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to obey traffic laws. If a motorist violates this duty of care and creates an accident, he is accountable for the victim's injuries. A lawyer may use the “reasonable persons” standard to establish that there is a duty of caution and then demonstrate that defendant did not meet this standard in his conduct. The jury will decide if the defendant complied with or did not meet the standard. The plaintiff must also prove that the defendant's breach was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance, a defendant may have crossed a red line, however, the act wasn't the proximate cause of your bicycle crash. In this way, the causation issue is often contested by defendants in crash cases. Causation In motor vehicle-related cases, the plaintiff must establish a causal link between the breach by the defendant and their injuries. If the plaintiff sustained a neck injury in an accident with rear-end damage then his or her attorney would argue that the accident caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle is not culpable and will not impact the jury's decision on the cause of the accident. For psychological injuries However, the connection between an act of negligence and an injured plaintiff's symptoms may be more difficult to establish. The reality that the plaintiff experienced a troubles in his or her childhood, had a difficult relationship with his or her parents, used drugs and alcohol or experienced previous unemployment may have some influence on the severity of the psychological issues she suffers after an accident, but courts generally view these factors as part of the circumstances from which the plaintiff's accident occurred, rather than as an independent reason for the injuries. If you have been in a serious motor vehicle crash it is essential to speak with an experienced attorney. The attorneys 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 formed working relationships with independent medical professionals in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators. Damages In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first category of damages covers any monetary costs that can be easily added to calculate an amount, like medical expenses or lost wages, property repairs, and even future financial losses, like a diminished earning capacity. New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of living, cannot be reduced to cash. These damages must be proved through extensive evidence such as depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony. In the event of multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages to be divided between them. The jury must determine the percentage of blame each defendant is accountable for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissiveness applies is complex and typically only a clear showing that the owner was explicitly was not granted permission to operate the vehicle will be able to overcome it.