Motor Vehicle Litigation If liability is contested then it is necessary to make a complaint The defendant will then have the opportunity to respond to the complaint New York has a pure comparative negligence rule This means that, if a jury finds that you are responsible for an accident the damages you incur will be reduced based on your percentage of blame There is a caveat to this rule CPLR SS 1602 excludes the owners of vehicles that 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 Most people owe this duty to everyone else, however those who sit behind the car are obligated to other people in their field of operation This includes ensuring that they do not cause accidents in motor vehicles In courtrooms the standard of care is established by comparing an individual's behavior with what a normal person would do in similar circumstances Expert witnesses are frequently required in cases involving medical malpractice People with superior knowledge in specific fields could be held to a higher standard of medical care When someone breaches their duty of care, it could cause injury to the victim or their property The victim has to prove that the defendant breached their duty of care and caused the injury or damages they sustained Causation is a key element of any negligence claim It involves proving both the proximate and actual causes of the injuries and damages If a driver is caught running an stop sign and fails to obey the stop sign, they could be struck by another vehicle If their car is damaged they will be responsible for repairs But the reason for the crash could be a cut on bricks, which later turn into a serious infection Breach of Duty A defendant's breach of duty is the second element of negligence that needs to be proven to win compensation in a personal injury case A breach of duty occurs when the actions of the at-fault party are insufficient to what a normal person would do under similar circumstances A doctor, for instance, has several professional duties to his patients that are governed by state law and licensing boards Drivers are bound to take care of other drivers as well as pedestrians, and to follow traffic laws Drivers who violate this duty and results in an accident is responsible for the victim's injuries Lawyers can use the "reasonable individuals" standard to establish that there is a duty of caution and then show that defendant did not comply with this standard in his conduct It is a question of fact that the jury has to decide whether the defendant fulfilled the standard or not The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries This can be more difficult to prove than the existence of a duty or breach A defendant could have driven through a red light, but that's not the cause of the bicycle accident Causation is often contested in case of a crash by the defendants 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 a plaintiff suffers a neck injury in a rear-end collision, his or her attorney will argue that the incident caused the injury Other factors that are needed in causing the collision such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of the liability It can be difficult to establish a causal connection between an act of negligence and the psychological issues of the plaintiff The reality that the plaintiff experienced a an unhappy childhood, a poor relationship with his or her parents, used alcohol and drugs or prior unemployment could have a influence on the severity of the psychological issues suffers following an accident, but courts typically view these elements as part of the context from which the plaintiff's accident resulted rather than an independent cause of the injuries If you have been in an accident that is serious to your vehicle, it is important to consult an experienced attorney The attorneys at Arnold amp; Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases Our lawyers have developed working relationships with independent physicians in various specialties, as well expert witnesses in computer simulations and reconstruction of accident https//vimeocom/706824794 In motor vehicle litigation, a person can seek both economic and noneconomic damages The first type of damages is the costs of monetary value that are easily added together and calculated into a total, for example, medical treatments or lost wages, repair to property, or even a future financial loss, for instance a diminished earning capacity New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount However the damages must be proven to exist using extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, other expert witness testimony In cases where there are multiple defendants, courts often use comparative fault rules to determine the amount of total damages to be split between them The jury must determine the percentage of blame each defendant has for the accident, and divide the total damages awarded by that percentage New York law however, doesn't allow this 1602 disqualifies vehicle owners from the comparative negligence rule in the event of injuries caused 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 did not have permission to operate his car will overcome it