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Motor Vehicle Litigation If liability is contested, it becomes necessary to bring a lawsuit. The defendant is entitled to respond to the Complaint. New York follows pure comparative fault rules and, in the event that a jury finds that you are responsible for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors. Duty of Care In a negligence case, the plaintiff must show that the defendant had a duty of care towards them. Nearly everyone owes this obligation to everyone else, but those who sit behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of operation. motor vehicle accident attorney gilbert includes ensuring that they don't cause accidents with motor vehicles. Courtrooms assess an individual's actions to what a typical individual would do under the same circumstances to establish what is a reasonable standard of care. Expert witnesses are frequently required in cases involving medical negligence. People with superior knowledge in the field could be held to a higher standard of treatment. A breach of a person's duty of care may cause harm to a victim or their property. The victim must show that the defendant violated their duty of care and caused the injury or damage that they suffered. Proving causation is a critical aspect of any negligence case which involves taking into consideration both the real cause of the injury or damages, as well as the causal cause of the injury or damage. If a driver is caught running an stop sign it is likely that they will be struck by another vehicle. If their car is damaged they will be responsible for repairs. The reason for the crash could be a brick cut which develops into an infection. Breach of Duty A defendant's breach of duty is the second aspect of negligence that has to be proved in order to secure compensation in a personal injury claim. A breach of duty occurs when the actions of a party who is at fault are not in line with what an average person would do in similar circumstances. A doctor, for instance, is required to perform a number of professional duties for his patients based on the law of the state and licensing boards. Drivers are required to be considerate of other drivers as well as pedestrians, and to adhere to traffic laws. If a motorist violates this duty of care and creates an accident, he is responsible for the injuries sustained by the victim. Lawyers can rely on the “reasonable person” standard to prove the existence of a duty of care and then show that the defendant did not meet the standard in his actions. The jury will determine if the defendant met or did not meet the standard. The plaintiff must also prove that the breach by the defendant was the sole cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that wasn't what caused your bicycle accident. The issue of causation is often challenged in crash cases by defendants. Causation In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. For instance, if the plaintiff sustained an injury to his neck in an accident that involved rear-ends, his or her lawyer will argue that the collision caused the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle, are not culpable, and will not affect the jury's decision on fault. It can be difficult to establish a causal relationship between a negligent act, and the psychological symptoms of the plaintiff. It could be that the plaintiff has a troubled background, a strained relationship with their parents, or has been a user of drugs or alcohol. If you've been involved in an accident involving a motor vehicle that was serious it is crucial to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent medical professionals with a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators. Damages In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can easily be added to calculate an amount, like medical expenses, lost wages, property repair and even future financial losses like a decrease in earning capacity. New York law also recognizes the right to recover non-economic damages such as the suffering of others and the loss of enjoyment, which cannot be reduced to a dollar amount. The proof of these damages is through extensive evidence like depositions of family members or friends of the plaintiff, medical records, or other expert witness testimony. In cases where there are multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the total damages awarded should be split between them. The jury has to determine the percentage of blame each defendant is accountable for the incident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 does not exempt vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of trucks or cars. The analysis to determine whether the presumption is permissive or not is complex. Most of the time, only a clear demonstration that the owner denied permission for the driver to operate the vehicle will be able to overcome the presumption.