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Motor Vehicle Litigation If liability is contested and the liability is disputed, it is necessary to start a lawsuit. The defendant is entitled 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 amount of damages you will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles which are rented out or leased to minors. Duty of Care In a case of negligence, the plaintiff must show that the defendant had an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the wheel of a motor vehicle have a higher obligation to others in their area of operation. This includes ensuring that there are no accidents in motor vehicles. In courtrooms, the quality of care is determined by comparing an individual's conduct with what a typical person would do under similar conditions. Expert witnesses are frequently required when cases involve medical malpractice. Experts with a higher level of expertise of a specific area may also be held to the highest standards of care than other people in similar situations. When a person breaches their duty of care, it could cause damage to the victim as well as their property. The victim has to prove that the defendant's breach of duty caused the injury and damages that they have suffered. The proof of causation is an essential element in any negligence case and involves looking at both the actual reason for the injury or damages as well as the cause of the damage or injury. If someone runs a stop sign then they are more likely to be hit by a car. If their car is damaged, they will have to pay for the repairs. The cause of the crash could be a brick cut which develops into an infection. Breach of Duty A breach of duty by the defendant is the second element of negligence that must be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions taken by the at-fault person do not match what a normal person would do in similar circumstances. A doctor, for example is a professional with a range of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Drivers are obliged to take care of other drivers as well as pedestrians, and to adhere to traffic laws. If a driver violates this duty and results in an accident is responsible for the injuries of the victim. A lawyer can use the “reasonable person” standard to establish the existence of a duty of care and then show that the defendant did not meet that standard in his actions. It is a matter of fact that the jury has to decide if the defendant complied with the standard or not. The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light however, that's not the reason for the bicycle accident. This is why causation is often contested by the defendants in cases of crash. Causation In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff suffered neck injuries as a result of a rear-end accident, his or her attorney would argue that the accident was the reason for the injury. Other elements that could have caused the collision, like being in a stationary vehicle are not culpable and will not impact the jury’s determination of the cause of the accident. For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, experimented with alcohol and drugs or previous unemployment may have some influence on the severity the psychological issues he or suffers from following an accident, however, the courts typically consider these factors as part of the context that caused the accident in which the plaintiff resulted rather than an independent cause of the injuries. If motor vehicle accident attorney sunnyvale have been in an accident involving a motor vehicle that was serious It is imperative to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent medical professionals in a range of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators. Damages In motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first category of damages encompasses all financial costs that can be easily added together and calculated as a total, such as medical treatments or lost wages, repair to property, and even financial loss, for instance a diminished earning capacity. New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of living cannot be reduced to financial value. However the damages must be proved to exist by a variety of evidence, such as deposition testimony of the plaintiff's family members and close friends, medical records, and other expert witness testimony. In cases where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages that should be divided between them. The jury must determine the amount of fault each defendant is responsible for the accident and then divide the total damages awarded by that 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 cars or trucks. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous and typically only a clear showing that the owner explicitly did not have permission to operate his vehicle will overcome it.