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Motor Vehicle Litigation If the liability is challenged and the liability is disputed, it is necessary to bring a lawsuit. 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 and you are found to be at fault, your damages will be reduced according to your percentage of blame. This rule is not applicable to the owners of vehicles that are rented out or leased to minors. Duty of Care In a negligence case the plaintiff must demonstrate that the defendant owed them a duty to act with reasonable care. This duty is due to all, but those who operate a vehicle owe an even greater duty to other drivers in their field. This includes not causing accidents in motor vehicles. Courtrooms assess an individual's actions to what a typical individual would do under the same circumstances to establish what is an acceptable standard of care. Expert witnesses are often required when cases involve medical malpractice. People with superior knowledge in particular fields may be held to a greater standard of treatment. A breach of a person's obligation of care can cause harm to a victim or their property. The victim must establish that the defendant's breach of their duty caused the damage and injury they have suffered. The proof of causation is an essential aspect of any negligence claim which involves considering both the actual basis 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 hit by another vehicle. If their car is damaged, they'll need to pay for repairs. But the reason for the accident could be a cut on bricks, which later turn into a potentially dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty by a defendant. It must be proven in order to be awarded compensation in a personal injury case. A breach of duty is when the actions taken by the person who is at fault fall short of what a normal person would do under similar circumstances. For instance, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers are bound to protect other motorists as well as pedestrians, and to obey traffic laws. If a driver fails to comply with this duty of care and creates an accident, he is accountable for the injuries suffered by the victim. Lawyers can use the “reasonable persons” standard to show that there is a duty of prudence and then show that the defendant did not meet this standard in his actions. It is a question of fact for the jury to decide if the defendant fulfilled the standard or not. The plaintiff must also establish that the breach of duty by the defendant was the proximate cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not what caused the accident on your bicycle. This is why causation is frequently disputed by defendants in crash cases. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If a plaintiff suffers a neck injury in a rear-end collision, his or her attorney will argue that the incident was the cause of the injury. Other factors that are needed in causing the collision such as being in a stationary vehicle, are not culpable, and do not affect the jury's decision of the liability. It could be more difficult to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. The fact that the plaintiff suffered from a an unhappy childhood, a poor relationship with his or her parents, abused alcohol and drugs or had prior unemployment could have a influence on the severity the psychological issues suffers following an accident, however, the courts generally view these factors as an element of the background conditions that led to the accident from which the plaintiff's injury arose rather than an independent cause of the injuries. If you have been in an accident involving a motor vehicle that was serious it is crucial to consult with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation, and motor vehicle crash cases. Our lawyers have formed working relationships with independent physicians in a wide range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators. Damages In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages includes any monetary costs that are easily added to calculate the sum of medical expenses or lost wages, property repair and even future financial losses, like a diminished earning capacity. New York law also recognizes the right to recover non-economic damages, including suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. These damages must be proved with a large amount of evidence, such as depositions of family members and friends of the plaintiff, medical records, or other expert witness testimony. In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be divided between them. This requires the jury to determine how much fault each defendant was responsible for the accident and then divide the total amount of damages by the percentage of the fault. New York law however, doesn't allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. motor vehicle accident attorneys mississippi of determining whether the presumption is permissive is complex. In general, only a clear demonstration that the owner denied permission for the driver to operate the vehicle will be able to overcome the presumption.