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Motor Vehicle Litigation A lawsuit is necessary when liability is in dispute. The defendant has the right to respond to the Complaint. New York follows pure comparative fault rules which means that should a jury find you responsible for an accident, your damages award will be reduced by the percentage of negligence. This rule is not applicable to owners of vehicles rented out or leased to minors. Duty of Care In a case of negligence, the plaintiff must show that the defendant owed a duty of care towards them. Nearly everyone owes this obligation to everyone else, however those who take the driving wheel of a motorized vehicle have an even higher duty to other people in their field of activity. This includes not causing accidents in motor vehicles. In courtrooms, the standards of care are determined by comparing an individual's conduct with what a typical person would do in the same circumstances. This is why expert witnesses are often required in cases involving medical malpractice. Experts with more experience in the field could be held to a higher standard of medical care. A person's breach of their obligation of care can cause injury to a victim or their property. The victim has to prove that the defendant breached their duty and caused the injury or damage that they suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and real causes of the injury and damages. For instance, if a driver runs a red light then it's likely that they'll be struck by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. The reason for the accident could be a cut or the brick, which then develops into a potentially dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty committed by the defendant. This must be proved for compensation for personal injury claims. 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 in similar circumstances. A doctor, for example has a variety of professional obligations towards his patients that are derived from state law and licensing bodies. Motorists have a duty of care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this obligation of care and results in an accident, the driver is liable for the injury suffered by the victim. Lawyers can rely on the “reasonable person” standard to establish the existence of an obligation of care. The lawyer must then show that the defendant did not meet that 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 of the defendant was the primary cause for his or her injuries. This is sometimes more difficult to prove than the existence of a duty and breach. For example the defendant could have been a motorist who ran a red light, but his or her action wasn't the proximate cause of your bike crash. The issue of causation is often challenged in a crash case by defendants. Causation In motor vehicle accidents, the plaintiff must establish an causal link between breach by the defendant and their injuries. If the plaintiff sustained an injury to the neck in an accident with rear-end damage the attorney for the plaintiff will argue that the incident was the cause of the injury. Other elements that are required for the collision to occur, such as being in a stationary vehicle are not culpable and will not affect the jury's decision of the liability. It could be more difficult to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. The fact that the plaintiff has a an unhappy childhood, a poor relationship with their parents, used alcohol and drugs or previous unemployment may have some impact on the severity of the psychological problems he or she suffers after an accident, but courts typically look at these factors as an element of the background conditions that led to the accident from which the plaintiff's injury was triggered, not as a separate reason for the injuries. It is imperative to consult an experienced attorney in the event that you've been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have built working relationships with independent doctors in various specialties, as well experts in computer simulations and reconstruction of accident. motor vehicle accident attorney st cloud may recover in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes the costs of monetary value that can easily be added up and then calculated into the total amount, which includes medical expenses as well as lost wages, repairs to property, and even future financial losses, such as a diminished earning capacity. New York law also recognizes the right to seek non-economic damages, such as suffering and pain, as well as loss of enjoyment of life which cannot be reduced to a dollar amount. These damages must be proved by a wide array of evidence, including depositions of family members or friends of the plaintiff or 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 damages awarded should be divided between them. The jury must decide the percentage of blame each defendant carries for the accident, and divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these trucks and cars. The method of determining if the presumption is permissive is complicated. Typically the only way to prove that the owner refused permission to the driver to operate the vehicle can be sufficient to overturn the presumption.