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Motor Vehicle Litigation A lawsuit is required when the liability is being contested. The defendant will then have the opportunity to respond to the complaint. New York follows pure comparative fault rules which means that if the jury finds that you are responsible for causing a crash, your damages award will be reduced by the percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors. Duty of Care In a negligence lawsuit the plaintiff must demonstrate that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who operate a vehicle owe an even greater obligation to others in their field. This includes ensuring that they do not cause motor vehicle accidents. In courtrooms, the standards of care are determined by comparing an individual's actions with what a typical person would do in similar conditions. This is why expert witnesses are often required in cases involving medical malpractice. Experts with a superior understanding of the field could be held to a higher standard of medical care. A person's breach of their duty of care can cause harm to the victim or their property. The victim must establish that the defendant's breach of their duty resulted in the damage and injury they sustained. Causation proof is a crucial element in any negligence case and involves investigating both the primary causes of the injury damages, as well as the causal reason for the injury or damage. For example, if someone runs a red light, it's likely that they'll be hit by another car. If their car is damaged, they'll be responsible for the repairs. The actual cause of a crash could be a fracture in the brick that leads to an infection. Breach of Duty The second element of negligence is the breach of duty by an individual defendant. This must be proved in order to obtain compensation for a personal injury claim. A breach of duty occurs when the actions of the party at fault aren't in line with what a reasonable person would do in similar circumstances. A doctor, for example is a professional with a range of professional obligations towards his patients, which stem from laws of the state and licensing bodies. Drivers are bound to protect other motorists as well as pedestrians, and to obey traffic laws. When a driver breaches this duty of care and results in an accident, he is responsible for the injury suffered by the victim. A lawyer can rely on the “reasonable person” standard to prove the existence of the duty of care and then prove that the defendant failed to comply with the 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 prove that the breach of duty of the defendant was the primary cause for the injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light however, that's not the reason for your bicycle accident. Causation is often contested in a crash case by defendants. Causation In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If a plaintiff suffers neck injuries as a result of an accident with rear-end damage the attorney for the plaintiff will argue that the incident was the reason for the injury. Other factors that are essential for the collision to occur, like being in a stationary vehicle, are not culpable and do not affect the jury's determination of the liability. It may be harder to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. The fact that the plaintiff had troubles in his or her childhood, had a difficult relationship with their parents, used alcohol and drugs, or suffered prior unemployment could have a influence on the severity of the psychological problems he or suffers from following an accident, but courts typically look at these factors as an element of the background conditions that caused the accident in which the plaintiff 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. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have built working relationships with independent doctors in different areas of expertise as well as experts in computer simulations and accident reconstruction. Damages In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first category of damages covers any monetary expenses that can be easily added up and calculated as a sum, such as medical expenses loss of wages, property repairs, and even future financial losses like a diminished earning capacity. New York law recognizes that non-economic damages, like suffering and pain, as well as loss of enjoyment can't be reduced to monetary value. These damages must be established through extensive evidence like depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony. In motor vehicle accident attorney minneapolis where there are multiple defendants, courts typically apply the rules of comparative fault to determine the amount of damages that must be divided between them. The jury must decide the proportion of fault each defendant is responsible for the incident and then divide the total damages awarded by that percentage. New York law however, does not allow for this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these trucks and cars. The resulting analysis of whether the presumption of permissive usage applies is not straightforward and typically only a clear showing that the owner specifically did not have permission to operate his car will overcome it.