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Motor Vehicle Litigation A lawsuit is required in cases where liability is challenged. The defendant is entitled to respond to the complaint. New York has a pure comparative negligence rule. This means that, if a jury finds you to be responsible for an accident, your damages will be reduced based on your percentage of blame. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are hired or leased by minors. Duty of Care In a negligence suit the plaintiff must demonstrate that the defendant owed them a duty to exercise reasonable care. Most people owe this duty to everyone else, but those who are behind the steering wheel of a motor vehicle have a higher obligation to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles. In courtrooms the standard of care is established by comparing an individual's actions with what a normal person would do in the same circumstances. In the event of medical malpractice expert witnesses are typically required. Experts with a higher level of expertise in a specific field could be held to an even higher standard of care than other people in similar situations. When a person breaches their duty of care, it can cause harm to the victim and/or their property. The victim must demonstrate that the defendant did not fulfill their duty of care and caused the injury or damages they suffered. The proof of causation is an essential element in any negligence case and involves taking into consideration both the real cause of the injury or damages as well as the reason for the damage or injury. If a driver is caught running a stop sign it is likely that they will be struck by a vehicle. If their vehicle is damaged, they will be responsible for the repairs. However, motor vehicle accident law firm high point of the crash might be a cut on the brick, which then develops into a serious infection. Breach of Duty A breach of duty by the defendant is the second factor of negligence that must be proved to obtain compensation in a personal injury suit. A breach of duty is when the actions taken by the person at fault fall short of what an ordinary person would do in similar circumstances. For instance, a doctor is a professional with a range of professional obligations towards his patients that are derived from state law and licensing bodies. Motorists owe a duty of care to other drivers and pedestrians to drive safely and observe traffic laws. Drivers who violate this obligation and causes an accident is accountable for the injuries suffered by the victim. Lawyers can rely on the “reasonable person” standard to establish the existence of the duty of care, and then demonstrate that the defendant did not satisfy the standard through his actions. The jury will decide if the defendant complied with or did not meet the standard. The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant may have run through a red light but that's not the cause of the bicycle accident. Causation is often contested in case of a crash by the defendants. Causation In motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. If a plaintiff suffered an injury to the neck in a rear-end collision then his or her attorney would argue that the collision was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary car is not culpable and won't affect the jury’s determination of the cause of the accident. For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has a troubled background, a strained relationship with their parents, or has been a user of alcohol or drugs. It is essential to speak with an experienced lawyer if you have been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have built working relationships with independent physicians in a variety of specialties as well as experts in computer simulations and reconstruction of accident. Damages In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages covers any monetary expenses that can be easily added to calculate an amount, like medical treatment and lost wages, property repair, and even future financial losses like diminished earning capacity. New York law also recognizes the right to seek non-economic damages, including pain and suffering and 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 or medical records, or other expert witness testimony. In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages awarded should be divided between them. The jury must decide the proportion of fault each defendant carries for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 disqualifies vehicle owners from the comparative negligence rule in cases where injuries are sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissive usage applies is complex and usually only a convincing evidence that the owner explicitly denied permission to operate the vehicle will overcome it.