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Motor Vehicle Litigation If the liability is challenged in court, it becomes necessary to make a complaint. The Defendant has the right to respond to the Complaint. New York has a pure comparative negligence rule. This means that in the event that a jury determines that you are responsible for an accident the damages you incur will be reduced according to your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles that are rented or leased to minors. Duty of Care In a negligence case, the plaintiff must show that the defendant was bound by an obligation of care to them. This duty is owed by everyone, but those who operate a vehicle have an even higher duty to others in their field. motor vehicle accident attorney ohio includes not causing motor vehicle accidents. Courtrooms compare an individual's actions to what a typical person would do under the same circumstances to determine a reasonable standard of care. In cases of medical malpractice experts are typically required. Experts who are knowledgeable of a specific area may also be held to the highest standards of care than other people in similar situations. A breach of a person's duty of care may cause harm to a victim or their property. The victim then has to demonstrate that the defendant did not fulfill their duty and caused the injury or damage they sustained. Causation is an important part of any negligence claim. It requires proving both the proximate and actual causes of the injury and damages. If someone runs an stop sign it is likely that they will be hit by a car. If their car is damaged, they will have to pay for the repairs. The reason for the crash might be a cut or the brick, which then develops into a dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty by a defendant. The breach of duty must be proved for compensation for a personal injury claim. A breach of duty is when the actions taken by the at-fault person are insufficient to what a normal person would do in similar circumstances. For example, a doctor has a variety of professional obligations to his patients stemming from laws of the state and licensing boards. Motorists owe a duty care to other drivers and pedestrians on the road to drive safely and observe traffic laws. Any driver who fails to adhere to this obligation and causes an accident is accountable for the injuries of the victim. Lawyers can use the “reasonable persons” standard to demonstrate that there is a duty of prudence and then demonstrate that defendant did not comply with this standard in his conduct. It is a matter of fact that the jury has to decide whether the defendant met the standard or not. The plaintiff must also demonstrate that the defendant's breach was the direct cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that wasn't what caused your bicycle accident. Causation is often contested in cases of crash by defendants. Causation In motor vehicle cases the plaintiff must establish a causal link between breach of the defendant and the injuries. If the plaintiff suffered neck injuries in an accident with rear-end damage and his or her attorney would argue that the accident caused the injury. Other factors that are necessary for the collision to occur, like being in a stationary vehicle, are not culpable and will not affect the jury's determination of the liability. For psychological injuries, however, the link between a negligent act and an victim's afflictions may be more difficult to establish. The reality that the plaintiff experienced a troubles in his or her childhood, had a difficult relationship with his or her parents, experimented with alcohol and drugs, or suffered prior unemployment could have a bearing on the severity of the psychological problems he or she suffers after an accident, but courts generally view these factors as part of the circumstances that led to the accident from which the plaintiff's injury occurred, rather than as an independent cause of the injuries. If you have been in a serious motor vehicle crash it is essential 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, as well as motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in different specialties, as well as expert witnesses in computer simulations and accident reconstruction. Damages The damages a plaintiff can recover in motor vehicle litigation can include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be summed up and calculated into a total, such as medical expenses, lost wages, repairs to property, or even a future financial losses, such as a diminished earning capacity. New York law recognizes that non-economic damages, such as suffering and pain, as well as loss of enjoyment of life can't be reduced to money. However the damages must be established to exist with the help of extensive evidence, including deposition testimony from plaintiff's close friends and family members medical records, other expert witness testimony. In cases involving multiple defendants, Courts will often use the rules of comparative negligence to determine how much of the damages awarded should be split between them. The jury will determine the percentage of blame each defendant is responsible for the incident, and divide the total damages awarded by the percentage. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule when it comes to injuries sustained by drivers of these vehicles and trucks. The subsequent analysis of whether the presumption of permissiveness is applicable is a bit nebulous and usually only a convincing evidence that the owner specifically was not granted permission to operate the vehicle will be able to overcome it.