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Motor Vehicle Litigation When a claim for liability is litigated and the liability is disputed, it is necessary to make a complaint. The Defendant will then have the opportunity to respond to the complaint. New York follows pure comparative fault rules, which means that in the event that a jury finds that you are responsible for causing a crash the amount of damages awarded will be reduced by the percentage of negligence. This rule does not apply to the owners of vehicles that are rented out or leased to minors. Duty of Care In a negligence suit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the wheel of a motor vehicle have an even higher duty to the other drivers in their zone of activity. This includes not causing accidents in motor vehicles. In courtrooms, the standards of care are determined by comparing an individual's behavior to what a normal person would do under similar circumstances. In cases of medical malpractice experts are typically required. Experts who have a greater understanding of the field could be held to a greater standard of care. When a person breaches their duty of care, it can cause injury to the victim or their property. The victim is then required to establish that the defendant's breach of their duty resulted in the harm and damages they sustained. Causation proof is a crucial part of any negligence case and requires considering both the actual reason for the injury or damages, as well as the causal cause of the injury or damage. For instance, if a driver runs a red light and is stopped, they will be hit by a car. If their car is damaged, they will have to pay for the repairs. However, the real cause of the crash could be a cut on the brick, which then develops into a serious infection. Breach of Duty The second aspect of negligence is the breach of duty by an individual defendant. motor vehicle accident attorney kalamazoo must be proved for compensation for personal injury claims. A breach of duty occurs when the actions of the person who is at fault are not in line with what an ordinary person would do under similar circumstances. For instance, a doctor has a variety of professional obligations to his patients. These professional obligations stem from the law of the state and licensing bodies. Motorists have a duty of care to other motorists and pedestrians to drive safely and observe traffic laws. Any driver who fails to adhere to this obligation and results in an accident is responsible for the injuries suffered by the victim. A lawyer can use the “reasonable person” standard to prove the existence of the duty of care and then show that the defendant failed to meet that standard in his actions. It is a matter of fact for the jury to decide if the defendant met the standard or not. The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light, but that's not what caused your bicycle accident. In this way, causation is frequently disputed by defendants in crash cases. Causation In motor vehicle cases, the plaintiff must establish an causal link between breach of the defendant and their injuries. For example, if the plaintiff sustained an injury to his neck in a rear-end collision and his or her lawyer would argue that the collision caused the injury. Other factors that are essential to cause the collision, such as being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of the liability. It can be difficult to establish a causal connection between a negligent act and the psychological issues of the plaintiff. It could be because the plaintiff has a rocky background, a strained relationship with their parents, or is a user of drugs or alcohol. If you have been in a serious motor vehicle crash It is imperative to speak with a seasoned attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, and personal injury cases. Our lawyers have developed working relationships with independent medical professionals with a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages The damages plaintiffs can seek in a motor vehicle lawsuit include both economic and non-economic damages. The first category of damages encompasses all costs that can be easily added together and calculated into a total, such as medical treatment, lost wages, repairs to property, and even future financial losses, such as loss of earning capacity. New York law also recognizes the right to recover non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a dollar amount. However, these damages must be established to exist using extensive evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony. In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine how much of the total damages awarded should be divided between them. The jury has to determine the percentage of fault each defendant is accountable for the accident and then divide the total amount of damages awarded by that percentage. New York law however, doesn't allow this. 1602 disqualifies vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of cars or trucks. The process of determining whether the presumption is permissive or not is complex. Most of the time, only a clear demonstration that the owner denied permission for the driver to operate the vehicle can be able to overcome the presumption.