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Motor Vehicle Litigation If the liability is challenged and the liability is disputed it is necessary to make a complaint The defendant is entitled to respond to the Complaint New York has a pure comparative negligence rule This means that if a jury finds that you were at fault for an accident the amount of damages you will be reduced based on your percentage of fault This rule is not applicable to the owners of vehicles that are rented out or leased to minors Duty of Care In a case of negligence the plaintiff has to prove that the defendant owed the duty of care towards them Most people owe this duty to everyone else but those who take the car are obligated to other people in their field of activity This includes not causing accidents in motor vehicles In courtrooms the quality of care is determined by comparing an individuals behavior with what a normal person would do in the same circumstances In the event of medical negligence expert witnesses are typically required Experts with a superior understanding of specific fields could be held to a higher standard of treatment If a person violates their duty of care it can cause injury to the 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 Proving causation is a critical aspect of any negligence claim which involves considering both the actual cause of the injury or damages as well as the causal reason for the damage or injury For instance if a driver is stopped at a red light its likely that theyll be hit by a vehicle If their car is damaged they will be responsible for repairs The real cause of a crash could be a brick cut which develops into an infection Breach of Duty The second element of negligence is the breach of duty committed by a defendant The breach of duty must be proved in order to obtain compensation for personal injury claims A breach of duty is when the actions of the atfault party are insufficient to what a normal person would do in similar circumstances For instance a physician has several professional obligations to his patients arising from laws of the state and licensing boards Motorists have a duty of care to other motorists and pedestrians on the road to be safe and follow traffic laws If a driver violates this obligation of care and results in an accident he is accountable for the injuries suffered by the victim Lawyers can use the reasonable individuals standard to establish that there is a duty of prudence and then prove that the defendant did not meet this standard in his conduct It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not The plaintiff must also prove that the defendants negligence was the primary cause of the plaintiffs injuries This is sometimes more difficult to prove than the existence of a duty or breach A defendant might have walked through a red light but that wasnt what caused the bicycle accident For this reason causation is frequently disputed by the defendants in cases of crash Causation In motor vehicle cases the plaintiff must prove a causal link between defendants breach and their injuries For instance if a plaintiff sustained an injury to the neck as a result of a rearend collision and his or her lawyer might argue that the collision was the cause of the injury Other factors that are necessary to cause the collision like being in a stationary car is not culpable and will not influence the jurys determination of the cause of the accident It could be more difficult to establish a causal relationship between an act of negligence and the psychological symptoms of the plaintiff The fact that the plaintiff suffered from a an unhappy childhood a poor relationship with their parents abused alcohol and drugs or previous unemployment may have some influence on the severity of the psychological issues is suffering from following an accident however the courts generally view these factors as part of the background circumstances that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries It is important to consult an experienced lawyer if you have been involved in a serious motor accident Arnold Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents commercial and business litigation and personal injury cases Our lawyers have formed working relationships with independent physicians in various areas of expertise as well as experts in computer simulations and reconstruction of accident Damages The damages a plaintiff can recover in a motor vehicle case include both economic and noneconomic damages The first category of damages is all monetary costs which are easily added together and then calculated into an overall amount including medical expenses or lost wages repair to property and even financial loss like diminished earning capacity New York law recognizes that noneconomic damages such as pain and suffering and loss of enjoyment of life cannot be reduced to financial value However these damages must be proved to exist through extensive evidence including deposition testimony from plaintiffs close family members and friends medical records as well as other expert witness testimony In cases where there are multiple defendants courts often use comparative fault rules to determine the amount of total damages to be divided between them This requires the jury to determine how much responsibility each defendant was responsible for the accident and then divide the total amount of damages by that percentage of fault New York law however does not permit this 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries caused by drivers of trucks or cars motor vehicle accident attorney tucson resulting analysis of whether the presumption of permissiveness applies is not straightforward and usually only a clear evidence that the owner was explicitly refused permission to operate the car will overcome it
