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Motor Vehicle Litigation When a claim for liability is litigated and the liability is disputed, it is necessary to bring a lawsuit. The Defendant will then have the chance to respond to the complaint. New York follows pure comparative fault rules, which means that in the event that a jury finds you to be at fault for causing an accident, your damages award will be reduced by your percentage of negligence. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors. Duty of Care In a case of negligence, the plaintiff must prove that the defendant was bound by the duty of care toward them. This duty is owed to everyone, but those who operate a vehicle have an even greater obligation to other people in their field. This includes ensuring that they do not cause car accidents. Courtrooms examine an individual's conduct with what a normal person would do in similar conditions to determine a reasonable standard of care. In the event of medical negligence experts are typically required. Experts who have a superior understanding of a specific area may be held to an even higher standard of care than others in similar situations. When someone breaches their duty of care, it could cause injury to the victim or their property. The victim must show that the defendant violated their duty and caused the injury or damages they suffered. The proof of causation is an essential part of any negligence case and involves investigating both the primary reason for the injury or damages, as well as the causal reason for the damage or injury. If someone is driving through a stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they will need to pay for repairs. The cause of a crash could be a brick cut that causes an infection. Breach of Duty A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury case. A breach of duty happens when the actions of the party at fault fall short of what reasonable people would do in similar circumstances. A doctor, for instance, is required to perform a number of professional duties for his patients that are governed by state law and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. A driver who breaches this obligation and creates an accident is accountable for the injuries sustained by the victim. Lawyers can use the “reasonable people” standard to show that there is a duty of prudence and then show that defendant failed to meet this standard in his actions. The jury will determine if the defendant met or did not meet the standard. The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have run a red light but his or her action wasn't the main cause of your bicycle crash. In this way, causation is often challenged by the defendants in cases of crash. Causation In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and his or her injuries. If the plaintiff suffered an injury to the neck in a rear-end accident and his or her attorney would argue that the collision was the cause of the injury. Other factors that are needed in causing the collision like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of the liability. For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. The fact that the plaintiff has a a troubled childhood, poor relationship with their parents, was a user of alcohol and drugs, or suffered prior unemployment could have a impact on the severity of the psychological issues is suffering from following an accident, however, the courts typically view these elements as part of the circumstances from which the plaintiff's accident occurred, rather than as an independent reason for the injuries. If you have been in an accident that is serious to your vehicle It is imperative to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident, commercial and business litigation, as well as personal injury cases. Our lawyers have developed working relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages The damages that a plaintiff can recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages covers all costs that are easily added together and calculated into the total amount, which includes medical treatments, lost wages, repairs to property, and even the possibility of future financial loss, such the loss of earning capacity. New York law recognizes that non-economic damages like pain and suffering, and loss of enjoyment can't be reduced to financial value. motor vehicle accident attorneys peoria must be proven through extensive evidence like depositions from family members and friends of the plaintiff medical records, depositions, or other expert witness testimony. In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that should be divided between them. The jury must determine the proportion of fault each defendant is responsible for the incident, and divide the total damages awarded by the percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries suffered by drivers of trucks or cars. The method of determining if the presumption of permissiveness is complex. The majority of the time the only way to prove that the owner did not grant permission to the driver to operate the vehicle will overrule the presumption.