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Motor Vehicle Litigation If the liability is challenged in court, it becomes necessary to file a lawsuit. The Defendant has the right to respond to the complaint. New York follows pure comparative fault rules, which means that when a jury finds you responsible for an accident the damages awarded to you will be reduced by your percentage of negligence. There is a caveat 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 has to prove that the defendant owed the duty of care toward them. This duty is owed by everyone, but those who operate vehicles owe an even higher duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles. motor vehicle accident attorneys west palm beach examine an individual's conduct to what a typical person would do in similar circumstances to determine what constitutes a reasonable standard of care. Expert witnesses are often required when cases involve medical malpractice. Experts who are knowledgeable in a particular field may also be held to the highest standards of care than other individuals in similar situations. When a person breaches their duty of care, it can cause injury to the victim or their property. The victim must then demonstrate that the defendant's violation of duty caused the damage and injury they have suffered. Causation is an important part of any negligence claim. It requires proving both the actual and proximate causes of the injury and damages. If someone runs the stop sign it is likely that they will be hit by another vehicle. If their car is damaged, they'll have to pay for the repairs. The real cause of a crash could be caused by a fracture in the brick that leads to an infection. Breach of Duty A breach of duty by the defendant is the second aspect of negligence that has to be proven to win compensation in a personal injury case. A breach of duty occurs when the actions of the person at fault aren't in line with what reasonable people would do in similar circumstances. A doctor, for instance, has a variety of professional obligations to his patients based on laws of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. When a driver breaches this duty of care and results in an accident, the driver is liable for the injuries suffered by the victim. A lawyer can use “reasonable persons” standard to demonstrate that there is a duty of care and then show that defendant did not adhere to the standard in his actions. The jury will decide if the defendant met or did not meet the standard. The plaintiff must also establish that the defendant's breach of duty was the primary cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant could have driven through a red light, but that's not the cause of the accident on your bicycle. In this way, causation is frequently disputed by defendants in crash cases. 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 sustained a neck injury in an accident with rear-end damage and his or her attorney would argue that the collision was the reason for the injury. Other elements that are required in causing the collision such as being in a stationary vehicle, are not culpable and will not affect the jury's determination of liability. It could be more difficult to establish a causal link between a negligent action and the plaintiff's psychological symptoms. It may be because the plaintiff has had a difficult past, has a difficult relationship with their parents, or has been a user of drugs or alcohol. It is essential to speak with an experienced lawyer should you be involved in a serious car accident. 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 established relationships with independent physicians with a variety of specialties and expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages In motor vehicle litigation, a plaintiff can recover both economic and noneconomic damages. The first category of damages covers any monetary costs that can easily be added to calculate a total, for example, medical treatment and lost wages, property repair, and even future financial losses, like a diminished earning capacity. New York law recognizes that non-economic damages, like suffering and pain, and loss of enjoyment of life can't be reduced to money. However the damages must be established to exist through extensive evidence, such as deposition testimony from the plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony. In cases where there are multiple defendants, courts will typically employ comparative fault rules to determine the amount of damages to be divided between them. This requires the jury to determine the amount of fault each defendant was responsible for the incident and then divide the total amount of damages by that percentage of blame. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are suffered by drivers of trucks or cars. The subsequent analysis of whether the presumption of permissive use applies is complicated and usually only a clear showing that the owner has explicitly did not have permission to operate his car will overcome it.