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Motor Vehicle LitigationA lawsuit is required when liability is contested. The defendant has the right to respond to the complaint.New York has a pure comparative negligence rule. This means that when a jury finds you to be at fault for an accident, your damages will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are which are rented or leased by minors.Duty of CareIn a negligence lawsuit, the plaintiff must prove that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, but individuals who get behind the car are obligated to the people in their area of operation. This includes ensuring that they don't cause car accidents.In courtrooms the standard of care is established by comparing an individual's conduct with what a typical person would do under similar circumstances. In cases of medical malpractice experts are typically required. Experts who have a superior understanding of a specific area may also be held to an even higher standard 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 must demonstrate that the defendant did not fulfill their duty and caused the injury or damages they sustained. Proving causation is an essential part of any negligence case and requires investigating both the primary reason for the injury or damages, as well as the causal cause of the injury or damage.If someone runs the stop sign and fails to obey the stop sign, they could be hit by a car. If their car is damaged, they will have to pay for the repairs. But the actual cause of the crash might be a cut or a brick that later develops into a dangerous infection.Breach of DutyA breach of duty by a defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury claim. A breach of duty happens when the actions of the person at fault aren't in line with what a reasonable person would do in similar circumstances.For motor vehicle accident lawsuit hesperia , a physician has several professional duties to his patients, arising from the law of the state and licensing boards. Drivers have a duty to be considerate of other drivers and pedestrians, and obey traffic laws. If a driver violates this obligation of care and creates an accident, he is liable for the victim's injuries.A lawyer can rely on the "reasonable person" standard to establish the existence of the duty of care and then demonstrate that the defendant did not meet that standard in his actions. The jury will decide if the defendant complied with or did not meet the standard.The plaintiff must also demonstrate that the breach by the defendant was the main cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For example, a defendant may have crossed a red line, but it's likely that his or her actions wasn't the main cause of the crash. This is why the causation issue is often contested by the defendants in case of a crash.CausationIn motor vehicle accidents, the plaintiff must establish a causal link between the breach by the defendant and their injuries. For example, if the plaintiff sustained neck injuries as a result of a rear-end collision and their lawyer will claim that the collision caused the injury. Other factors that are necessary to produce the collision, like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of liability.It could be more difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. It may be the case that the plaintiff has a troubled past, has a difficult relationship with their parents, or has used alcohol or drugs.If you've been involved in a serious motor vehicle crash, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have established relationships with independent physicians across a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well as with private investigators.DamagesThe damages that a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first category of damages includes any monetary costs that can be easily added up and calculated as the sum of medical expenses or lost wages, property repair and even future financial losses like diminished earning capacity.New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of living cannot be reduced to monetary value. However these damages must be proven to exist by a variety of evidence, including deposition testimony of the plaintiff's family members and close friends medical records, other expert witness testimony.In the event of multiple defendants, courts typically employ comparative fault rules to determine the amount of damages that should be divided between them. This requires the jury to determine how much fault each defendant was responsible for the accident, and then divide the total damages awarded by the percentage of the fault. However, New York law 1602 disqualifies vehicle owners from the rule of comparative negligence in cases where injuries are caused by drivers of trucks or cars. The resulting analysis of whether the presumption that permissive use applies is complex and usually only a convincing evidence that the owner specifically denied permission to operate the vehicle will overcome it.