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motor vehicle accident law firm peoriaWhen liability is contested then it is necessary to start a lawsuit. 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 that you are responsible for an accident, your damages will be reduced according to your percentage of fault. This rule is not applicable to owners of vehicles which are rented out or leased to minors.Duty of CareIn a case of negligence, the plaintiff must prove that the defendant owed an obligation of care to them. The majority of people owe this obligation to everyone else, but those who are behind the car are obligated to the other drivers in their zone of operation. This includes ensuring that they do not cause accidents in motor vehicles.Courtrooms assess an individual's actions to what a typical individual would do under the same circumstances to establish what is a reasonable standard of care. Expert witnesses are frequently required in cases of medical malpractice. People who have superior knowledge in a particular field can be held to an even higher standard of care than other people in similar situations.If someone violates their duty of care, it could cause damage to the victim as well as their property. The victim must prove that the defendant breached their duty of care and caused the injury or damages they sustained. Proving causation is an essential aspect of any negligence case, and it involves looking at both the actual basis of the injury or damages and the proximate cause of the damage or injury.If a person is stopped at an intersection and fails to obey the stop sign, they could be struck by another vehicle. If their vehicle is damaged, they will be responsible for repairs. The cause of a crash could be a brick cut which develops into an infection.Breach of DutyThe second element of negligence is the breach of duty by a defendant. This must be proved for compensation in a personal injury case. A breach of duty happens when the actions of a party who is at fault do not match what reasonable people would do in similar circumstances.For example, a doctor has several professional duties to his patients that are governed by laws of the state and licensing boards. Motorists have a duty of care to other drivers and pedestrians on the road to be safe and follow traffic laws. Drivers who violate this obligation and causes an accident is responsible for the victim's injuries.A lawyer may use the "reasonable person" standard to prove the existence of a 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 standards.The plaintiff must also establish that the defendant's breach of duty was the main cause of the injuries. It can be more difficult to prove this than a breach of duty. A defendant may have run through a red light, but that's not the cause of the bicycle accident. In this way, causation is often challenged by the defendants in cases of crash.CausationIn motor vehicle-related cases, the plaintiff must prove a causal link between the breach of the defendant and their injuries. If the plaintiff sustained neck injuries as a result of an accident that involved rear-end collisions the attorney for the plaintiff will argue that the crash was the reason for the injury. Other factors that are needed for the collision to occur, such as being in a stationary vehicle are not considered to be culpable and therefore do not affect the jury's determination of the liability.For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. It could be that the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.It is essential to speak with an experienced attorney in the event that you've been involved in a serious car accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have formed working relationships with independent physicians in a variety of specialties, as well experts in computer simulations and accident reconstruction.DamagesThe damages that a plaintiff may recover in motor vehicle litigation include both economic and non-economic damages. The first type of damages encompasses the costs of monetary value that can be easily added together and calculated as a total, for example, medical treatments and lost wages, repairs to property, and even future financial loss, like loss of earning capacity.New York law also recognizes the right to recover non-economic damages, such as pain and suffering as well as loss of enjoyment, which cannot be reduced to a dollar amount. However these damages must be proven to exist by a variety of evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, as well as other expert witness testimony.In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages award should be allocated between them. The jury must determine how much fault each defendant had for the accident and then divide the total damages award by that percentage of fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these trucks and cars. The resulting analysis of whether the presumption of permissiveness applies is complicated, and typically only a clear proof that the owner specifically refused permission to operate the vehicle will be able to overcome it.