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Motor Vehicle LitigationA lawsuit is necessary when liability is contested. The defendant has the option to respond to the complaint.New York follows pure comparative fault rules which means that if the jury finds you responsible for an accident, your damages award will be reduced by your percentage of negligence. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors.Duty of CareIn a negligence suit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Most people owe this duty to everyone else, but those who sit behind the steering wheel of a motor vehicle have a higher obligation to the other drivers in their zone of activity. This includes not causing accidents in motor vehicles.Courtrooms evaluate an individual's behavior to what a typical individual would do in the same circumstances to determine an acceptable standard of care. This is why expert witnesses are frequently required in cases involving medical negligence. People who have superior knowledge of a specific area may be held to an higher standard of care than other people in similar situations.A person's breach of their obligation of care can cause harm to the victim or their property. The victim has to prove that the defendant acted in breach of their duty and caused the injury or damages they sustained. Causation is a key element of any negligence claim. It requires proof of both the proximate and real causes of the damages and injuries.If a person is stopped at the stop sign then they are more likely to be hit by a car. If their car is damaged they'll be accountable for the repairs. The reason for the crash might be a cut on bricks that later develop into a deadly infection.Breach of DutyThe second aspect of negligence is the breach of duty by the defendant. This must be proven in order to be awarded compensation in a personal injury case. A breach of duty is when the actions taken by the person who is at fault do not match what an ordinary person would do under similar circumstances.A doctor, for instance, has a number of professional obligations to his patients, which stem from laws of the state and licensing bodies. Motorists owe a duty care to other motorists and pedestrians to be safe and follow traffic laws. If a driver violates this duty and results in an accident is responsible for the injuries suffered by the victim.Lawyers can rely on the "reasonable person" standard to establish the existence of a duty of care and then prove that the defendant failed to satisfy the standard through his actions. The jury will decide if the defendant fulfilled or did not meet the standards.The plaintiff must also prove that the breach of duty by the defendant was the primary cause for his or her injuries. It is more difficult to prove this than a breach of duty. For instance the defendant could have crossed a red light, but his or her action wasn't the main reason for your bicycle crash. Causation is often contested in crash cases by defendants.CausationIn motor vehicle accidents, the plaintiff must establish an causal link between breach by the defendant and their injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision the attorney for the plaintiff would argue that the collision was the cause of the injury. Other factors that are essential in causing the collision such as being in a stationary car, are not culpable and do not affect the jury's decision of the liability.For psychological injuries, however, the link between a negligent act and the injured plaintiff's symptoms may be more difficult to establish. It could be the case that the plaintiff has a turbulent past, has a difficult relationship with their parents, or has abused drugs or alcohol.If you've been involved in a serious motor vehicle crash It is imperative to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have established working relationships with independent physicians in many specialties, as well as expert witnesses in computer simulations as well as reconstruction of accidents.DamagesIn motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added up and calculated as the sum of medical expenses or lost wages, property repairs, and even future financial losses like a diminished earning capacity.New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of living, cannot be reduced to monetary value. However these damages must be proved to exist through extensive evidence, including deposition testimony of the plaintiff's close family members and friends, medical records, and other expert witness testimony.In motor vehicle accident lawyer lynchburg where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of total damages that must be divided between them. The jury must determine how much responsibility each defendant was at fault for the accident, and then divide the total damages award by the percentage of blame. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in the event of injuries suffered by drivers of cars or trucks. The process to determine if the presumption is permissive or not is complex. Typically the only way to prove that the owner did not grant permission to the driver to operate the vehicle can overrule the presumption.