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Motor Vehicle LitigationWhen liability is contested, it becomes necessary to file a lawsuit. The defendant will then have the chance to respond to the complaint.New York has a pure comparative negligence rule. This means that should a jury find you to be responsible for an accident, your damages will be reduced based on your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.Duty of CareIn a negligence suit the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is owed by everyone, but those who operate a vehicle have an even greater duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.Courtrooms evaluate an individual's behavior with what a normal person would do in the same circumstances to determine what constitutes a reasonable standard of care. In the case of medical malpractice expert witnesses are typically required. People who have superior knowledge in a particular field may be held to an even higher standard of care than others in similar situations.A breach of a person's duty of care can cause harm to a victim or their property. The victim must establish that the defendant's breach of duty caused the damage and injury they have suffered. Proving causation is a critical element in any negligence case, and it involves looking at both the actual reason for the injury or damages and the proximate cause of the damage or injury.If a driver is caught running an intersection then they are more likely to be hit by a car. If their vehicle is damaged, they will be responsible for repairs. The cause of a crash could be caused by a fracture in the brick that leads to an infection.Breach of DutyA defendant's breach of duty is the second element of negligence that must be proved in order to receive compensation in a personal injury suit. A breach of duty occurs when the at-fault party's actions aren't in line with what reasonable people would do in similar circumstances.A doctor, for example, has a number of professional obligations towards his patients. These obligations stem from laws of the state and licensing bodies. Drivers have a duty to care for other drivers as well as pedestrians, and to adhere to traffic laws. When a driver breaches this obligation of care and creates an accident, he is liable for the victim's injuries.A lawyer can use the "reasonable person" standard to prove the existence of an obligation of care. The lawyer must then show that the defendant failed to meet the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard.The plaintiff must also prove that the breach of duty by the defendant was the proximate cause of the injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant crossed a red light, however, the act was not the sole cause of the crash. The issue of causation is often challenged in case of a crash by the defendants.motor vehicle accident attorneys danburyIn motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and their injuries. For example, if the plaintiff sustained a neck injury from an accident that involved rear-ends and their lawyer will argue that the collision was the cause of the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle are not culpable and will not affect the jury's determination of the cause of the accident.It can be difficult to prove a causal link between an act of negligence and the psychological symptoms of the plaintiff. The fact that the plaintiff suffered from a a troubled childhood, poor relationship with his or her parents, was a user of drugs and alcohol or experienced previous unemployment may have some influence on the severity of the psychological issues he or suffers following a crash, but the courts typically view these elements as part of the circumstances that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries.If you have been in a serious motor vehicle crash it is crucial to consult an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury as well as commercial and business litigation and motor vehicle accident cases. Our lawyers have developed working relationships with independent doctors in different specialties as well as expert witnesses in computer simulations and reconstruction of accidents.DamagesThe damages a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages covers any monetary expenses that can be easily added to calculate an amount, like medical treatment loss of wages, property repairs, and even future financial losses like diminished earning capacity.New York law also recognizes the right to seek non-economic damages such as the suffering of others and the loss of enjoyment of life which cannot be reduced to a monetary amount. However the damages must be established to exist with the help of extensive evidence, including deposition testimony from the plaintiff's family members and close friends, medical records, and other expert witness testimony.In cases where there are multiple defendants, courts typically employ comparative fault rules to determine the amount of damages to be divided between them. This requires the jury to determine the degree of fault each defendant had for the accident, and then divide the total damages award by the percentage of the fault. However, New York law 1602 excludes vehicle owners from the rule of comparative negligence in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption of permissive use is applicable is a bit nebulous and typically only a clear showing that the owner specifically did not have permission to operate his car will overcome it.