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Motor Vehicle LitigationA lawsuit is required when the liability is being contested. The Defendant has the right to respond to the Complaint.New York has a pure comparative negligence rule. This means that should a jury find that you were at fault for an accident and you are found to be at fault, your damages will be reduced based on your percentage of fault. This rule is not applicable to owners of vehicles rented out or leased to minors.Duty of CareIn a negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. Almost everybody owes this duty to everyone else, but individuals who get behind the driving wheel of a motorized vehicle have an even higher duty to others in their area of activity. This includes ensuring that they do not cause accidents in motor vehicles.In courtrooms, the standards of care are determined by comparing an individual's actions with what a normal person would do in the same situations. In the event of medical negligence experts are typically required. motor vehicle accident law firm washington who have a superior understanding in a particular field can be held to an even higher standard of care than others in similar situations.When a person breaches their duty of care, it could cause harm to the victim and/or their property. The victim must establish that the defendant's breach of their duty resulted in the damage and injury they have suffered. The proof of causation is an essential element in any negligence case, and it involves taking into consideration both the real basis of the injury or damages, as well as the causal reason for the injury or damage.If someone is driving through the stop sign and fails to obey the stop sign, they could be struck by another vehicle. If their car is damaged they'll be accountable for the repairs. However, the real cause of the crash could be a cut or the brick, which then develops into a deadly infection.Breach of DutyThe second aspect of negligence is the breach of duty by the defendant. This must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the person at fault are not in line with what an average person would do in similar circumstances.For instance, a doctor has several professional duties to his patients, arising from state law and licensing boards. Motorists have a duty of care to other motorists and pedestrians to drive safely and obey traffic laws. When a driver breaches this duty of care and results in an accident, he is accountable for the injuries sustained by the victim.Lawyers can rely on the "reasonable person" standard to prove the existence of the duty of care, and then demonstrate that the defendant did not satisfy the standard through his actions. It is a matter of fact that the jury has to decide if the defendant fulfilled the standard or not.The plaintiff must also demonstrate that the defendant's breach was the primary cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty or breach. A defendant could have driven through a red light but that's not what caused your bicycle accident. This is why causation is frequently disputed by defendants in collision cases.CausationIn motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff sustained an injury to the neck in an accident that involved rear-end collisions, his or her attorney would argue that the collision was the cause of the injury. Other factors that are necessary to cause the collision, like being in a stationary car, are not culpable, and will not influence the jury's decision to determine the cause of the accident.It may be harder to establish a causal link between a negligent act, and the plaintiff's psychological symptoms. It could be the case that the plaintiff has a rocky past, a poor relationship with their parents, or has abused alcohol or drugs.If you've been involved in an accident that is serious to your vehicle it is essential to consult with an experienced attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury as well as commercial and business litigation, and motor vehicle crash cases. Our lawyers have developed working relationships with independent doctors in various specialties as well as expert witnesses in computer simulations and reconstruction of accident.DamagesIn motor vehicle litigation, a plaintiff could seek both economic and noneconomic damages. The first type of damages covers all financial costs that can easily be summed up and summed up into the total amount, which includes medical treatment, lost wages, repairs to property, and even future financial loss, like a diminished earning capacity.New York law recognizes that non-economic damages such as suffering and pain, and loss of enjoyment of living are not able to be reduced to money. The damages must be proven through extensive evidence like depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages award should be allocated between them. The jury must determine the percentage of fault each defendant has for the accident and then divide the total damages awarded by the same percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive usage is applicable is a bit nebulous and typically only a clear proof that the owner explicitly did not have permission to operate his car will overcome it.