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Motor Vehicle LitigationWhen a claim for liability is litigated and the liability is disputed, it is necessary to make a complaint. The defendant will then have the opportunity to respond to the complaint.New York has a pure comparative negligence rule. This means that should a jury find you to be 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 which are rented out or leased to minors.Duty of CareIn a lawsuit for negligence the plaintiff has to prove that the defendant owed them a duty to act with reasonable care. This duty is owed by everyone, but people who operate a vehicle have an even higher duty to other drivers in their field. This includes ensuring that they do not cause accidents in motor vehicles.In courtrooms, the standard of care is determined 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 with more experience in specific fields could be held to a higher standard of medical care.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 injury and damages that they sustained. Proving causation is an essential element in any negligence case and requires looking at both the actual basis of the injury or damages as well as the cause of the damage or injury.For instance, if a person is stopped at a red light and is stopped, they will be hit by a vehicle. If their vehicle is damaged, they will need to pay for repairs. The reason for an accident could be a brick cut that develops into an infection.Breach of DutyThe second aspect of negligence is the breach of duty by an individual defendant. It must be proven in order to be awarded compensation in a personal injury case. A breach of duty happens when the actions of the person at fault do not match what a reasonable person would do in similar circumstances.motor vehicle accident law firm merced , for example is a professional with a range of professional obligations towards his patients that are derived from laws of the state and licensing bodies. Motorists are required to show care to other drivers and pedestrians on the road to drive safely and obey traffic laws. When a driver breaches this duty of care and creates an accident, he is accountable for the injury suffered by the victim.Lawyers can use the "reasonable people" standard to prove that there is a duty of caution and then demonstrate that defendant did not adhere to the standard in his actions. It is a question of fact for the jury to decide if the defendant met the standard or not.The plaintiff must also prove that the defendant's breach of duty was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant crossed a red light, but it's likely that his or her actions wasn't the proximate cause of the crash. Causation is often contested in case of a crash by the defendants.CausationIn motor vehicle cases the plaintiff must establish a causal link between defendant's breach and their injuries. For instance, if a plaintiff suffered an injury to his neck in an accident that involved rear-ends, his or her lawyer will argue that the collision was the cause of the injury. Other factors that are needed to produce the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of liability.It is possible to establish a causal connection between a negligent action and the psychological issues of the plaintiff. The fact that the plaintiff had a troubled childhood, poor relationship with their parents, abused alcohol and drugs, or suffered prior unemployment could have a influence on the severity the psychological problems he or is suffering from following an accident, however, the courts typically look at these factors as part of the circumstances that caused the accident occurred, rather than as an independent reason for the injuries.If you've been involved in an accident that is serious to your vehicle It is imperative to speak with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent medical professionals in a range of specialties, expert witnesses in accident reconstruction and computer simulations, as well as with private investigators.DamagesIn motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first type of damages includes all financial costs that can easily be summed up and then calculated into a total, for example, medical treatment and lost wages, repairs to property, or even a future financial losses, such as a diminished earning capacity.New York law also recognizes the right to recover non-economic damages like pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. However these damages must be proved to exist by a variety of evidence, including deposition testimony from the plaintiff's close friends and family members medical records, as well as other expert witness testimony.In cases where there are multiple defendants, courts will typically use the comparative fault rule to determine the amount of damages that should be divided between them. The jury must determine the degree of fault each defendant incurred in the incident and then divide the total damages award by that percentage of blame. New York law however, does not allow this. 1602 exempts owners of vehicles from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The subsequent analysis of whether the presumption that permissive use is applicable is a bit nebulous and typically only a clear proof that the owner specifically denied permission to operate the vehicle will overcome it.