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Motor Vehicle LitigationIf liability is contested in court, it becomes necessary to file a lawsuit. The Defendant has the right to respond to the complaint.New York follows pure comparative fault rules which means that when a jury finds you responsible for the accident the damages awarded will be reduced by your percentage of negligence. There is a slight exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors.Duty of CareIn a negligence case, the plaintiff must show that the defendant owed an obligation of care to them. Most people owe this duty to everyone else, however those who are behind the wheel of a motor vehicle are obligated to the other drivers in their zone of activity. This includes not causing accidents in motor vehicles.In courtrooms the standard of care is determined by comparing an individual's behavior to what a normal person would do under similar situations. Expert witnesses are often required when cases involve medical malpractice. Experts who are knowledgeable in a particular field may be held to the highest standards of care than others in similar situations.A person's breach of their duty of care can cause harm to a victim, or their property. The victim is then required to prove that the defendant breached their obligation and caused the damage or damages they sustained. Proving causation is a critical aspect of any negligence case and involves investigating both the primary causes of the injury damages and the proximate reason for the damage or injury.If someone runs an intersection and fails to obey the stop sign, they could be hit by another vehicle. If their vehicle is damaged, they'll have to pay for the repairs. The real cause of a crash could be caused by a brick cut that develops into an infection.Breach of DutyA breach of duty by a defendant is the second element of negligence that needs to be proved in order to secure compensation in a personal injury claim. A breach of duty is when the actions taken by the person at fault are insufficient to what an ordinary person would do under similar circumstances.For example, a doctor has several professional obligations to his patients that are governed by state law and licensing boards. motor vehicle accident attorney georgia have a duty to protect other motorists and pedestrians, and adhere to traffic laws. A driver who breaches this obligation and results in an accident is responsible for the victim's injuries.A lawyer can use the "reasonable person" standard to establish the existence of a duty of care and then show that the defendant failed to meet the standard in his actions. It is a matter of fact that the jury has to decide if the defendant met the standard or not.The plaintiff must also prove that the defendant's breach was the direct cause of the plaintiff's injuries. This is sometimes more difficult to prove than the existence of a duty or breach. For example it is possible that a defendant been a motorist who ran a red light, but it's likely that his or her actions was not the sole cause of your bike crash. Causation is often contested in case of a crash by the defendants.CausationIn motor vehicle cases, the plaintiff has to establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff sustained a neck injury in a rear-end collision then his or her attorney would argue that the accident caused the injury. Other factors that are necessary to cause the collision, like being in a stationary vehicle are not culpable and won't affect the jury's decision to determine fault.For psychological injuries, however, the link between negligence and the affected plaintiff's symptoms can be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, experimented with drugs and alcohol or experienced prior unemployment could have a impact on the severity of the psychological issues suffers following an accident, but courts typically look at these factors as part of the background circumstances that led to the accident from which the plaintiff's injury resulted rather than an independent cause of the injuries.It is important to consult an experienced lawyer should you be involved in a serious car accident. The lawyers at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians in a variety of specialties, as well as expert witnesses in computer simulations and reconstruction of accidents.DamagesIn motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages includes any monetary costs that can easily be added up and calculated as an amount, like medical treatment or lost wages, property repair and even future financial losses like a decrease in earning capacity.New York law also recognizes the right to seek non-economic damages, including pain and suffering and loss of enjoyment of life, which cannot be reduced to a monetary amount. The damages must be proven through extensive evidence such as depositions of family members or friends of the plaintiff or medical records, or other expert witness testimony.In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that should be divided between them. The jury has to determine the amount of fault each defendant is responsible for the accident, and divide the total amount of damages awarded by the percentage. New York law however, does not allow for this. 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 subsequent analysis of whether the presumption of permissive usage applies is complicated, and typically only a clear evidence that the owner explicitly denied permission to operate the vehicle will overcome it.