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Motor Vehicle LitigationWhen a claim for liability is litigated, it becomes necessary to start a lawsuit. The defendant will then be given the opportunity to respond to the complaint.New York has a pure comparative negligence rule. This means that in the event that a jury determines you to be responsible for an accident and you are found to be at fault, your damages will be reduced according to 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 case of negligence the plaintiff must show that the defendant owed the duty of care towards them. This duty is owed to everyone, but people who operate a vehicle owe an even greater duty to other people in their field. This includes ensuring that they do not cause accidents in motor vehicles.In courtrooms the quality of care is determined by comparing an individual's behavior with what a normal person would do in the same circumstances. This is why expert witnesses are frequently required in cases involving medical negligence. Experts with more experience in specific fields could be held to a higher standard of treatment.A person's breach of their duty of care may cause harm to a victim or their property. The victim is then required to prove that the defendant's breach of duty caused the harm and damages they have suffered. The proof of causation is an essential aspect of any negligence case and requires looking at both the actual causes of the injury damages, as well as the causal reason for the damage or injury.For instance, if a person has a red light then it's likely that they'll be struck by another car. If their vehicle is damaged, they will be responsible for the repairs. The cause of the crash could be a brick cut that causes an infection.Breach of DutyA breach of duty by the defendant is the second element of negligence that must be proved in order to secure compensation in a personal injury suit. A breach of duty happens when the actions of the party at fault are not in line with what an average person would do in similar circumstances.For instance, a physician has a variety of professional obligations to his patients, arising from state law and licensing boards. Drivers have a duty to care for other drivers and pedestrians, and to adhere to traffic laws. Drivers who violate this obligation and results in an accident is responsible for the injuries suffered by the victim.A lawyer can use the "reasonable person" standard to establish the existence of the duty of care, and then demonstrate that the defendant failed to meet that standard in his actions. The jury will decide if the defendant met or did not meet the standard.The plaintiff must also prove that the defendant's breach of duty was the primary cause of the injuries. This is sometimes more difficult to prove than the existence of a duty and breach. motor vehicle accident lawsuit gilbert might have walked through a red light, but that's not the cause of the bicycle accident. In this way, causation is often challenged by defendants in collision cases.CausationIn motor vehicle cases the plaintiff must prove an causal link between defendant's breach and their injuries. If a plaintiff suffers a neck injury in a rear-end accident and his or her attorney would argue that the accident was the cause of the injury. Other factors that are necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and will not affect the jury's decision to determine fault.It can be difficult to establish a causal connection between a negligent act, and the psychological issues of the plaintiff. It could be the case that the plaintiff has a troubled past, has a bad relationship with their parents, or has used alcohol or drugs.If you've been involved in an accident involving a motor vehicle that was serious, it is important to speak with an experienced attorney. The lawyers 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 built working relationships with independent doctors in many specialties as well as experts in computer simulations and reconstruction of accident.DamagesThe damages that plaintiffs can seek in motor vehicle litigation can include both economic and non-economic damages. The first category of damages includes any monetary costs that are easily added to calculate the sum of medical treatment, lost wages, property repairs, and even future financial losses, such as 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 financial value. However these damages must be proved to exist by a variety of evidence, including deposition testimony from plaintiff's close friends and family members medical records, deposition testimony, and other expert witness testimony.In the event of multiple defendants, courts will typically use the comparative fault rule to determine the amount of total damages to be divided between them. This requires the jury to determine the amount of fault each defendant was at fault for the accident, and then divide the total damages award by the percentage of fault. New York law however, does not allow this. 1602 specifically excludes owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of these vehicles and trucks. The process to determine if the presumption is permissive or not is complex. The majority of the time there is only a clear proof that the owner did not grant permission to the driver to operate the vehicle can overrule the presumption.