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Motor Vehicle Litigation When a claim for liability is litigated in court, it becomes necessary to bring a lawsuit. The defendant will then be given the chance 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 at fault for an accident, your damages will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles rented out or leased to minors. Duty of Care In a negligence suit the plaintiff must demonstrate that the defendant was obligated to exercise reasonable care. The majority of people owe this obligation to everyone else, however those who sit behind the wheel of a motor 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. Courtrooms examine an individual's conduct to what a typical person would do in the same circumstances to establish what is a reasonable standard of care. In the event of medical malpractice experts are often required. People who have superior knowledge in a specific field could be held to a higher standard of care than others in similar situations. If a person violates their duty of care, they could cause harm to the victim and/or their property. The victim then has to show that the defendant violated their duty and caused the injury or damage they sustained. 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 cause of the injury or damage. If someone runs an stop sign it is likely that they will be hit by a car. If their car is damaged, they'll have to pay for the repairs. But the reason for the crash could be a cut or a brick that later develops into a serious infection. Breach of Duty A defendant's breach of duty is the second element of negligence that needs to be proved in order to secure compensation in a personal injury lawsuit. A breach of duty is when the actions taken by the at-fault person are not in line with what a normal person would do under similar circumstances. For motor vehicle accident attorneys ohio , a doctor has a variety of professional obligations to his patients, arising from laws of the state and licensing boards. Drivers are obliged to be considerate of other drivers and pedestrians, as well as to adhere to traffic laws. A driver who breaches this duty and causes an accident is accountable for the victim's injuries. Lawyers can rely on the “reasonable person” standard to establish the existence of the duty of care, and then show that the defendant failed to meet the standard in his actions. The jury will determine if the defendant met or did not meet the standards. The plaintiff must also prove that the breach of duty by the defendant was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant might have walked through a red light, however, that's not the reason for the bicycle accident. Because of this, causation is frequently disputed by the defendants in cases of crash. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and their injuries. If the plaintiff suffered neck injuries in an accident that involved rear-end collisions and his or her attorney would argue that the accident was the reason for the injury. Other elements that are required to cause the collision, like being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's determination of liability. For psychological injuries However, the connection between a negligent act and the victim's afflictions may be more difficult to establish. It may be because the plaintiff has a turbulent past, has a bad relationship with their parents, or has been a user of alcohol or drugs. If you've been involved in a serious motor vehicle accident It is imperative to speak with an experienced attorney. The attorneys at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury, commercial and business litigation, and motor vehicle accident cases. Our lawyers have formed relationships with independent physicians with a variety of specialties including expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages In motor vehicle litigation, a plaintiff may seek both economic and noneconomic damages. The first type of damages comprises any financial costs that can easily be added up and calculated as an amount, like medical expenses, lost wages, property repair, and even future financial losses, such as diminished earning capacity. New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment can't be reduced to financial value. However these damages must be established to exist by a variety of evidence, such as deposition testimony from the plaintiff's close family members and friends, medical records, and other expert witness testimony. In cases that involve multiple defendants, Courts will often use comparative negligence rules to determine the percentage of damages awarded should be split between them. The jury will determine the amount of fault each defendant has for the accident, and divide the total amount of damages awarded by the percentage. However, New York law 1602 specifically excludes owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of these vehicles and trucks. The analysis to determine whether the presumption is permissive is complicated. Most of the time, only a clear demonstration that the owner denied permission to the driver to operate the vehicle can overrule the presumption.