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Motor Vehicle Litigation When liability is contested then it is necessary to bring a lawsuit. The Defendant has the right to respond to the complaint. New York follows pure comparative fault rules and, should a jury find you to be the cause of the accident the damages awarded to you will be reduced by the percentage of negligence. This rule does not apply to owners of vehicles which are rented out or leased to minors. Duty of Care In a negligence suit the plaintiff must show that the defendant was obligated to exercise reasonable care. Nearly everyone owes this obligation to everyone else, however those who sit behind the wheel of a motor vehicle are obligated to the people in their area of activity. This includes not causing accidents in motor vehicles. Courtrooms compare an individual's actions to what a typical person would do under similar conditions to determine an acceptable standard of care. In the event of medical malpractice experts are often required. Experts who have a greater understanding of a certain field may be held to a higher standard of treatment. A person's breach of their duty of care can cause harm to a victim or their property. The victim is then required to demonstrate that the defendant's violation of their duty caused the injury and damages that they sustained. Proving causation is an essential element in any negligence case which involves considering both the actual causes of the injury damages, as well as the causal cause of the injury or damage. For instance, if a person runs a red light, it's likely that they'll be struck by another car. If motor vehicle accident lawyer nevada is damaged they'll be responsible for repairs. But the reason for the crash could be a cut on a brick that later develops into a serious infection. Breach of Duty A defendant's breach of duty is the second aspect of negligence that has to be proved in order to receive compensation in a personal injury claim. A breach of duty is when the actions taken by the person who is at fault are insufficient to what an ordinary person would do under similar circumstances. A doctor, for example has a variety of professional obligations to his patients that are derived from laws of the state and licensing bodies. Drivers have a duty to take care of other drivers and pedestrians, and to obey traffic laws. If a driver violates this duty of care and results in an accident, the driver is responsible for the injury suffered by the victim. A lawyer may use the “reasonable persons” standard to prove that there is a duty to be cautious and then show that defendant did not comply with this standard in his conduct. It is a question of fact for the jury to decide if the defendant fulfilled the standard or not. The plaintiff must also prove that the breach by the defendant was the main cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that wasn't what caused the bicycle accident. For this reason, the causation issue is often contested by defendants in collision cases. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If a plaintiff suffers a neck injury in an accident that involved rear-end collisions, his or her attorney would argue that the accident caused the injury. Other factors that are needed in causing the collision like being in a stationary vehicle, are not culpable, and do not affect the jury's determination of liability. For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. The fact that the plaintiff had an uneasy childhood, a bad relationship with their parents, abused drugs and alcohol or experienced previous unemployment may have some influence on the severity the psychological issues he or she suffers after a crash, but the courts typically look at these factors as part of the background circumstances from which the plaintiff's accident occurred, rather than as an independent cause of the injuries. It is imperative to consult an experienced attorney if you have been involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident as well as business and commercial litigation, and personal injury cases. Our lawyers have built working relationships with independent physicians in different specialties as well as experts in computer simulations and accident reconstruction. Damages In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first category of damages covers any monetary expenses that can be easily added to calculate the sum of medical treatment, lost wages, property repair and even future financial losses, like diminished earning capacity. New York law also recognizes the right to seek non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However these damages must be established to exist through extensive evidence, such as deposition testimony from plaintiff's close friends and family members medical records, as well as other expert witness testimony. In cases that involve multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be split between them. The jury must determine the amount of fault each defendant was responsible for the accident and then divide the total damages awarded by that percentage of blame. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by drivers of cars or trucks. The resulting analysis of whether the presumption that permissive use applies is not straightforward, and typically only a convincing evidence that the owner explicitly was not granted permission to operate the car will overcome it.