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Motor Vehicle Litigation When liability is contested, it becomes necessary to bring a lawsuit. The defendant has the right to respond to the Complaint. New York has a pure comparative negligence rule. This means that, if a jury finds you to be at fault for an accident, your damages will be reduced based on your percentage of blame. There is an exception to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors. Duty of Care In a case of negligence, the plaintiff must prove that the defendant had the duty of care toward them. Nearly motor vehicle accident attorney philadelphia owes this obligation to everyone else, but individuals who get behind the wheel of a motor vehicle have a higher obligation to other people in their field of activity. This includes ensuring that they do not cause accidents in motor vehicles. Courtrooms examine an individual's conduct with what a normal person would do in similar circumstances to determine reasonable standards of care. Expert witnesses are frequently required in cases involving medical negligence. Experts who are knowledgeable of a specific area may be held to an higher standard of care than other people in similar situations. A breach of a person's obligation of care can cause injury to a victim or their property. The victim must show that the defendant violated their obligation and caused the damage or damages they sustained. The proof of causation is an essential aspect of any negligence claim and requires taking into consideration both the real basis of the injury or damages and the proximate reason for the injury or damage. For instance, if someone runs a red light then it's likely that they will be hit by another car. If their vehicle is damaged, they will be responsible for repairs. The actual cause of a crash could be caused by a fracture in the brick that leads to an infection. Breach of Duty A breach of duty by a defendant is the second element of negligence that needs to be proven to win compensation in a personal injury suit. A breach of duty occurs when the actions of the at-fault party fall short of what a normal person would do in similar circumstances. For example, a doctor has several professional duties to his patients that are governed by the law of the state and licensing boards. Drivers have a duty to take care of other drivers and pedestrians, and respect traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries sustained by the victim. Lawyers can rely on 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 complied with or did not meet the standards. The plaintiff must also prove that the breach by the defendant was the primary cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. For instance it is possible that a defendant run a red light but it's likely that his or her actions was not the sole reason for your bicycle crash. Because of this, the causation issue is often contested by defendants in collision cases. Causation In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and his or her injuries. If the plaintiff suffered neck injuries as a result of an accident that involved rear-end collisions, his or her attorney would argue that the accident was the reason for the injury. Other factors necessary to cause the collision, such as being in a stationary vehicle are not considered to be culpable and will not influence the jury's determination of fault. It can be difficult to establish a causal link between an act of negligence and the psychological symptoms of the plaintiff. It could be that the plaintiff has a troubled past, has a bad relationship with their parents, or has been a user of drugs or alcohol. It is imperative to consult an experienced attorney if you have been involved in a serious motor accident. 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 as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators. Damages In motor vehicle litigation, a plaintiff may get both economic and non-economic damages. The first type of damages includes any monetary costs that can easily be added to calculate the sum of medical expenses, lost wages, property repair, and even future financial losses, like diminished earning capacity. New York law also recognizes the right to recover non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. The proof of these damages is by a wide array of evidence, including depositions of family members and friends of the plaintiff or medical records, or other expert witness testimony. In cases that involve multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury must determine the percentage of blame each defendant has for the accident and then divide the total damages awarded by that percentage. However, New York law 1602 does not exempt vehicle owners from the rule of comparative negligence in the event of injuries sustained by the drivers of trucks or cars. The process of determining whether the presumption is permissive is complex. In general there is only a clear proof that the owner refused permission for the driver to operate the vehicle can overrule the presumption.