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Motor Vehicle Litigation If the liability is challenged and the liability is disputed, it is necessary to file a lawsuit. The defendant will then have the opportunity 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 the amount of damages you will be reduced based on your percentage of blame. There is one exception to this rule: CPLR SS 1602 excludes owners of vehicles rented or leased by minors. Duty of Care In a negligence case the plaintiff must show that the defendant owed them a duty to act with reasonable care. The majority of people owe this obligation to everyone else, however those who are behind the wheel of a motor vehicle have a greater obligation to other people in their field of activity. This includes ensuring that they don't cause motor vehicle accidents. Courtrooms examine an individual's conduct to what a typical individual would do under similar circumstances to establish what is a reasonable standard of care. In the event of medical malpractice, expert witnesses are usually required. motor vehicle accident lawsuit fort myers with more experience in particular fields may be held to a higher standard of treatment. A breach of a person's duty of care may cause harm to a victim, or their property. The victim is then required to establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is an important part of any negligence claim. It requires proving both the proximate and actual causes of the damages and injuries. For instance, if a person has a red light there is a good chance that they will be hit by a vehicle. If their car is damaged they'll be responsible for repairs. But the actual cause of the accident could be a cut on the brick, which then develops into a dangerous infection. Breach of Duty The second element of negligence is the breach of duty by an individual defendant. This must be proved in order to receive compensation for personal injury claims. A breach of duty is when the actions taken by the person who is at fault are insufficient to what a normal person would do under similar circumstances. For example, a doctor has several professional obligations to his patients, arising from the law of the state and licensing boards. Drivers have a duty to protect other motorists and pedestrians, and obey traffic laws. Any driver who fails to adhere to this obligation and causes an accident is responsible for the injuries suffered by the victim. A lawyer may use the “reasonable individuals” standard to show that there is a duty of caution and then show that the defendant did not comply with this standard in his actions. The jury will decide if the defendant complied with or did not meet the standard. The plaintiff must also prove that the defendant's negligence was the sole cause of the plaintiff's injuries. This can be more difficult to prove than the existence of a duty and breach. A defendant could have run through a red light, but that's not what caused the bicycle accident. The issue of causation is often challenged in cases of crash by defendants. Causation In motor vehicle accidents, the plaintiff must prove that there is a causal connection between the breach of the defendant and the injuries. If the plaintiff sustained a neck injury in a rear-end accident then his or her attorney will argue that the incident was the reason for the injury. Other factors that are necessary to produce the collision, such as being in a stationary car, are not culpable, and do not affect the jury's determination of the liability. It is possible to establish a causal relationship between a negligent act, and the plaintiff's psychological problems. The fact that the plaintiff suffered from a an unhappy childhood, a poor relationship with their parents, used alcohol and drugs, or suffered previous unemployment may have some influence on the severity the psychological issues she suffers after an accident, but courts typically consider these factors as part of the context that caused the accident was triggered, not as a separate reason for the injuries. It is imperative to consult an experienced lawyer in the event that you've been involved in a serious motor accident. Arnold & Clifford LLP attorneys have extensive experience in representing clients in motor vehicle accident as well as business and commercial litigation, as well as personal injury cases. Our lawyers have established working relationships with independent physicians in a variety of specialties, as well expert witnesses in computer simulations and reconstruction of accident. Damages In motor vehicle litigation, a plaintiff could get both economic and non-economic damages. The first type of damages comprises any financial costs that can be easily added up and calculated as a sum, such as medical treatment, lost wages, property repairs, and even future financial losses, like a decrease in earning capacity. New York law also recognizes the right to seek non-economic damages like the suffering of others and the loss of enjoyment, which cannot be reduced to a monetary amount. The proof of these damages is with a large amount of evidence, such as depositions of family members or friends of the plaintiff, medical records, or 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 split between them. The jury must determine the amount of fault each defendant had for the incident and then divide the total amount of damages by that percentage of fault. New York law however, does not allow for this. 1602 exempts owners of vehicles from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The resulting analysis of whether the presumption of permissive use applies is not straightforward and usually only a clear evidence that the owner has explicitly denied permission to operate the car will overcome it.