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Motor Vehicle Litigation A lawsuit is required in cases where liability is challenged. The Defendant has the right to respond to the complaint. New York follows pure comparative fault rules, which means that in the event that a jury finds you to be at fault for causing the crash the amount of damages awarded will be reduced by the percentage of negligence. This rule is not applicable to the owners of vehicles that are rented out or leased to minors. Duty of Care In a negligence lawsuit the plaintiff has to prove that the defendant was obligated to exercise reasonable care. This duty is due to all, but those who operate a vehicle owe an even higher duty to others in their field. This includes ensuring that there are no accidents in motor vehicles. In courtrooms the standard of care is established by comparing an individual's behavior with what a typical person would do in the same circumstances. Expert witnesses are frequently required in cases involving medical negligence. Experts with a higher level of expertise in a particular field may also be held to an even higher standard of care than other individuals in similar situations. A breach of a person's duty of care can cause harm to the victim or their property. The victim must show that the defendant's infringement of duty caused the injury and damages that they suffered. Causation is a crucial element of any negligence claim. It involves proving the proximate and real causes of the damage and injury. If a driver is caught running the stop sign then they are more likely to be hit by another vehicle. If their car is damaged, they will be responsible for the repairs. But the actual cause of the accident could be a cut from bricks that later develop into a dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty committed by a defendant. This must be proven in order to receive compensation in a personal injury case. A breach of duty happens when the at-fault party's actions are not in line with what a reasonable person would do in similar circumstances. A doctor, for example has many professional duties towards his patients. These professional obligations stem from the law of the state and licensing bodies. Drivers are obliged to be considerate of other drivers as well as pedestrians, and to obey traffic laws. When a driver breaches this duty of care and creates an accident, he is responsible for the injuries sustained by the victim. Lawyers can use the “reasonable individuals” standard to establish that there is a duty of care and then show that the defendant failed to meet this standard with his actions. The jury will decide if the defendant fulfilled or did not meet the standard. 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. For motor vehicle accident lawyer seattle could have crossed a red light, but it's likely that his or her actions wasn't the proximate cause of your bike crash. For this reason, causation is often challenged by the defendants in case of a crash. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and his or her injuries. For instance, if the plaintiff suffered a neck injury from a rear-end collision and his or her lawyer might argue that the collision was the cause of the injury. Other elements that could have caused the collision, such as being in a stationary car is not culpable and will not impact the jury's decision on the fault. For psychological injuries However, the connection between a negligent act and an victim's afflictions may be more difficult to establish. It could be because the plaintiff has a turbulent past, has a difficult relationship with their parents, or has abused drugs or alcohol. If you have been in an accident that is serious to your vehicle, it is important to speak with a seasoned attorney. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury, commercial and business litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent medical professionals in a wide range of specialties including expert witnesses in accident reconstruction and computer simulations, and with private investigators. Damages The damages plaintiffs can claim in a motor vehicle lawsuit include both economic and non-economic damages. The first type of damages includes any monetary costs that can be easily added to calculate a total, for example, medical expenses or 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 cannot be reduced to cash. However these damages must be proved to exist by a variety of evidence, including deposition testimony from the plaintiff's close friends and family members medical records, deposition testimony, and 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 divided between them. The jury must determine the amount of fault each defendant was responsible for the accident, and then divide the total damages award 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 method of determining if the presumption of permissiveness is complex. The majority of the time there is only a clear proof that the owner did not grant permission for the driver to operate the vehicle will be able to overcome the presumption.