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Motor Vehicle Litigation When liability is contested in court, it becomes necessary to file a lawsuit. 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 accident the damages awarded to you will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles that are leased or rented to minors. Duty of Care In a case of negligence the plaintiff must prove that the defendant had a duty of care towards them. This duty is owed to everyone, but those who drive a vehicle owe an even greater duty to other drivers in their field. This includes ensuring that there are no accidents in motor vehicles. Courtrooms compare an individual's actions with what a normal person would do under similar circumstances to establish what is a reasonable standard of care. Expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise in a particular field may also be held to the highest standards of care than other individuals in similar situations. When someone breaches their duty of care, it could cause injury to the victim or their property. The victim has to show that the defendant violated their duty of care and caused the injury or damage they sustained. The proof of causation is an essential element in any negligence case, and it involves considering both the actual cause of the injury or damages as well as the reason for the damage or injury. If motor vehicle accident attorneys vermont runs the stop sign and fails to obey the stop sign, they could be struck by a vehicle. If their vehicle is damaged, they'll be responsible for the repairs. However, the real cause of the accident could be a cut on the brick, which then develops into a serious infection. Breach of Duty The second element of negligence is the breach of duty by the defendant. This must be proven in order to be awarded compensation for a personal injury claim. A breach of duty happens when the at-fault party's actions do not match what reasonable people would do in similar circumstances. For instance, a doctor has a variety of professional obligations to his patients, which stem from the law of the state and licensing authorities. Motorists have a duty of care to other motorists and pedestrians to drive in a safe manner and adhere to traffic laws. If a motorist violates this obligation of care and results in an accident, the driver is liable for the injury suffered by the victim. Lawyers can use the “reasonable persons” standard to show that there is a duty of caution and then show that the defendant did not meet this standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standard. The plaintiff must also establish that the breach of duty by the defendant was the primary cause for the 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 wasn't what caused the accident on your bicycle. Causation is often contested in crash cases by defendants. Causation In motor vehicle-related cases, the plaintiff must establish a causal link between breach of the defendant and the injuries. If a plaintiff suffered neck injuries in an accident that involved rear-end collisions the attorney for the plaintiff would argue that the accident caused the injury. Other elements that are required for the collision to occur, like being in a stationary vehicle, are not culpable, and do not affect the jury's decision of liability. For psychological injuries However, the connection between a negligent act and the injured plaintiff's symptoms could be more difficult to establish. The reality that the plaintiff experienced a an uneasy childhood, a bad relationship with his or her parents, was a user of alcohol and drugs or had previous unemployment may have some bearing on the severity of the psychological problems he or she suffers after a crash, but the courts typically view these elements as part of the context that caused the accident in which the plaintiff was triggered, not as a separate reason for the injuries. If you've been involved in a serious motor vehicle crash it is crucial to speak with an experienced attorney. The lawyers at Arnold & Clifford, LLP, have extensive experience in representing clients in personal injury cases, business and commercial litigation and motor vehicle accident cases. Our lawyers have formed working relationships with independent physicians with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well with private investigators. Damages In motor vehicle litigation, a plaintiff can get both economic and non-economic damages. The first type of damages comprises any financial expenses that can be easily added to calculate a sum, such as medical expenses loss of wages, property repair and even future financial losses, like a decrease in earning capacity. New York law recognizes that non-economic damages like suffering and pain, as well as loss of enjoyment of life are not able to be reduced to cash. However, these damages must be proven to exist through extensive evidence, including deposition testimony from the plaintiff's close family members and friends 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 award should be allocated between them. The jury has to determine the amount of fault each defendant is accountable for the incident, and divide the total amount of damages awarded by the same percentage. However, New York law 1602 exempts owners of vehicles from the comparative negligence rule in the event of injuries caused by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness is applicable is a bit nebulous and usually only a clear showing that the owner was explicitly was not granted permission to operate the car will be sufficient to overcome it.