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Motor Vehicle Litigation If the liability is challenged then it is necessary to bring a lawsuit. The Defendant will then have the opportunity to respond to the complaint. New York has a pure comparative negligence rule. motor vehicle accident attorneys fresno means that if a jury finds you to be responsible for an accident the damages you incur will be reduced according to your percentage of blame. This rule does not apply to the owners of vehicles that are that are leased or rented to minors. Duty of Care In a negligence case, the plaintiff must prove that the defendant was obligated to exercise reasonable care. This duty is due to all people, however those who operate vehicles owe an even greater obligation to others in their field. This includes ensuring that there are no accidents in motor vehicles. Courtrooms examine an individual's conduct to what a typical person would do in similar conditions to determine reasonable standards of care. In the event of medical negligence expert witnesses are typically required. Experts with a higher level of expertise in a specific field could also be held to an even higher standard of care than other individuals in similar situations. If someone violates their duty of care, they could cause injury to the victim or their property. The victim must demonstrate that the defendant did not fulfill their duty and caused the injury or damage they sustained. Proving causation is a critical part of any negligence case which involves investigating both the primary basis of the injury or damages as well as the proximate reason for the injury or damage. If someone is driving through an intersection then they are more likely to be hit by a car. If their car is damaged they'll be responsible for repairs. But the actual cause of the crash might be a cut or bricks that later develop into a deadly infection. Breach of Duty A breach of duty by the defendant is the second aspect of negligence that has to be proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the at-fault party are insufficient to what a normal person would do under similar circumstances. A doctor, for instance, has a variety of professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty of care to other drivers and pedestrians to be safe and follow traffic laws. If a driver violates this obligation and causes an accident is accountable for the victim's injuries. A lawyer may use the "reasonable people" standard to prove that there is a duty to be cautious and then demonstrate that defendant did not adhere to this standard in his conduct. It is a question of fact that the jury has to decide whether the defendant fulfilled the standard or not. The plaintiff must also prove that the breach of duty of the defendant was the primary cause for his or her injuries. It can be more difficult to prove this than a breach of duty. A defendant could have run through a red light, but that's not the cause of the crash on your bicycle. This is why causation is often contested by the defendants in cases of crash. Causation In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. If the plaintiff suffered neck injuries as a result of a rear-end collision, his or her attorney will argue that the incident caused the injury. Other elements that are required to cause the collision, like being in a stationary vehicle are not culpable and do not affect the jury's decision of the liability. It may be harder to establish a causal connection between an act of negligence and the plaintiff's psychological problems. The fact that the plaintiff suffered from a an unhappy childhood, a poor relationship with their parents, experimented with alcohol and drugs or prior unemployment could have a bearing on the severity of the psychological issues he or suffers from following an accident, but courts typically consider these factors as part of the circumstances that caused the accident in which the plaintiff was triggered, not as a separate cause of the injuries. It is essential to speak with an experienced lawyer should you be involved in a serious motor vehicle accident. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accident, commercial and business litigation, and personal injury cases. Our lawyers have established relationships with independent physicians in a range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators. Damages In motor vehicle litigation, a plaintiff may recover both economic and noneconomic damages. The first category of damages is any monetary costs that are easily added up and calculated as an amount, like medical expenses, lost wages, property repair and even future financial losses like a decrease in earning capacity. New York law recognizes that non-economic damages such as suffering and pain, as well as loss of enjoyment of life cannot be reduced to cash. However the damages must be established to exist by a variety of evidence, such as deposition testimony from plaintiff's close family members and friends medical records, as well as other expert witness testimony. In cases where there are multiple defendants, Courts will often use rules of comparative negligence to determine the proportion of damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant incurred in the accident, and then divide the total damages awarded by the percentage of blame. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries sustained by the driver of these vehicles and trucks. The resulting analysis of whether the presumption of permissive use applies is complicated and typically only a clear showing that the owner has explicitly was not granted permission to operate the car will overcome it.

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