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When liability is contested in court, it becomes necessary to make a complaint. The defendant has the option 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 according to your percentage of fault. There is a slight exception to this rule: CPLR SS 1602 excludes the owners of vehicles that are that are rented or leased to minors.

Duty of Care

In a negligence case, the plaintiff has to prove that the defendant was bound by a duty of care towards them. This duty is owed by all, but those who operate vehicles owe an even greater duty to other people in their field. This includes ensuring that there are no accidents in motor vehicles.

In courtrooms, the standard of care is determined by comparing an individual's behavior with what a normal person would do in the same conditions. Expert witnesses are often required in cases of medical malpractice. People who have superior knowledge in a particular field can also be held to the highest standards of care than other people in similar situations.

A breach of a person's duty of care can cause harm to a victim or their property. The victim then has to prove that the defendant breached their duty and caused the injury or damage they sustained. The proof of causation is an essential element in any negligence case, and it involves looking at both the actual cause of the injury or damages as well as the proximate cause of the damage or injury.

For example, if someone has a red light then it's likely that they will be hit by a vehicle. If their vehicle is damaged, they'll be required to pay for repairs. The actual cause of the crash could be a brick cut which develops into an infection.

Breach of Duty

A breach of duty by the defendant is the second factor of negligence that must be proven to win compensation in a personal injury suit. A breach of duty happens when the actions of a party who is at fault aren't in line with what a reasonable person would do in similar circumstances.

For instance, a doctor, has a number of professional obligations to his patients that are derived from the law of the state and licensing authorities. Motorists have a duty of care to other motorists and pedestrians to drive safely and observe traffic laws. If a driver violates this duty of care and causes an accident, he is liable for the injury suffered by the victim.

A lawyer may use the "reasonable person" standard to establish the existence of an obligation of care. The lawyer must then prove that the defendant did not satisfy the standard through his actions. It is a question of fact that the jury has to decide if the defendant met the standard or not.


The plaintiff must also prove that the defendant's negligence was the primary 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 wasn't what caused the bicycle accident. For this reason, causation is often contested 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 the injuries. For instance, if the plaintiff suffered an injury to his neck in an accident that involved rear-ends the lawyer will argue that the collision caused the injury. Other factors necessary to cause the collision, like being in a stationary vehicle are not considered to be culpable and won't affect the jury's decision on fault.

For psychological injuries, however, the link between negligence and the victim's afflictions may be more difficult to establish. The fact that the plaintiff has a an uneasy childhood, a bad relationship with their parents, used alcohol and drugs or had prior unemployment could have a impact on the severity of the psychological issues he or suffers from following an accident, however, the courts generally view these factors as part of the context that caused the accident in which the plaintiff resulted rather than an independent reason for the injuries.

If you have been in a serious motor vehicle accident, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents, commercial and business litigation, as well as personal injury cases. Our lawyers have established working relationships with independent medical professionals with a variety of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.

Damages

In motor vehicle litigation, a plaintiff may be able to recover both economic and noneconomic damages. The first category of damages covers all costs that can be easily added together and calculated as a total, such as medical expenses, lost wages, repairs to property, and even the possibility of future financial loss, for instance the loss of earning capacity.

New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment, which cannot be reduced to a monetary amount. However, these damages must be proved to exist using extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, other expert witness testimony.

In cases where there are multiple defendants, Courts will often use comparative negligence rules to determine how much of the total damages award should be allocated between them. This requires the jury to determine how much fault each defendant was at fault for the accident and then divide the total damages awarded by the percentage of the fault. However, New York law 1602 excludes vehicle owners from the comparative negligence rule in cases where injuries are sustained by drivers of cars or trucks. The resulting analysis of whether the presumption of permissiveness applies is complex and usually only a clear proof that the owner explicitly was not granted permission to operate the vehicle will be able to overcome it.