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motor vehicle accident attorney oceanside If the liability is challenged then it is necessary to start a lawsuit. The Defendant has the right to respond to the complaint. New York has a pure comparative negligence rule. This means that should a jury find you to be at fault for an accident, your damages will be reduced based on your percentage of fault. This rule is not applicable to the owners of vehicles that are that are leased or rented to minors. Duty of Care In a case of negligence, the plaintiff must show that the defendant had the duty of care toward them. This duty is due to everyone, but people who operate vehicles owe an even greater obligation to others in their field. This includes ensuring that they do not cause motor vehicle accidents. In courtrooms, the standard of care is determined by comparing the actions of an individual against what a normal individual would do in similar conditions. In the event of medical malpractice expert witnesses are typically required. People with superior knowledge in a certain field may be held to a greater standard of treatment. When a person breaches their duty of care, it may cause harm to the victim and/or their property. The victim must then demonstrate that the defendant's violation of duty caused the damage and injury they sustained. Causation is an important part of any negligence claim. It involves proving the proximate and real causes of the damage and injury. If a person is stopped at an intersection it is likely that they will be struck by another vehicle. If their car is damaged they'll be responsible for repairs. But the reason for the crash might be a cut from a brick that later develops into a potentially dangerous infection. Breach of Duty The second aspect of negligence is the breach of duty by an individual defendant. This must be proved in order to be awarded compensation for a personal injury claim. A breach of duty occurs when the actions of the party at fault do not match what an average person would do in similar circumstances. A doctor, for example, has a number of professional obligations to his patients, which stem from state law and licensing bodies. Drivers are required to protect other motorists as well as pedestrians, and to adhere to traffic laws. If a driver fails to comply with this obligation of care and results in an accident, the driver is liable for the injuries suffered by the victim. Lawyers can use the “reasonable people” standard to prove that there is a duty of caution and then prove that the defendant did not comply with the standard in his actions. The jury will decide if the defendant fulfilled or did not meet the standards. The plaintiff must also prove that the breach by the defendant was the direct cause of the plaintiff's injuries. It is more difficult to prove this than a breach of duty. A defendant might have walked through a red light but that's not what caused your bicycle accident. Causation is often contested in crash cases by defendants. Causation In motor vehicle cases, the plaintiff must establish a causal connection between the defendant's breach of duty and their injuries. For example, if the plaintiff sustained neck injuries as a result of an accident that involved rear-ends and his or her lawyer would argue that the accident caused the injury. Other factors necessary to cause the collision, such as being in a stationary car are not culpable and will not influence the jury’s determination of fault. It could be more difficult to prove a causal link between a negligent act, and the plaintiff's psychological symptoms. The fact that the plaintiff has a an unhappy childhood, a poor relationship with his or her parents, abused alcohol and drugs, or suffered prior unemployment could have a influence on the severity the psychological issues she suffers after a crash, but the courts generally view these factors as an element of the background conditions that caused the accident in which the plaintiff occurred, rather than as an independent reason for the injuries. It is essential to speak with an experienced lawyer should you be involved in a serious car accident. The attorneys 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 developed working relationships with independent doctors with a variety of specialties, expert witnesses in accident reconstruction and computer simulations as well as with private investigators. Damages The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first type of damages covers any monetary expenses that can be easily added to calculate an amount, like medical expenses, lost wages, property repair and even future financial losses, like a diminished earning capacity. New York law also recognizes the right to recover non-economic damages like suffering and pain, as well as loss of enjoyment of life, which cannot be reduced to a dollar amount. These damages must be proved by a wide array of evidence, including depositions of family members and friends of the plaintiff medical records, as well as other expert witness testimony. In cases involving multiple defendants, Courts will often use the concept of comparative negligence to decide the percentage of damages awarded should be divided between them. This requires the jury to determine the degree of fault each defendant was responsible for the accident, and then divide the total damages award by the percentage of the fault. New York law however, does not allow this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by the driver of the vehicles. The resulting analysis of whether the presumption of permissive use applies is not straightforward and typically only a convincing evidence that the owner was explicitly denied permission to operate the vehicle will overcome it.