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14 Questions You're Afraid To Ask About Motor Vehicle Legal Motor Vehicle Litigation    If liability is contested then it is necessary to bring a lawsuit. The defendant then has the opportunity to respond to the complaint.    New York follows pure comparative fault rules, which means that should a jury find that you are responsible for causing the accident the damages awarded will be reduced by your percentage of negligence. This rule is not applicable to owners of vehicles which are rented out or leased to minors.    Duty of Care    In a negligence suit the plaintiff has to prove that the defendant was obligated to act with reasonable care. This duty is owed by all people, however those who drive a vehicle owe an even higher duty to others in their field. This includes not causing accidents in motor vehicles.    In courtrooms the standard of care is established by comparing an individual's behavior to what a normal person would do in similar situations. Expert witnesses are frequently required in cases of medical malpractice. Experts with a higher level of expertise in a particular field may be held to the highest standards of care than other people in similar situations.    When a person breaches their duty of care, it could cause injury to the victim or their property. The victim must then prove that the defendant's breach of duty caused the damage and injury they have suffered. Causation proof is a crucial aspect of any negligence case, and it involves looking at both the actual reason for the injury or damages and the proximate cause of the injury or damage.    For instance, if a driver runs a red light and is stopped, they will be hit by a vehicle. If their vehicle is damaged, they'll be accountable for repairs. The cause of a 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 proved to obtain compensation in a personal injury lawsuit. A breach of duty occurs when the actions of the person at fault are not in line with what an ordinary person would do in similar circumstances.    For example, a doctor is required to perform a number of professional duties for his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and obey traffic laws. A driver who breaches this obligation and results in an accident is responsible for the injuries suffered by the victim.    A lawyer may use the "reasonable persons" standard to prove that there is a duty of care and then show that the defendant did not comply with this standard in his conduct. motor vehicle accident lawsuit indiana is a matter of fact for the jury to decide if the defendant fulfilled the standard or not.    The plaintiff must also establish that the defendant's breach of duty was the primary cause of his or her injuries. This can be more difficult to prove than the existence of a duty or breach. For instance it is possible that a defendant crossed a red line, but the action was not the primary cause of your bike crash. In this way, causation is frequently disputed by defendants in collision cases.    Causation    In motor vehicle cases, the plaintiff must establish a causal link between the defendant's breach of duty and the injuries. For instance, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends the lawyer could argue that the collision was the cause of the injury. Other factors that are necessary to produce the collision, like being in a stationary car, are not considered to be culpable and therefore do not affect the jury's decision of the liability.    It may be harder to establish a causal relationship between a negligent act and the psychological issues of the plaintiff. It may be that the plaintiff has a troubled background, a strained relationship with their parents, or is a user of alcohol or drugs.    It is important to consult an experienced attorney if you have been involved in a serious motor vehicle accident. 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 developed working relationships with independent medical professionals in a wide range of specialties, expert witnesses in accident reconstruction and computer simulations, and with private investigators.    Damages    In motor vehicle litigation, a person can get both economic and non-economic damages. The first type of damages is the costs of monetary value that are easily added together and calculated as a total, such as medical treatments or lost wages, repair to property, or even a future financial loss, for instance a diminished earning capacity.    New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment of life are not able to be reduced to money. These damages must be established through extensive evidence such as depositions of family members or friends of the plaintiff medical records, as well as other expert witness testimony.      In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine how much of the damages awarded should be divided between them. The jury must determine how much responsibility each defendant incurred in the accident and then divide the total damages award by the percentage of the fault. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the rule of comparative negligence in cases where injuries are sustained by the drivers of cars or trucks. The method of determining if the presumption is permissive is complex. Typically it is only a clear evidence that the owner refused permission for the driver to operate the vehicle can overcome the presumption.