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Motor Vehicle Litigation If the liability is challenged, it becomes necessary to file a lawsuit. motor vehicle accident lawyer kansas will then have the chance to respond to the complaint. New York has a pure comparative negligence rule. This means that, in the event that a jury determines that you were at fault for an accident the amount of damages you will be reduced according to your percentage of fault. This rule does not apply to owners of vehicles rented out or leased to minors. Duty of Care In a negligence suit the plaintiff must show that the defendant owed them a duty to exercise reasonable care. The majority of people owe this obligation to everyone else, however individuals who get behind the wheel of a motor vehicle are obligated to other people in their field of activity. This includes ensuring that they do not cause accidents with motor vehicles. In courtrooms the standards of care are determined by comparing an individual's actions to what a normal person would do in similar conditions. This is why expert witnesses are often required when cases involve medical malpractice. People with superior knowledge in a certain field may be held to a higher standard of medical care. When a person breaches their duty of care, it can cause damage to the victim as well as their property. The victim must then establish that the defendant's breach of duty caused the damage and injury they have suffered. Causation is a key element of any negligence claim. It involves proving the proximate and real causes of the damages and injuries. For instance, if a driver runs a red stop sign and is stopped, they'll be hit by another car. If their vehicle is damaged, they will have to pay for the repairs. The actual cause of a crash could be a brick cut which develops into an infection. Breach of Duty The second element of negligence is the breach of duty by the defendant. The breach of duty must be proved in order to obtain compensation for personal injury claims. A breach of duty is when the actions taken by the at-fault person do not match what an ordinary person would do under similar circumstances. For instance, a doctor is required to perform a number of professional duties for his patients stemming from state law and licensing boards. Motorists owe a duty of care to other motorists and pedestrians on the road to drive safely and observe traffic laws. When a driver breaches this duty of care and results in an accident, he is liable for the victim's injuries. A lawyer can use the “reasonable person” standard to establish the existence of an obligation of care. The lawyer must then demonstrate that the defendant failed to satisfy the standard through his actions. It is a matter of fact for the jury to decide if the defendant was in compliance with the standard or not. The plaintiff must also establish that the defendant's breach of duty was the primary cause for the injuries. It is more difficult to prove this than a breach of duty. 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 a crash case by defendants. Causation In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. If the plaintiff sustained an injury to the neck in a rear-end collision the attorney for the plaintiff will argue that the crash was the cause of the injury. Other elements that are required in causing the collision like being in a stationary car, are not culpable and do not affect the jury's determination of the liability. For psychological injuries, however, the link between negligence and the injured plaintiff's symptoms could be more difficult to establish. It may be the case that the plaintiff has a troubled past, has a bad relationship with their parents, or is a user of alcohol or drugs. If you have been in an accident that is serious to your vehicle, it is important to consult an experienced attorney. Arnold & Clifford LLP attorneys have years of experience representing clients in motor vehicle accident cases, business and commercial litigation, and personal injury cases. Our lawyers have developed working relationships with independent medical professionals in a range of specialties as well as expert witnesses in accidents reconstruction and computer simulations, as well as with private investigators. Damages In motor vehicle litigation, a plaintiff can seek both economic and noneconomic damages. The first type of damages covers all financial costs that are easily added together and then calculated into the total amount, which includes medical expenses and lost wages, repairs to property, and even the possibility of future financial loss, like diminished earning capacity. New York law also recognizes the right to seek non-economic damages, such as pain and suffering and loss of enjoyment, which cannot be reduced to a monetary amount. However the damages must be proven to exist through extensive evidence, such as deposition testimony from the plaintiff's close family members and friends medical records, deposition testimony, and other expert witness testimony. In cases involving multiple defendants, Courts will often use rules of comparative negligence to determine the percentage of damages awarded should be split between them. The jury has to determine the percentage of fault each defendant carries for the incident and then divide the total amount of damages awarded by the same percentage. However, New York law 1602 specifically exempts owners of vehicles from the comparative fault rule with respect to injuries suffered by driver of the vehicles. The process to determine if the presumption is permissive or not is complex. Typically it is only a clear evidence that the owner refused permission to the driver to operate the vehicle can be sufficient to overturn the presumption.