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motor vehicle accident lawsuit san diego is required in cases where liability is challenged. The Defendant will then have the chance to respond to the complaint. New York follows pure comparative fault rules which means that when a jury finds you responsible for a crash, your damages award will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles hired or leased by minors. Duty of Care In a negligence case, the plaintiff must show that the defendant had the duty of care towards them. The majority of people owe this obligation to everyone else, but those who sit behind the car have a greater obligation to other people in their field of operation. This includes ensuring that they do not cause accidents in motor vehicles. Courtrooms evaluate an individual's behavior to what a typical person would do in the same circumstances to determine reasonable standards of care. In the event of medical malpractice expert witnesses are typically required. Experts who have a superior understanding of a specific area may also be held to an higher standard of care than other people in similar situations. A breach of a person's duty of care can cause injury to a victim or their property. The victim has to prove that the defendant breached their duty and caused the harm or damages they sustained. Causation is an essential element of any negligence claim. It requires proving both the actual and proximate causes of the damage and injury. For instance, if someone is stopped at a red light, it's likely that they will be hit by a vehicle. If their car is damaged they will be responsible for the repairs. The actual cause of a crash could be a brick cut that causes an infection. Breach of Duty A breach of duty by a defendant is the second element of negligence that must be proved to obtain compensation in a personal injury claim. A breach of duty happens when the at-fault party's actions are not in line with what an average person would do in similar circumstances. For instance, a physician has several professional obligations to his patients that are governed by state law and licensing boards. Drivers are obliged to be considerate of other drivers and pedestrians, and respect traffic laws. If a driver violates this duty of care and causes an accident, he is responsible for the injury suffered by the victim. A lawyer can rely on the “reasonable person” standard to prove the existence of the duty of care and then prove that the defendant failed to meet the standard in his actions. The jury will decide if the defendant met or did not meet the standard. The plaintiff must also demonstrate that the breach by the defendant was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For instance an individual defendant could have run a red light but his or her action was not the primary reason for your bicycle crash. The issue of causation is often challenged in a crash case by defendants. Causation In motor vehicle cases the plaintiff must establish that there is a causal connection between the breach of the defendant and the injuries. For example, if the plaintiff suffered an injury to the neck as a result of an accident that involved rear-ends, his or her lawyer will claim that the collision caused the injury. Other factors that are necessary to produce the collision, such as being in a stationary vehicle, are not considered to be culpable and therefore do not affect the jury's decision of the liability. It could be more difficult to establish a causal relationship between an act of negligence and the plaintiff's psychological problems. It could be because the plaintiff has a troubled past, has a bad relationship with their parents, or has used drugs or alcohol. If you have been in an accident involving a motor vehicle that was serious It is imperative to consult with an experienced attorney. Arnold & Clifford LLP attorneys have years of experience in representing clients in motor vehicle accidents commercial and business litigation, and personal injury cases. Our lawyers have established working relationships with independent doctors in different specialties, as well as expert witnesses in computer simulations and reconstruction of accidents. Damages The damages that a plaintiff can recover in a motor vehicle case include both economic and non-economic damages. The first category of damages is all monetary costs which can easily be summed up and calculated into an overall amount, including medical treatments as well as lost wages, repairs to property, and even financial loss, for instance the loss of earning capacity. New York law recognizes that non-economic damages like suffering and pain, and loss of enjoyment, cannot be reduced to financial value. These damages must be proved through extensive evidence such as depositions from family members and friends of the plaintiff medical records, as well as other expert witness testimony. In cases where there are multiple defendants, courts will typically apply the rules of comparative fault to determine the amount of damages that should be divided between them. The jury must determine the amount of fault each defendant was at fault for the accident and to then divide the total damages awarded by the percentage of blame. New York law however, does not permit this. 1602 specifically exempts owners of vehicles from the comparative fault rule in relation to injuries sustained by drivers of the vehicles. The analysis to determine whether the presumption is permissive or not is complicated. Typically the only way to prove that the owner did not grant permission to the driver to operate the vehicle will be sufficient to overturn the presumption.