Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's damages are reduced by the percentage of the fault. The jury will make this decision on the basis of the evidence presented to them.

To be held liable for personal injuries the defendant must have been negligent during the incident. The degree of liability is determined by the degree to which negligence contributed to the accident.

Liability

The objective of a claim for motor vehicle accidents (Suggested Browsing) is to recover damages from the party who caused the losses and injuries caused by their negligence. A lawsuit for a car or trucking crash requires that the injured victim prove that the defendant's negligent actions or motor vehicle accidents inaction resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can help you determine the fault of the driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's responsibility based on tort liability principles. This includes a defendant’s obligation to the victim, a defendant's violation of this duty direct and immediate causation as well as injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle could be the subject of a lawsuit as well. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle with the approval of the owner, with certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses which are incurred, and also future losses that are anticipated due to the injuries sustained. These are referred to as economic and non-economic damages.

The first is for things like medical expenses and lost income as well as compensation for intangibles, such as suffering and pain. Sometimes, it is difficult to determine a specific dollar value to non-economic damages such as mental anxiety and the loss of enjoyment life.

Your attorney will assist to calculate the damages you have suffered using a variety methods. This may include retaining accident reconstruction specialists who will review police reports, photographs witness statements, and other evidence to reconstruct the crash.

Your lawyer will also support your claim with expert opinion detailing the economic and non-economic effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial factors. These are vital in order to ensure you're fully compensated for any loss you've suffered and continue to suffer in the future.

Comparative Fault

In a car wreck, a system known as comparative blame (or contributory negligence) determines the amount of fault an injured person is responsible for. In many instances, it's a crucial issue that your attorney will have to prove.

Many states have a type of comparative fault rule which allows victims to be compensated even if a portion of the blame lies with an accident. But the amount of their settlement will be lowered by their level of blame. For instance, if a jury awards $100,000 for your injuries, but determines that you are at least 40 percent responsible, you will only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is the 50 bar rule. This prevents the injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that adhere to this rule. Another variation, known as pure comparative negligence, allows victims to seek damages if they are found to be 99% responsible.

Statute of Limitations

In most instances, a person who is injured in a car crash is eligible to file a claim against the person responsible for the crash. These lawsuits must, however be filed within the statute of limitations, or else the claim of the victim will be forever barred.

The statute of limitations has nothing to be concerned with whether or not the defendant's insurance company will settle it, motor vehicle accidents and has everything to do with the trigger event in the case-the accident or incident that led to the injury. The exact time at which the clock starts to tick is vital for compliance with this important rule.

In New York, people who are injured in car crashes generally have three years to bring personal injury lawsuits. In certain cases the timeframe can be shortened. For instance, in situations where minors are involved the time limit for a lawsuit is suspended until the child becomes free by marrying or turning 18 which typically takes two years after the date of the accident. There are other exceptions and experienced lawyers can help you understand the particulars.

Representation

We have years of experience representing utilities and public entities in matters involving motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as electric, water and gas services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues regarding rates, services and charges.

In a motor car accident case, we can help determine the parties at fault and assist you in your pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, which include the wrongful deaths.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies on car accidents and product liability claims. We manage pre-suit assessment and assist in the discovery process. We also use trial-ready expertise to achieve an outcome that is favorable to the client which could be a summary resolution or a favorable final verdict. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers on issues related to factory-dealer relations and represents them at New motor vehicle accident Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.