Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are reduced by their percentage of fault. The jury will make this decision according to the evidence presented to them.

To be held accountable for a personal injury, the defendant has to have been negligent in the incident. Liability is determined based on the extent of negligence that led to the accident.

Liability

The purpose of a motor accident claim is to recover damages for injuries and losses caused by another party's negligence. A lawsuit arising out of an auto or trucking crash requires that the victim of the accident prove that the defendant's negligence or inaction caused a collision and the bodily injury that resulted from it.

An experienced attorney can assist you in determining whether the driver who was at fault or another defendant is responsible for your losses. Most auto accident cases turn on the plaintiff's ability to prove their defendant's liability based on the principles of tort liability which include a defendant's obligation to the plaintiff, the defendant's violation of this duty, actual and proximate cause, and injuries.

Additionally, firms a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or owner of the vehicle may be the subject of a lawsuit as well. The majority of insurance policies for automobiles include an affirmative insurance to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses and the loss that is anticipated due to the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things like medical bills and lost earnings, while the latter is a way to compensate for more intangible issues like pain and suffering. It can be difficult to determine the dollar value of non-economic losses, like mental distress and loss of enjoyment in life.

Your lawyer will assist in the calculation of your damages by making use of a range of techniques. This could include retaining accident reconstruction specialists who will review police reports, photographs witness statements, and other evidence to reconstruct the crash.

Your lawyer will also strengthen your claim by providing expert opinions detailing the economic and other impacts of your injuries. This will include estimates of the cost for future care and support as well as wage projections and other financial factors. These are essential to ensure that you're fully compensated for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

A system referred to as comparative fault, also referred to as contributory negligence - determines how much fault an injured person is held responsible for in a car accident. In many cases, it's an important issue that your lawyer will need to prove.

Most states adopt some type of a comparative fault rule, which permits victims to seek compensation even if they are a part of the blame for an accident. But the amount of their settlement will be lowered by their level of blame. So, for example when a jury decides to award you $100,000 for your injuries but finds you are 40 percent at fault, you will be awarded only $60,000.

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

Statute of limitations

In most instances, a person who is injured in a car crash is eligible to file a claim against the party responsible for the crash. However, these lawsuits must be filed within a specific time frame, known as the statute of limitations, or the claim of the victim is deemed to be void and barred forever.

The statute of limitation does not affect whether or the insurance company of the defendant will settle the case. It's all about the first incident that brought about the case, the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is crucial for ensuring compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to make personal injury lawsuits. In some instances, this timeline can be shortened. For instance, in cases where a minor is involved the statute of limitations is suspended until the child becomes fully emancipated through marriage or turning 18 which is usually two years following the accident. Other exceptions exist and experienced lawyers can provide advice on the specifics.

Representation

We have a wealth of experience representing and advising public utilities and public entities in matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We also represent transportation businesses like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the responsible parties for a motor vehicle accident law firms vehicle accident and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics firms on auto accidents and product liability claims. We handle pre-suit evaluations, manage discovery in a proactive manner and apply trial-ready techniques to ensure an optimal client outcome, whether through an informal decision or a favorable final decision. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points, warranty and incentive audits, as well as relocations.