Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are diminished by their percentage of fault. This is determined by the jury on the basis of evidence presented to them.

To be liable for an injury the defendant must be negligent at the time of the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The purpose of a accident claim is to collect damages for injuries and Firms losses resulting from the negligence of another party. A lawsuit arising out of an auto or trucking accident will require that the victim of the accident prove that the defendant's negligent actions or failure to act caused a collision and the resulting bodily injury.

An experienced attorney can help you determine if the at-fault driver or other defendant is liable for your losses. Most auto accident cases turn on a plaintiff's ability prove their defendant's liability based on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the breach by the defendant of this duty, the real and proximate causation and injuries.

A experienced lawyer can assist with analyzing liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit as well. The majority of automobile insurance policies provide coverage to anyone who uses the vehicle with the consent of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

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

The former covers things such as medical bills and lost earnings, while the latter is compensation for more intangible issues like pain and suffering. Oftentimes, it can be difficult to assign an exact value to non-economic losses like mental distress and loss of enjoyment of life.

Your lawyer will assist to calculate the damages you have suffered through a variety of ways. This includes hiring experts in reconstruction of accidents who review photographs of the scene police reports, witness testimony, and other evidence to determine how the accident occurred.

Your attorney will also bolster your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for future care and support as well as wage projections and other financial aspects. These are necessary in order to ensure that you're fully compensated for the loss you've suffered and will suffer in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. In many instances, it's a crucial aspect that your lawyer will have to prove.

Most states have a form of comparative fault rule which allows victims to be compensated even if a portion of the blame is attributed to an accident. However, the amount of their settlement will be reduced based on their level of fault. For instance, if the jury awards $100,000 for your injuries, and then determines that you are 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 an injured party from receiving compensation if they're responsible for more than 50 percent. It is a rule that is followed by several states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they are found to be 99 per cent at fault.

Statute of limitations

In the majority of situations, a person is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. These lawsuits must, however, be filed within the statute of limitations, or else the victim's claim will be barred forever.

The statute of limitations does not affect whether or the insurance company of the defendant will settle the case. It is focused on the primary event that triggered the case, the incident or accident that caused the injury. The exact time at which the clock begins to tick is vital for complying with this important rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. In certain instances this time frame can be shortened. For instance, in cases where a minor is involved, the time limit for a lawsuit is suspended until the child becomes emancipated by getting married or reaching age 18, which is typically two years after the accident. There are other circumstances, and a seasoned attorney can offer advice on the particulars.

Representation

We have years of experience representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as electric, gas, and water/sewer services. We also represent transportation companies like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor car accident situation, we can identify the responsible parties and support you in your quest for compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicle accident lawsuits vehicles provides advice to manufacturers national leasing companies, and national logistics firms on product liability and automobile accidents claims. We handle pre-suit evaluations, proactively manage discovery and apply trial-ready skills for an optimal outcome for the client, whether through an informal decision or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident lawsuit vehicle, motorcycle, and truck dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, as well as relocations.