motor vehicle accident law firms Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's damages award is lowered by their percentage of fault. This is decided by the jury based on the evidence presented to them.

To be held liable for injuries, the defendant must be negligent at the time of the incident. Liability is determined by the extent of negligence that led to the accident.

Liability

The purpose of a accident claim is to recover damages for the damages and injuries caused by another party's negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit requires that a defendant's careless actions or inaction resulted in a collision, and an injury to the body.

An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's ability prove their defendant's liability based on the traditional tort liability rules and include a defendant's duty to the plaintiff, the defendant's violation of this duty, real and proximate causation and injuries.

A competent lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle with the approval of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses which are incurred, and also future loss that will be expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things such as medical bills and lost income, while the latter is compensation for things that are more intangible like pain and suffering. It is difficult to put an amount in dollars for the non-economic damage, such as mental suffering and loss of enjoyment in life.

Your attorney will assist you in formulating your damages with the use of a variety of methods. This includes hiring experts in the field of accident reconstruction who examine photographs of the scene police reports, witness testimony, and other evidence to reconstruct the way in which the accident took place.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. This will include estimates of the cost for care and support in the future, wage projections and other financial aspects. They are required in order to ensure that you're fully compensated for the losses you have incurred and will encounter in the near future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence, determines the amount of fault an injured person can be held responsible for a car crash. It's a key issue in a variety of cases and one that your attorney could be required to prove.

Most states adopt some type of a comparative fault rule that allows victims to seek compensation even if they have a share of the blame in an accident. The amount of the settlement will be based on the level of fault. For instance, if a jury awards $100,000 for your injuries, and then determines that you're 40 percent responsible, you'll only receive $60,000.

However, the law is much more complicated than that since there are two distinct forms of modified comparative fault rules. The first is referred to as the 50 bar rule, which prevents the victim from claiming damages when they are more than 50% at fault. It is used by several states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to recover damages if they're found to be 99 percent responsible.

Statute of Limitations

In most instances, the person who was injured in a car accident can sue. However, these lawsuits must be filed within the statute of limitations, or else the claim of the victim is forever barred.

The statute of limitations does not have anything to have anything to do with whether the insurer of the defendant will settle it, and has it is all about the triggering event that initiated the case-the incident or accident that led to the injury. So, knowing exactly when the clock begins to run is crucial in ensuring compliance with this important legal rule.

In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In certain instances this time frame can be shortened. If a child is involved, such as the statute is suspended until that child is free, which is achieved by marrying or reaching the age of 18 typically two years after the accident. There are other exceptions, and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation businesses like taxicabs trucking companies and limousines, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor car accident situation, we can determine the parties at fault and support you in your pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, attorneys which include fatalities caused by negligence.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on their product liability and automobile accident claims. We manage pre-suit assessments and proactively manage the discovery process. We also apply trial-ready techniques to ensure a favorable client outcome which could be a summary disposition or favourable final verdict. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.