Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of fault. This is determined by jurors based on evidence presented to them.

In order to be held liable for personal injuries the defendant must have been negligent in the incident. Liability is determined by the extent of negligence that led to the accident.

Liability

The purpose of a motor vehicle accident lawsuits vehicle accident claim is to seek damages for injuries and losses caused by the negligence of another party. If the injured party is not 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 the resulting bodily injury.

An experienced attorney can help you determine whether the driver at fault or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's responsibility by relying on tort liability rules. This includes a defendant’s duty to the victim, defendant's infraction of this duty, direct and real causation and injuries.

A knowledgeable 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 uses the vehicle with the approval of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to prove the damages suffered by a plaintiff. This is typically done by providing detailed documentation of out-of-pocket expenses incurred and also the potential for future losses to result from the injuries that were sustained. These are referred to as economic and non-economic damages.

The former covers things like medical bills and lost income, while the latter covers more intangible things like pain and suffering. Oftentimes, it can be difficult to determine a specific dollar value to non-economic damages like mental stress and loss of enjoyment of life.

Your attorney will assist you in the calculation of your damages through the use of a range of techniques. This could include retaining accident reconstruction experts who look over police reports, photos as well as witnesses' testimony and other evidence in order to reconstruct the accident.

Your attorney will also support your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. This includes cost estimates for the future of care and support, wage projections and other financial factors. These are crucial to ensure you are compensated fully for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system called comparative fault or contributory negligence - defines how much fault an injured person can be accountable for Motor Vehicle Accident in a car accident. In many instances, it's a crucial issue that your lawyer will need to prove.

The majority of states have some form of a comparative fault rule, which permits victims to seek compensation even if have a share of the blame in an accident. But the amount of their settlement will be reduced by their level of fault. If, for example an award of $100,000 is made by a jury for your injuries but finds that you are at least 40 percent responsible, you will only receive $60,000.

But the law is more complicated than that since there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This bar rule blocks an injured person from receiving compensation if they are at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which allows victims to recover damages even if they are found to be at fault.

Statute of limitations

In the majority of cases, a person is injured in a car crash is allowed to file a lawsuit against the person who caused the crash. These lawsuits must, however, be filed within the statute of limitations, or else the victim's claim will be forever barred.

The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case. It's all about the first incident that led to the case, whether it was an incident or accident that caused the injury. Therefore, knowing exactly when the clock will begin to run is crucial in to ensure compliance with this important legal requirement.

In New York, those injured in car accidents have up to three years to make a personal injury claim. In certain cases, this timeline can be shortened. In cases where a child is involved, for example the statute is put on hold until that child is liberated, which is achieved by marrying or reaching the age of 18 usually two years after the accident. Other exceptions exist and experienced attorneys can help you understand the particulars.

Representation

We have significant experience advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as electricity, water, and sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can assist you in determining the parties accountable for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as death by negligence.

Our commercial motor vehicle accident law firms vehicle practice advises manufacturers, national leasing companies, and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and are proactive in managing the discovery process. We also employ trial-ready skills to achieve a favorable client outcome whether it's a summative decision or a favorable decision. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, as well as relocations.