Motor Vehicle Litigation

In most motor vehicle accident lawsuits vehicle crash lawsuits, the plaintiff’s damages are reduced by their percentage of fault. The jury will decide this on the basis of the evidence they are presented.

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The degree of liability is determined by the degree to which negligence contributed to the accident.

Liability

The goal of a motor accident claim is to collect damages for the injuries and losses resulting from the negligence of another party. Unless the injured victim lives in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit must prove that the defendant's negligent actions or inaction caused a collision with corresponding bodily injury.

An experienced attorney can assist you in determining if the driver at fault or another defendant is responsible for your losses. The majority of auto accident cases hinge on a plaintiff's capacity to establish their defendant's liability based on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the defendant's breach of that duty, causality that is actual and proximate, and injuries.

A knowledgeable lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle with the permission of the owner, with certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses and the loss that is expected due to the injuries sustained. These are known as economic and noneconomic damages.

The former covers things like medical bills and lost income, while the latter is a way to compensate for more intangible issues like pain and suffering. Sometimes, it is difficult to assign an exact value to non-economic losses like mental stress and loss of enjoyment life.

Your attorney will assist you in the calculation of your damages through the use of a variety of methods. This includes retaining experts in reconstruction of accidents who analyze photographs of the scene police reports, witness testimony and other evidence to understand how the accident occurred.

Your attorney will also bolster your claim with expert opinion detailing the economic and non-economic impacts of your injuries. These will include estimates of costs for future care and assistance along with wage projections and other financial factors. They are crucial to ensure that you're fully compensated for any loss you have suffered and will continue to suffer in the future.

Comparative Fault

A system called comparative fault - or contributory negligence - determines the extent to which an injured person could be held responsible for a car crash. In many cases, it's an important issue that your lawyer must prove.

Most states adopt some form of a comparative fault rule, which allows victims to seek compensation even if share in the blame for an accident. However, the amount of their settlement will be lowered by their level of blame. For instance when a jury will award you $100,000 for injuries but finds you are 40% at fault, you would only get $60,000.

There are actually two different types of modified comparative fault rules. The first is known as the 50% bar rule, which bars the victim from claiming damages if they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. The other type is pure comparative fault, which allows victims to claim damages even if found to be at fault.

Statute of Limitations

In the majority of instances, an individual who has been injured in a car accident can bring a lawsuit. However these lawsuits must be filed within a specified time frame, known as the statute of limitations or the claim of the victim is deemed to be void and Motor Vehicle Accident Lawsuits barred forever.

The statute of limitations has nothing to do whether or the insurance company of the defendant will settle the case. It is all about the initial incident that led to the case, or the incident or accident which caused the injury. Calculating the exact time that the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. This time frame may be cut down in certain circumstances, but. In cases where a minor is involved, such as the statute is suspended until the child becomes liberated, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and a knowledgeable attorney can provide advice on the specifics.

Representation

We have extensive experience in consulting and representing public entities and utilities in 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, water and gas services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and fees.

We can assist you in determining the parties responsible for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial motor vehicle accident attorney vehicles advises manufacturers, national leasing companies, and national logistics companies on the subject of product liability and auto accident claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready skills to achieve the best possible client outcome whether it's a summative decision or a favorable verdict. Our team regularly counsels franchised motor vehicle accident lawsuit vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranty and incentive audits, and relocations.