Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage fault. The jury decides this in accordance with the evidence presented to them.

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 the negligence contributed to the accident.

Liability

The purpose of a vehicle accident claim is to recover damages for the injuries and losses caused by the negligence of another party. A lawsuit for an auto or trucking accident will require that the victim's claim be proven that the defendant's negligent acts or inactions 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. The majority of auto accident cases are based on a plaintiff's ability prove their defendant's liability based on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, actual and proximate causation, and injuries.

A experienced lawyer can assist with determining liability in situations where the insured driver or the owner of the vehicle might be the subject of lawsuits as well. The majority of automobile insurance policies provide coverage to any person who drives the vehicle with the consent of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses that are incurred, as well as the future loss expected due to the injuries sustained. These are known as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles like pain and suffering. It is often difficult to assign an exact dollar value to damages that are not economic like mental stress and loss of enjoyment life.

Your attorney will assist you calculate your damages through a variety of ways. This includes retaining experts in accident reconstruction who will analyze photos of the scene, police reports, witness testimony, and other evidence to understand the way in which the accident took place.

Your lawyer will also support your claim with expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for future care and support along with wage projections and other financial considerations. They are crucial to ensure that you're fully compensated for any losses you've suffered and will continue to experience in the near future.

Comparative Fault

In the event of a car crash, a system known as comparative blame (or contributory negligence) determines the amount of fault that an injured party is responsible for. In many instances, it's a crucial issue that your lawyer must prove.

Most states have a form of comparative fault rule that allows victims to receive compensation regardless of whether their part of the blame lies with an accident. But the amount of their settlement will be lowered by their level of fault. If, for example an appeals court awards $100,000 for your injuries, but decides that you're at 40 percent responsible, you will only receive $60,000.

However, the law is much more complicated than that as there are two distinct types of modified comparative fault rules. The first is the 50% bar rule. This rules out the injured party from receiving compensation if they are at fault for more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault. It allows victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In most instances, a person injured involved in a car accident may sue. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations or the victim's legal claim is forfeited and barred for ever.

The statute of limitations does not affect whether or not an insurance company for the defendant will settle the case. It's all about the first event that initiated the case, the incident or accident that caused the injury. So, knowing exactly when the clock begins to run is crucial in the proper application of this important legal rule.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. In some cases this time frame can be reduced. If a child is involved, for example the statute is suspended until that child is liberated, which is achieved by marrying or reaching the age of 18 usually two years after the incident. There are other exceptions, and an experienced lawyer can advise on the specifics.

Representation

We have a wealth of experience in providing advice and representation to 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, motor Vehicle Accident lawsuits water, motor vehicle accident Lawsuit 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 assist you in determining the parties accountable for accidents involving motor vehicle accident law firms vehicles and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle practice offers advice to national leasing companies and national logistics companies regarding product liability and auto accident claims. We handle pre-suit assessments and actively manage the discovery process. We also use trial-ready techniques to ensure an acceptable client outcome whether it's a summative decision or a favorable final decision. Our team assists franchised motor vehicles and motorcycle dealers on issues related to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs, as well as relocations.