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In the majority of motor vehicle accident vehicle cases, you are able to recover the New York State minimum of $25,000 or $50,000 in damages for injuries or property damage. The situation gets more complicated when you sue someone other than the driver or the owner of the vehicle.
For example under New York's strict fault rule of comparative negligence, you could potentially recover from multiple at-fault parties. The question is if the other parties are rental car companies or leasing entities.
Identifying the At-Fault Party
The first step in identifying the at-fault party in a motor car accident is examining evidence from the scene of the collision. A police officer investigating the accident will speak with all drivers, passengers and witnesses in order to get the full story. These facts will be used to create an official police report, and can be used to determine who was at fault.
It is also beneficial to examine any damage to the vehicles involved in the crash. For instance when you were hit by a driver the rear car's bumper damage is likely to provide a narrative that is unambiguous as to who was responsible in the crash.
In New York, a state with no-fault insurance, the person at fault is liable to pay for medical expenses and lost wages to the policy limits. If you suffer an injury that is deemed by the state as being serious, such as loss of a limb, significant impairment of your body, disfigurement or death it is possible to recover more comprehensive damages by filing a lawsuit against the at fault party.
The legal process for suing car accidents that occur within New York requires a thorough understanding of state law and other statutes, such as CPLR SS 388, which imposes vicarious liability on owners of vehicles for the carelessness of drivers operating their vehicles with their permission. This is a rebuttable presumption and evidence from both sides will be examined to determine whether the owner had the driver's explicit or implied permission at the time of the accident.
Collecting evidence
In any legal proceeding, evidence is everything. It includes witness testimony, photos physical evidence, as well as evidence. The more evidence you have, the better your chances of winning. Car accident cases are no exception. It is crucial to gather the right evidence in order to establish a solid case. This starts by collecting the facts as soon as possible after the incident.
If you're physically able to do so, take pictures of the scene of the crash as soon as possible, including any skid marks, vehicle damage and other debris. Keep track of the date, time and location of the accident. It is crucial to have this information in case you require access to traffic or security camera footage to help in your case.
Depositions and interrogatories are a different method to gather evidence. Interrogatories are written questions to which the other party must answer under oath within a certain period of time. A deposition is out-of-court testimony that's typically recorded and transcribed by a court reporter. Depositions can reveal vital details about an accident as well as the other parties.
It is also essential to speak to anyone who was present at the incident, especially when they are willing to make a statement. Neutral witnesses are often more convincing than witnesses with an financial stake in the outcome of an investigation. This is especially true for accident involving hit and run where a driver may not be immediately caught.
Inquiring about the testimony of witnesses
If witnesses were present at the scene of the crash, they're likely to testify in your case. Sometimes, witnesses won't provide their testimony. In these cases your lawyer might have to resort to obtaining an order of subpoena to legally demand their testimony.
There are various kinds of expert witness testimony that are frequently used in car accident cases. They include medical professionals and experts in reconstruction. Experts in accident reconstruction are armed with years of experience and education which allows them to study the evidence and offer their opinion on the cause of an accident. Medical professionals are experts of the human body as well as injuries. A radiologist or physician for instance, can verify the severity and nature of your injuries. They can also provide CT scan or MRI results.
Another important kind of expert is a vocational expert. They can provide valuable insight into how your injuries affected your life and career. They could, for example describe how your injuries have prevented you from performing certain tasks at work. They can also help a juror understand the full impact of your losses.
Expert Witness Testimony
Expert witness testimony is the key to winning the case. When we think of experts, we think of long, telecast court battles with flamboyant experts who provide last-minute details that make the difference between winning and a loss. While it is true that experts can be a major factor in an argument, their evidence should be supported by specific scientific data and analysis, and should include an exhaustive review of the facts.
There are many kinds of expert witnesses that can help in your case, according to the type of accident that you are facing. For instance, in car accident cases experts who is trained in accidents may draw on their experience and training to offer insight into the cause of the accident and its causes. Experts in this field can also provide technical information about automobiles that might be difficult for jurors to comprehend.
Experts can also testify in personal injury cases about the extent of your injuries and how they'll affect you going forward. For example, an economist can make an account of your financial losses that you will experience as a result of the accident, which could include future loss of income and household expenses out of pocket.
In general experts' testimony can only be admitted when it adds value to your case. Therefore, it is essential to work closely with your lawyer in order to select the right expert for your particular case.
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