motor vehicle accident attorney Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. The jury will make this decision on the basis of the evidence they receive.

To be held responsible for personal injury, the defendant has to have been negligent during the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The objective of a claim for motor vehicle accidents is to collect damages from the other party for losses and injuries caused by their negligence. A lawsuit for a car or trucking collision will require that the injured victim prove that the defendant's negligent actions or inactions caused a collision and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the driver at fault or other defendant is liable for your losses. Most auto accidents cases rely on a plaintiff's capacity to demonstrate the liability of their defendant on the principles of tort liability, including a defendant's duty to the plaintiff, the breach by the defendant of the duty, actual and proximate cause, and injuries.

Additionally, a competent lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle may be involved in lawsuits as well. The majority of insurance policies for automobiles include an affirmative guarantee of coverage to anyone driving the vehicle with owner's permission with certain limitations. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually done by providing detailed documentation of the out-of-pocket expenses that were incurred as well as future losses that are expected to result from the injuries suffered. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost income. The second is compensation for more intangible issues like suffering and pain. It is difficult to quantify an amount of money on non-economic damages, such as mental suffering and loss of enjoyment.

Your attorney will assist in the calculation of your damages by making use of a variety of methodologies. This could include retaining accident reconstruction specialists who will analyze photos, police reports and witnesses' statements, and other evidence in order to reconstruct the accident.

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

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. In many instances, it's a crucial issue that your lawyer will need to prove.

Many states have a type of a comparative fault law that allows victims to be compensated even if their share of the blame lies with an accident. However, the amount of their settlement will be lowered by the degree of fault. For example the case where a judge will award you $100,000 for injuries but finds you are 40% at fault, you would be awarded only $60,000.

However, the law is much more complicated than that, because there are two distinct varieties of modified comparative fault rules. The first is referred to as the 50% bar rule, which bars an injured party from receiving damages in cases where 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 they are found to be 99 percent at fault.

Statute of Limitations

In most instances, a person injured in a car accident can file a lawsuit. However the lawsuits must be filed within the period of time, also known as the statute of limitations or the victim's legal claim will be barred and forfeited forever.

The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle the case, and everything to do with the initial triggering event in the case-the accident or incident that caused the injury. Thus, knowing precisely when the clock starts to tick is crucial for the proper application of this important legal rule.

In New York, people who are injured in car accidents generally have three years to bring personal injury lawsuits. In some instances the timeframe can be shortened. For instance, in cases where a minor is involved the statute of limitations is paused until the child becomes emancipated by getting married or reaching age 18, which is usually two years after the date of the accident. There are other exceptions, and an experienced attorney can offer advice on the specifics.

Representation

We have extensive experience providing advice and representation to public agencies as well as utilities on issues related 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, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can assist you in determining the responsible parties in a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies on their 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 apply trial-ready skills to obtain the best possible client outcome which could be a summary decision or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New motor vehicle accident lawyer Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, and relocations.