Motor Vehicle Litigation

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

To be held accountable for a personal injury the defendant must be negligent during the incident. The degree of liability is determined by degree of negligence which contributed to the accident.

Liability

The goal of a claim for motor vehicle accidents is to recover damages from the party who caused the injuries and losses that were caused by their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit must prove that the negligence of a defendant or inaction resulted in a collision, and an injury to the body.

An experienced lawyer can help you determine if the at-fault driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability to prove their defendant's liability based on the principles of tort liability and include a defendant's duty to the plaintiff, the breach by the defendant of the duty, real and proximate causation and injuries.

Additionally, a competent lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle could be the subject of a lawsuit as well. Most automobile insurance policies grant coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses and the loss that is anticipated due to the injuries suffered. These are known as economic and non-economic damages.

The former covers things like medical bills and lost income while the second is compensation for things that are more intangible like suffering and pain. It is difficult to determine the dollar value of non-economic losses, like mental distress and loss of enjoyment in life.

Your attorney will assist in calculating your damages through the use of a variety of methodologies. This includes hiring experts in the field of accident reconstruction who look at photographs of the scene, police reports, witness testimony, and other evidence to reconstruct how the crash occurred.

Your lawyer will also help your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections, and other financial aspects. These are essential in order to ensure you're completely compensated for any losses you've suffered and will continue to be afflicted in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence - determines the extent to which an injured party can be held responsible for a car crash. In many instances, it's a crucial issue that your attorney will need to prove.

Most states adopt some version of a a comparative blame rule that allows victims to claim compensation even if they have a share of the blame in an accident. The amount of compensation will be determined by their level of blame. For instance the case where a judge decides to award you $100,000 for your injuries but finds you are 40 percent in the wrong, you'd only get $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This bar rule blocks an injured person from receiving compensation if they're responsible for more than 50%. This is the practice of several states, including Colorado and Utah. The other type is pure comparative fault. It allows victims to claim damages even if found to be at fault.

Statute of limitations

In most instances, the person who was injured in a car accident can sue. However, these lawsuits must, be filed within a certain timeframe of limitations or else the claim of the victim is forever barred.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle it, and has it is all about the initial triggering event in the case-the incident or accident which caused the injury. Therefore, knowing exactly when the clock begins to tick is crucial for to ensure compliance with this important legal rule.

In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. This time frame may be cut down in some circumstances, however. For instance, in cases where a minor is involved the time limit for a lawsuit is suspended until the child becomes free by marrying or turning 18 which is usually two years following the accident. There are exceptions to this and seasoned lawyers can provide advice on the specifics.

Representation

We have extensive experience in advising and representing public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as water, electricity and sewer services. We also represent transportation entities including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases concerning rates, fees, and service.

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 tractor-trailer truck crashes and car accidents, including the cases of wrongful death.

Our commercial motor vehicle practice advises manufacturers, national leasing companies, and Motor vehicle Accident national logistics companies on the subject of product liability and automobile accident claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready techniques to ensure a favorable client outcome which could be a summary resolution or a favorable final decision. Our team regularly counsels franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represent them in New motor vehicle accident lawsuit Vehicle Board protests that involve terminations of dealerships, the addition of points, warranty and incentive audits, as well as relocations.