Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will make this decision on the basis of the evidence they receive.

To be liable for a personal injury the defendant must be negligent at the time of the incident. Liability is determined by the degree to which negligence caused the accident.

Liability

The purpose of a accident claim is to seek damages for the injuries and losses resulting from the negligence of a third party. Unless the victim is in one of the few states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit must prove that the defendant's negligent actions or inaction resulted in a collision, and injuries to the body.

An experienced attorney can help you determine if the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases are based on the plaintiff's ability 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 that duty, causality that is actual and proximate, and injuries.

A experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle could be involved in lawsuits as well. The majority of insurance policies for automobiles include an affirmative grant of coverage for anyone who is driving the vehicle with owner's permission, subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses and future loss that will be expected as a result of the injuries sustained. These are known as economic and noneconomic damages.

The former covers things like medical bills and lost earnings, Vimeo while the latter covers more intangible things such as suffering and pain. Oftentimes, it can be difficult to assign a precise dollar value to damages that are not economic like mental stress and loss of enjoyment of life.

Your lawyer will assist in the calculation of your damages by making use of a variety of methods. This includes retaining experts in accident reconstruction who will examine photos of the scene, police reports, witness testimony and other evidence to reconstruct the way in which the accident took place.

Your attorney will also be able to support your claim by getting expert opinions that detail the economic and non-economic consequences of your injuries. These will include estimates of future healthcare and support costs, wage projections, and other financial factors. These are essential to ensure you are fully compensated for the loss you've suffered and will be able to recover in the future.

Comparative Fault

In a car wreck, a system called comparative fault (or contributory negligence) determines the degree of fault an injured person is responsible for. It's an important issue in many cases and something your lawyer may be required to prove.

The majority of states have some form of a comparative fault rule, which allows victims to seek compensation even if they share in the blame for an accident. The amount of compensation will be determined by the level of fault. For instance when a jury awards you $100,000 for your injuries but finds you are 40% in the wrong, you'd be awarded only $60,000.

However, the law is much more complicated than that, as there are two distinct varieties of modified comparative fault rules. The first is the 50 bar rule. This rule prevents an injured party from receiving compensation if they are responsible for vimeo more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other variant, called pure comparative negligence, permits victims to seek damages in the event that they're found to be 99 percent at fault.

Statute of limitations

In most instances, an individual who has been injured who is injured in a car crash may file a lawsuit. These lawsuits must, however, 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 insurer of the defendant will settle the case, and it is all about the initial triggering event in the case, which is the incident or accident that caused the injury. The exact time at which the clock starts to run is essential for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. In some instances this time frame can be reduced. For example, in cases where a minor is involved, the statute of limitations is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is usually two years after the date of the accident. There are other exceptions, and a skilled attorney can give advice on the specifics.

Representation

We have extensive experience advising and representing public entities and utilities on matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and fees.

We can help you determine the parties responsible for accidents involving motor vehicles 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 commercial motor vehicle practice provides advice to manufacturers, national leasing companies, as well as national logistics companies about car accidents and product liability claims. We manage pre-suit assessment as well as proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients whether it's through a an informal disposition or a favorable final verdict. Our team counsels franchised twin lakes motor vehicle accident attorney vehicles and motorcycle dealers on issues relating to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.