Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's award is reduced by their percentage of the fault. The jury decides this in accordance with the evidence they are presented with.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. The degree of liability is determined by the extent to which negligence contributed to the accident.

Liability

The purpose of a claim for motor vehicle accidents is to collect damages from the other party to compensate for injuries and losses that were caused by their negligence. A lawsuit arising out of an auto or trucking collision will require that the victim of the accident prove that the negligent actions of the defendant or inaction led to a collision, and the bodily injury that resulted from it.

An experienced attorney can assist you in determining whether the person at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's guilt using tort liability principles. This includes a defendant's obligation to the victim, the defendant’s infraction of this duty, direct and real causation and injuries.

A skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle might be involved in a lawsuit, too. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle with the permission of the owner, with certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to prove the damages suffered by a plaintiff. This is usually accomplished by providing detailed information on the expenses out of pocket which are incurred, and also the future loss expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things such as medical expenses and lost income while the latter covers more intangible issues like suffering and pain. It is difficult to establish an amount in dollars for non-economic damages like mental distress and loss of enjoyment.

Your attorney will assist in formulating your damages with the use of a variety. 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 determine how the crash occurred.

Your lawyer will also support your claim with expert opinion detailing the economic and other effects of your injuries. This will include cost estimates for future care and support, wage projections, and other financial factors. These are necessary to ensure you are fully compensated for any losses you have incurred and will suffer in the future.

Comparative Fault

In a car accident, 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 attorney must prove.

Many states have a type of comparative fault rule which allows victims to be compensated regardless of whether their part of the blame is attributed to an accident. The amount of the settlement will be based on the degree of fault. For instance, if an appeals court awards $100,000 for your injuries, but determines that you're 40 percent at fault, you'll only receive $60,000.

However, the law is more complicated than that because there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This bar rule blocks the injured party from receiving compensation if they are at fault for more than 50 percent. It is a rule that is followed by some states, including Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to claim damages if they are found to be 99% responsible.

Statute of Limitations

In most instances, a person who is injured in a car crash is allowed to file a lawsuit against the party who caused the crash. However, these lawsuits must, be filed within the statute of limitations or else the victim's claim is forever barred.

The statute of limitations has nothing to be concerned with whether or not the insurance company of the defendant will settle, and it is all about the trigger event in the case-the incident or accident that caused the injury. Knowing the exact moment at which the clock begins to tick is vital for complying with this important rule.

In New York, those injured in car accidents have up to three years to make a personal injury claim. In certain instances, this timeline can be shortened. In cases where a child is involved, for instance, the statute is paused until that child is free, which is accomplished by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and an experienced attorney can offer advice on the specifics.

Representation

We have a wealth of experience in as a consultant and advocate for 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 oversee fixed public utilities like electricity, water and sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues that concern rates, service and fees.

We can assist you in determining the responsible parties in a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, as well as national logistics companies regarding the liability of their products and automobile accidents claims. We manage pre-suit assessment and proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients, whether through the summary resolution or a favorable final verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer concerns and represent them in New motor vehicle accident attorney Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, as well as relocations.