motor vehicle accident lawsuits Vehicle Litigation

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

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree of negligence that contributed to the accident.

Liability

The purpose of a accident claim is to seek damages for the injuries and losses resulting from another party's negligence. A lawsuit for an auto or trucking collision will require that the victim's claim be proven that the defendant's negligent acts or inaction led to a collision, and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's guilt by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant’s violation of this duty actual and direct causation and injuries.

A experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle could be involved in lawsuits as well. Most automobile insurance policies contain an affirmative provision 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 must establish damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses expected to arise as a result of the injuries suffered. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. It can be difficult to determine an exact amount to non-economic damages such as mental anguish and loss of enjoyment life.

Your lawyer will assist you in the calculation of your damages through the use of a variety of methods. This includes hiring accident reconstruction experts who will analyze photographs of the scene, police reports, witness testimony and other evidence to determine the circumstances of the crash.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial aspects. These are essential in order to ensure that you're fully compensated for any losses that you have suffered and experience in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence - defines how much fault an injured person could be held responsible for a car crash. It's a key issue in a variety of cases and something that your attorney might need to prove.

Most states implement some version of a a comparative blame rule that allows victims to seek compensation even if they share the blame for an accident. The amount of compensation will be based on their level of blame. For instance, if an award of $100,000 is made by a jury for your injuries but finds that you are at least 40 percent responsible, you will only receive $60,000.

However, the law is much more complicated than that, since there are two distinct forms of modified comparative fault rules. The first is known as the 50 bar rule, which blocks an injured party from receiving damages if they are more than 50 percent at the fault. This is the practice of certain states, such as Colorado and Utah. The other variant, called pure comparative negligence, permits victims to seek damages if they are found to be 99 per cent at fault.

Statute of Limitations

In most situations, a person is injured in a car crash is entitled to file a lawsuit against the person who caused the accident. However, these lawsuits must, be filed within a certain timeframe of limitations or else the victim's claim will be forever barred.

The statute of limitation has nothing to do whether or the insurance company of the defendant will settle the case. It's all about the first incident that brought about the case, and the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to run is crucial in the proper application of this important legal requirement.

In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. In the event that a child is involved, as in the statute is suspended until the child becomes free, which is achieved by marrying or reaching the age of 18, usually two years after the accident. There are exceptions to this and experienced attorneys can help you understand the particulars.

Representation

We have significant experience providing advice and representation to public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues that concern rates, service and charges.

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 truck crashes 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 on car accidents and product liability claims. We handle pre-suit assessments as well as proactively manage discovery. We apply trial-ready techniques to ensure the best possible outcome for our clients whether it's through a summary resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.