Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury will determine this on the basis of the evidence they are presented.

To be held accountable for a personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by the degree to which the negligence caused the accident.

Liability

The goal of a claim for motor vehicle accidents is to recover damages from the other party for losses and injuries caused due to their negligence. If the injured party is not in one of the few states that operate under a no-fault insurance system for trucking or automobile accidents, an accident lawsuit requires that the negligent act of a defendant or failure to act caused a collision with the resulting bodily injury.

An experienced attorney can help you determine whether the driver at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's negligence in accordance with tort liability principles. This includes a defendant’s obligation to the victim, defendant's violation of this duty direct and real causation and injuries.

A knowledgeable lawyer can assist you in determining the liability in cases where the insured driver or the owner of the vehicle may be involved in lawsuits as well. The majority of insurance policies for automobiles provide coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is typically done by providing detailed documentation of expenses out of pocket as well as the potential for future losses to arise from the injuries suffered. These are referred to as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles such as pain and suffering. It is often difficult to assign a precise dollar value to damages that are not economic such as mental anxiety and loss of enjoyment of life.

Your lawyer will help to calculate the damages you have suffered with a variety of methods. This includes retaining experts in reconstruction of accidents who analyze photos of the scene, police reports, witness testimony, and other evidence to help reconstruct how the accident occurred.

Your attorney will also help to support your case with expert opinions detailing the economic and non-economic impacts of your injuries. This will include cost estimates for care and support in the future, wage projections, and other financial considerations. These are essential in order to ensure you're completely compensated for any losses you've suffered and continue to experience in the near future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the amount of fault the person who was injured is accountable for. This is a major issue in a number of cases, and something your attorney may have to prove.

Most states have some form of comparative fault rule which allows victims to be compensated even if a portion of the blame is attributed to an accident. The amount of compensation will be based on the level of blame. If, for example an appeals court awards $100,000 for your injuries, but decides that you're 40% responsible, you will only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is known as the 50% bar rule, which prohibits an injured party from receiving damages if they are more than 50 percent at fault. Colorado and Utah are two states that adhere to this rule. Another variant is pure comparative fault. It allows victims to seek damages even if found to be 99 % at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car crash is legally entitled to file a lawsuit against the party who caused the crash. However, these lawsuits must be filed within the prescribed time of limitations or else the victim's claim is forever barred.

The statute of limitation is not a factor in whether or whether an insurance company for the defendant will settle the case. It is focused on the primary event that initiated the case, whether it was an incident or accident which caused the injury. Calculating the exact time that the clock starts to tick is vital for compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. In some cases the timeframe can be shortened. In the event that a child is involved, for example the statute is put on hold until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18 usually two years after the accident. Other exceptions exist and seasoned lawyers can provide advice on the specifics.

Representation

We have extensive experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities like electricity, water, and sewer services. We also represent transportation businesses including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the parties accountable for the cause of a motor vehicle crash and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including fatalities caused by negligence.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on the subject of product liability and automobile accident claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready techniques to ensure the best possible outcome for our clients whether it's through a an informal disposition or a favorable decision. Our team assists franchised motor vehicles and motorcycle dealers on issues related to factory-dealer relations and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.