Motor Vehicle Litigation

In most motor vehicle accident lawyers vehicle accident cases, the plaintiff's award is lowered by their percentage of the fault. This is determined by the jury on the basis of evidence presented to them.

To be liable for an injury the defendant must be negligent at the time of the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The aim of a motor vehicle accident claim is to recover damages for damage and losses caused by negligence of another party. Unless the injured victim lives in one of the states that operate under a no-fault insurance system, an automobile or trucking accident lawsuit will require showing that the defendant's negligent actions or failure to act resulted in a collision, and injuries to the body.

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 accident cases rest on the plaintiff's ability prove the defendant's fault in accordance with tort liability principles. This includes a defendant's obligation to the victim, the defendant’s breach of this duty, direct and real causation and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative provision of coverage for anyone who is operating the vehicle with owner's permission but subject to certain restrictions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses which are incurred, and also future loss that will be expected due to the injuries sustained. These are known as economic and noneconomic damages.

The former covers things such as medical expenses and lost income, while the latter is a way to compensate for more intangible things such as pain and suffering. It can be difficult to put a dollar amount on non-economic damages, such as mental distress and loss of enjoyment.

Your lawyer will help you determine the amount of damages by using a variety methods. This includes hiring experts in the field of accident reconstruction who analyze photos of the scene, police reports, witness testimony and other evidence to reconstruct the circumstances of the crash.

Your lawyer will also support your case with expert opinions outlining the economic and non-economic impacts of your injuries. This will include cost estimates for care and support in the future along with wage projections and other financial factors. They are required to ensure that you're fully compensated for the loss you have incurred and will encounter in the near 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. This is a major issue in a variety of cases and something your lawyer may need to prove.

Most states implement some version of a a comparative blame rule, which allows victims to seek compensation even if they are a part of the blame for an accident. The amount of the settlement will be determined by the level of blame. For instance If a jury awards you $100,000 for your injuries, but determines that you're 40% at fault, you'd be awarded only $60,000.

There are two types of modified comparative fault rules. The first is the 50% bar rule. This rule prevents the injured party from receiving compensation if they're at fault for more than 50%. Colorado and Utah are two states that follow this rule. Another variation is known as pure comparative fault. This allows victims to seek damages even if they are found to be 99 percent 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 accident. However, these lawsuits must be filed within a specific timeframe known as the statute of limitations, or the claim of the victim is deemed to be void and barred for ever.

The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle, and everything to do with the trigger event that started the case - the incident or accident that led to the injury. So, knowing exactly when the clock starts to tick is crucial for the proper application of this important legal rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In certain instances this time frame can be shortened. In cases where a child is involved, as in, the statute is paused until the child becomes free, which is accomplished by marrying or reaching the age of 18 typically two years after the accident. There are other circumstances, and a seasoned attorney can offer advice on the particulars.

Representation

We have extensive experience in representing public entities and utilities in matters 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 represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and charges.

We can help you determine the responsible parties in a motor vehicle accident and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, as well as the wrongful deaths.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies regarding product liability and automobile accident claims. We manage pre-suit assessments, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal outcome for the client, whether through the summary decision or a favorable final decision. Our team assists franchised motor vehicles and motorcycle dealers regarding issues pertaining to factory-dealer relationships and represents them at New Motor Vehicle accident attorney Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.