Motor Vehicle Litigation

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

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

Liability

The purpose of a motor accident claim is to recover damages for the injuries and losses caused by the negligence of another party. A lawsuit arising out of an auto or trucking accident will require that the injured party prove that the defendant's negligent acts or failure to act led to a collision, and the bodily injury that resulted from it.

An experienced lawyer can assist you in determining if the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases hinge on the plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules, including a defendant's duty to the plaintiff, the defendant's violation of this duty, causality that is actual and proximate, and injuries.

A experienced lawyer can assist with determining the liability in cases where the insured driver or the owner of the vehicle may be involved in an action. Most automobile insurance policies contain an affirmative insurance to anyone operating the vehicle under the owner's permission, subject to certain exclusions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is typically accomplished by providing a detailed record of the out-of-pocket expenses that were incurred as well as the potential for future losses to arise from the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical bills and lost income, while the latter is a way to compensate for more intangible issues like suffering and pain. It is difficult to establish an amount of money on non-economic damages, such as mental suffering and loss of enjoyment.

Your attorney will assist to calculate the damages you have suffered with a variety of methods. This could include hiring experts in accident reconstruction who will look over police reports, photos as well as witnesses' testimony and other evidence to reconstruct the accident.

Your lawyer will also support your case with expert opinions detailing the economic and non-economic consequences of your injuries. This will include cost estimates for the future of care and support along with wage projections and other financial factors. These are crucial to ensure that you are fully compensated for any loss you have suffered and will continue to suffer in the future.

Comparative Fault

In a car wreck, a system called comparative fault (or contributory negligence) determines the amount of blame the person who was injured is accountable for. It's a crucial issue in a lot of cases and one that your attorney could have to prove.

Most states use some type of a comparative fault rule that allows victims to seek compensation even if share in the blame for an accident. But the amount of their settlement will be reduced according to their level of blame. For instance, if an award of $100,000 is made by a jury for your injuries, and then determines that you are 40% responsible, you will only receive $60,000.

But the law is more complicated than that as there are two distinct kinds of modified comparative fault rules. The first is known as the 50 bar rule, which prevents an injured party from receiving damages in cases where they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to seek damages if they're found to be 99 per cent responsible.

Statute of Limitations

In the majority of cases, an injured person in a car crash can file a lawsuit. However, these lawsuits must, be filed within the timeframe of limitations, or else the claim of the victim will be 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's all about the first event that triggered the case, whether it was an incident or accident that caused the injury. Therefore, calculating exactly when the clock begins to tick is crucial for ensuring compliance with this important legal rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. In certain instances the timeframe can be shortened. For example, in cases where minors are involved the time limit for a lawsuit is suspended until the child is free by marrying or turning 18 which is typically two years after the accident. There are other exceptions and seasoned lawyers can provide advice on the specifics.

Representation

We have a wealth of experience advising and representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities, such as gas, electric and water/sewer services. We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can assist you in determining the parties accountable for a motor vehicle accident and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles 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 utilize trial-ready expertise to ensure an optimal outcome for the client whether it's through a an informal resolution or a favorable final decision. Our team assists franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining 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.