motor vehicle accident law firm Vehicle Litigation

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

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

Liability

The goal of a motor accident claim is to collect damages from the party who caused the injuries and losses that were caused due to their negligence. Unless the injured victim lives in one of the few states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit will require showing that the negligence of a defendant or inaction resulted in a collision, and an injury to the body.

An experienced attorney can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's guilt by relying on tort liability rules. This includes a defendant’s obligation to the victim, a defendant's failure to fulfill this duty, direct and actual causation, and injuries.

A skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to anyone who operates the vehicle with the approval of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is typically accomplished by providing a detailed account of the expenses incurred out of pocket as well as the potential for future losses to arise due to the injuries suffered. These are referred to as economic or non-economic damages.

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

Your attorney will help you calculate your damages through a variety of ways. This includes hiring experts in the field of accident reconstruction who analyze photographs of the scene, police reports, witness testimony, and other evidence to understand how the crash occurred.

Your attorney will also bolster your case with expert opinions that outline the economic and non-economic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial factors. These are necessary to ensure that you're fully compensated for the losses you have incurred and will experience in the future.

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. In many instances, it's a crucial issue that your attorney will need to prove.

Most states have a form of a comparative fault law that allows victims to be compensated regardless of their share of blame is an accident. The amount of the settlement will be determined by the level of blame. If, for example the jury awards $100,000 for your injuries, but decides that you are at least 40 percent responsible, you'll only receive $60,000.

But the law is more complex than that as there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other variant is called pure comparative fault, which allows victims to recover damages even if they are found to be 99 % at fault.

Statute of Limitations

In the majority of instances, the person who was injured involved in a car accident may bring a lawsuit. However, these lawsuits must, be filed within the prescribed time of limitations, or else the claim of the victim will be forever barred.

The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It is all about the initial event that triggered the case, whether it was an incident or accident which caused the injury. So, knowing exactly when the clock begins to tick is essential for making sure that you are in compliance with this crucial legal rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. In certain cases, this timeline can be shortened. For instance, in cases where minors are involved the statute of limitations is paused until the child is emancipated by getting married or reaching age 18, which is usually two years following the accident. Other exceptions exist, and experienced attorneys can provide advice on the specifics.

Representation

We have a wealth of experience advising and representing utilities and public entities in matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle accident situation, we can identify the responsible parties and assist you in your quest for compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies about auto accidents and product liability claims. We handle pre-suit assessments and proactively manage discovery. We apply trial-ready skills for the best possible outcome for our clients whether it's through a the summary resolution or a favorable final decision. Our team counsels franchised motor vehicles as well as truck dealers regarding issues pertaining to dealer-factory relationships and also represents them in New motor vehicle accident Attorneys Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs and relocations.