Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered by their percentage fault. This is decided by the jury based on evidence presented to them.

To be held liable for injuries the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the incident.

Liability

The aim of a motor vehicle accident claim is to seek compensation from the other party for injuries and losses that were caused due to their negligence. A lawsuit for a car or trucking crash requires that the victim's claim be proven that the negligent actions of the defendant or inactions resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the driver who caused the accident or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's negligence by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant's failure to fulfill this duty, direct and real causation and injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle may be involved in an action. Most automobile insurance policies contain an affirmative guarantee of coverage to anyone driving the vehicle with owner's permission subject to certain exclusions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages incurred by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses and future loss that will be expected as a result of the injuries sustained. These are known as economic and non-economic damages.

The former covers things like medical bills and lost income while the latter covers more intangible issues like suffering and pain. Sometimes, it is difficult to determine an exact value to non-economic losses like mental distress and loss of enjoyment life.

Your attorney will assist in formulating your damages with the use of a variety of methods. This includes retaining accident reconstruction experts who will look at images of the scene, police reports, witness testimony, and other evidence to reconstruct the circumstances of the crash.

Your attorney will also bolster your claim with expert opinions outlining the economic and non-economic consequences of your injuries. This includes cost estimates for future care and assistance along with wage projections and other financial considerations. They are crucial to ensure that you're compensated fully for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

In a car accident, the system known as comparative fault (or contributory negligence) determines the amount of fault that the person who was injured is accountable for. In many cases, it's an important issue that your attorney will have to prove.

Many states have a type of a comparative fault law that allows victims to be compensated even if their share of blame is an accident. The amount of compensation will be determined by the level of blame. If, for example an appeals court awards $100,000 for your injuries, but decides that you are at least 40% responsible, you will only receive $60,000.

There are two types of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they are responsible for more than 50%. It is used by a few states, including Colorado and Utah. Another variation, known as pure comparative negligence, allows victims to recover damages if they're found to be 99 percent at fault.

Statute of Limitations

In the majority of cases, a person is injured in a car crash is allowed to file a lawsuit against the person responsible for the accident. However, these lawsuits must be filed within a specific time frame, 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 affect whether or not an insurance company for the defendant will settle the case. It is all about the initial incident that brought about the case, and the incident or accident which caused the injury. Therefore, calculating exactly when the clock starts to tick is vital for ensuring compliance with this important legal rule.

In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit. This time frame can be reduced in some circumstances, however. For instance, 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 date of the accident. There are other exceptions and seasoned lawyers can assist with the specifics.

Representation

We have a wealth of experience in advising and representing public agencies and utilities in relation to motor vehicle accident law firms vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We also represent transportation entities like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle collision situation, we can determine the parties at fault and assist you in your pursuit of compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as cases of wrongful deaths.

Our commercial Motor Vehicle Accident Law Firms vehicle practice assists manufacturers, national leasing companies, and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit assessment and actively manage the discovery process. We also use trial-ready techniques to ensure an acceptable client outcome whether it's a summative decision or a favorable decision. Our team advises franchised motor vehicles as well as truck dealers on issues related to dealer-factory relationships and also represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.