Motor Vehicle Litigation

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

To be held responsible for personal injury, the defendant has to be negligent during the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The aim of a motor crash claim is to obtain compensation from the other party in exchange for losses and injuries caused by their negligence. A lawsuit for an auto or trucking accident will require that the victim's claim be proven that the defendant's negligent actions or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases are based on a plaintiff's ability to establish their defendant's liability based on the tort liability standard, including a defendant's duty to the plaintiff, the breach of this duty, real and proximate causation and injuries.

A experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle may be involved in a lawsuit, too. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the consent of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically done by providing thorough information on the expenses out of pocket incurred, as well as future losses that are anticipated due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things such as medical expenses and lost income while the second is compensation for things that are more intangible like suffering and pain. It can be difficult to quantify the dollar value of non-economic losses, like mental distress and loss of enjoyment.

Your attorney will help to determine your damages using a variety methods. This includes hiring accident reconstruction experts who will analyze photos of the scene, police reports, witness testimony, and other evidence to understand the way in which the accident took place.

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. This includes estimates of future medical and support costs, wage projections, and other financial factors. They are required in order to ensure that you're fully compensated for the loss you've incurred and be able to recover in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - defines the amount of fault that an injured party can be held responsible for in a car accident. It's an important issue in a number of cases, and something your lawyer may have to prove.

The majority of states have some version of a a comparative blame rule, which allows victims to pursue compensation even if they have a share of the blame in an accident. The amount of the settlement will be determined by their degree of fault. So, for example, if a jury awards you $100,000 for your injuries, but finds that you're 40% at fault, you'd only receive $60,000.

But the law is more complicated than that because there are two distinct varieties of modified rules of comparative fault. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they are at fault for more than 50 percent. It is used by some states, including Colorado and Utah. The other variant is called pure comparative fault, which allows victims to claim damages even if they are found to be at fault.

Statute of limitations

In the majority of situations, a person is injured in a car crash is eligible to file a claim against the person responsible for the crash. However the lawsuits must be filed within a certain time period, referred to as the statute of limitations or the claim of the victim is deemed to be void and barred forever.

The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle, and it is all about the trigger event in the case - the incident or accident that caused the injury. Thus, knowing precisely when the clock starts to tick is vital for to ensure compliance with this important legal requirement.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. This time frame can be reduced in certain circumstances, but. For instance, in situations where a minor is involved, the limitation period is paused until the child is fully emancipated through marriage or reaching age 18, which is typically two years following the accident. There are other circumstances, and a seasoned lawyer can advise on the specifics.

Representation

We have a wealth of experience in providing advice and representation to public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees.

We can help you determine the parties responsible for the cause of a motor vehicle crash and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as fatalities caused by negligence.

Our commercial norristown motor vehicle accident law firm vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies on the subject of product liability and automobile accident claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready techniques to ensure the best possible client outcome whether it's a summative disposition or favourable final decision. Our team regularly counsels franchised waterford motor vehicle accident law firm vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests involving dealership terminations, add points, warranty and incentive audits, and relocations.