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Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages amount is reduced by their percentage of the fault. The jury will determine this in accordance with the evidence they receive.

To be held accountable for an injury the defendant must be negligent at the time of the incident. The degree of liability is determined by degree of negligence that contributed to the accident.

Liability

The goal of a motor vehicle accident claim is to collect damages for the injuries and losses resulting from another party's negligence. A lawsuit for an automobile or trucking crash will require that the victim of the accident prove that the defendant's negligent actions or failure to act led to a collision, and the resulting bodily injury.

An experienced lawyer can help you determine whether the person at fault or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's guilt in accordance with tort liability principles. This includes a defendant’s obligation to the victim, defendant's failure to fulfill this duty, direct and real causation and injuries.

A skilled lawyer can assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles provide an affirmative provision of coverage for anyone who is operating the vehicle under the owner's permission subject to certain exclusions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses which are incurred, and also future losses that are expected as a result of the injuries sustained. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles such as pain and suffering. It can be difficult to establish the dollar value of the non-economic damage, such as mental suffering and loss of enjoyment.

Your lawyer will assist in the calculation of your damages by making use of a variety. This may include retaining accident reconstruction experts who look over police reports, photos witness statements, Motor Vehicle Accident Lawsuit and other evidence to reconstruct the crash.

Your attorney will also bolster your claim with expert opinions that outline the economic and non-economic effects of your injuries. This includes cost estimates for future care and assistance along with wage projections and other financial aspects. They are required to ensure that you're fully compensated for losses you've suffered and will be able to recover in the future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault an injured party is responsible for. It's a crucial issue in many cases and something your attorney may have to prove.

Most states have a form of comparative fault rule that allows victims to be compensated even if their share of the blame is attributed to an accident. The amount of the settlement will be based on their level of responsibility. For instance, if the jury awards $100,000 for your injuries, but decides that you are at least 40 percent responsible, you will only receive $60,000.

There are actually two different types of modified comparative fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they are responsible for more than 50%. It is used by certain states, such as Colorado and Utah. Another variation is known as pure comparative fault, which permits 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 is injured in a car accident is legally entitled to file a lawsuit against the person responsible for the accident. However, these lawsuits must be filed within a specific time period, referred to as the statute of limitations or the claim of the victim is forfeited and barred for life.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle, and it is all about the initial triggering event in the case, which is the incident or accident which caused the injury. Thus, knowing precisely when the clock will begin to tick is crucial 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 file a personal injury lawsuit. This time frame may be cut down in certain situations, however. For example, in cases where a minor is involved the time limit for a lawsuit is suspended until the child is free by marrying or reaching age 18, which typically takes two years following the accident. There are other exceptions and seasoned lawyers can assist with the specifics.

Representation

We have years of experience advising and representing 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 charges.

We can help you determine the parties responsible for accidents involving motor vehicles and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers, [Redirect-302] national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We manage pre-suit assessments as well as proactively manage discovery. We employ trial-ready skills to ensure the best possible outcome for our clients, whether through summary decision or a favorable final verdict. Our team assists franchised motor vehicle accident lawyer vehicles, motorcycles and truck dealers regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.