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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage fault. The jury will decide this according to the evidence presented to them.

To be held liable for a personal injury the defendant must be negligent during the incident. Liability is determined by the degree of negligence which contributed to the incident.

Liability

The objective of a claim for motor vehicle accidents - official www.mallangpeach.com blog, is to recover damages from the party who caused the losses and injuries caused through their negligence. A lawsuit for an auto or trucking crash requires that the victim of the accident prove that the defendant's negligent acts or inactions caused a collision and the resulting bodily injury.

An experienced attorney can help you determine if the at-fault driver or other defendant is liable for your losses. Most auto accident cases turn on the plaintiff's ability to demonstrate the liability of their defendant on the traditional tort liability rules and include a defendant's duty to the plaintiff, the breach by the defendant of that duty, causality that is actual and proximate, and injuries.

A knowledgeable lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle are involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle suit must establish damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of the expenses incurred out of pocket and also future losses that are expected to arise due to the injuries sustained. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost earnings, while the latter is compensation for things that are more intangible like suffering and pain. It can be difficult to determine a dollar amount on the non-economic damage, such as mental distress and loss of enjoyment.

Your attorney will assist you determine the amount of damages by using a variety methods. This includes retaining accident reconstruction experts who will look at photos of the scene, police reports, witness testimony and other evidence to determine how the crash occurred.

Your attorney will also help to support your claim with expert opinions detailing the economic and other impacts of your injuries. This will include estimates of the cost for care and support in the future, wage projections, and other financial aspects. These are essential in order to ensure that you're fully compensated for any losses that you have suffered and experience in the future.

Comparative Fault

A system known as comparative fault or contributory negligence - defines the amount of fault an injured party can be held responsible for in a car accident. In many cases, it's an important issue that your attorney must prove.

The majority of states have some kind of a comparative fault law that allows victims to receive compensation regardless of their share of blame is an accident. The amount of the settlement will be based on their level of blame. If, for instance, an appeals court awards $100,000 for your injuries, but decides that you're 40 percent responsible, you'll only receive $60,000.

There are two types of modified comparative-fault rules. The first is the 50% bar rule. This rules out an injured person from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault. This allows victims to claim damages even if they are found to be at fault.

Statute of Limitations

In most cases, an injured person involved in a car accident may file a lawsuit. These lawsuits must, however be filed within the prescribed time of limitations or the claim of the victim will be barred forever.

The statute of limitations has nothing to determine whether or not the insurer of the defendant will settle the case, and it is all about the trigger event that started the case - the incident or accident which caused the injury. So, knowing exactly 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 are allowed up to three years to bring a personal injury lawsuit. The timeframe may be reduced in certain situations, however. For example, in cases where minors are involved the statute of limitations is paused until the child becomes free by marrying or turning 18 which is usually two years following the accident. There are other exceptions, and an experienced attorney can give advice on the particulars.

Representation

We have extensive experience in representing public entities and utilities in matters related to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues involving rates, service and fees.

We can assist you in determining the responsible parties for accidents involving motor vehicles and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as fatalities caused by negligence.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on their product liability and claims arising from accidents in the automobile. We manage pre-suit assessment and proactively manage the discovery process. We also use trial-ready techniques to ensure a favorable client outcome which could be a summary decision or a favorable decision. Our team of lawyers advises franchised motor vehicles, motorcycles and 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.