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Motor Vehicle Litigation

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

In order to be held liable for personal injury the defendant must have been negligent during the incident. The degree of liability is determined by extent of negligence that led to the incident.

Liability

The goal of a motor vehicle accident claim is to seek damages for injuries and losses resulting from negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the victim of the accident prove that the defendant's negligent acts or inactions led to a collision, and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the person at fault or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's fault based on tort liability principles. This includes a defendant's duty to the victim, the defendant’s infraction of this duty, actual and direct causation and injuries.

A knowledgeable lawyer can assist in determining liability in cases where the insured driver or the owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by a plaintiff. This is typically accomplished by providing a detailed record of the out-of-pocket expenses that were incurred and also future losses that are likely to result from the injuries that were sustained. These are referred to as non-economic and economic damages.

The former is for things like medical expenses and lost income as well as compensation for intangibles like suffering and pain. It can be difficult to establish an amount of money on non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will assist you in the calculation of your damages by making use of a variety. This includes retaining experts in the field of accident reconstruction who look at photographs of the scene, police reports, witness testimony and other evidence to determine the way in which the accident took place.

Your lawyer will also strengthen your claim with expert opinion outlining the economic and non-economic consequences of your injuries. These will include estimates of costs for future care and assistance, wage projections, and other financial aspects. They are required in order to ensure that you're fully compensated for the loss you've incurred and experience in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. In many cases, it's an important aspect that your lawyer will need to prove.

Most states implement some kind of a comparative fault rule, which allows victims to seek compensation even if share the blame for an accident. The amount of the settlement will be based on their level of fault. If, for example an award of $100,000 is made by a jury for your injuries, but decides that you are at least 40% 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 prevents an injured party from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault, which permits victims to seek damages even if they are found to be at fault.

Statute of Limitations

In most situations, a person is injured in a car accident is legally entitled to file a lawsuit against the person who caused the accident. However, these lawsuits must, be filed within a certain timeframe of limitations or else the victim's claim will be barred forever.

The statute of limitations has nothing to do whether or not an insurance company for the defendant will settle the case. It is all about the event that triggered the case, or the incident or accident which caused the injury. Therefore, calculating exactly when the clock will begin to tick is vital for ensuring compliance with this important legal rule.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. In some instances this time frame can be shortened. For example, in cases where a minor is involved the limitation period is paused until the child is free by marrying or turning 18 which is typically two years following the accident. There are other exceptions and experienced lawyers can provide advice on the specifics.

Representation

We have significant experience consulting and representing public entities and utilities on matters related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like gas, electric and water/sewer services. We also represent transportation businesses including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases involving rates, fees and service.

We can help you determine the responsible parties in accidents involving motor vehicle accident attorney vehicles and help you pursue compensation. Our firm 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 provides advice to manufacturers, national leasing companies, as well as national logistics companies about product liability and automobile accidents claims. We manage pre-suit assessment and assist in the discovery process. We also apply trial-ready skills to obtain a favorable client outcome, be it a summary decision or a favorable final verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. It also represents them in New motor vehicle accident attorneys Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, and relocations.