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Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of the fault. The jury will determine this in accordance with the evidence they are presented with.

To be held liable for personal injury the defendant must be negligent during the incident. Liability is determined based on the extent of negligence that led to the accident.

Liability

The purpose of a motor accident claim is to seek damages for injuries and losses caused by another party's negligence. A lawsuit for an automobile or trucking collision will require that the injured party prove that the negligent actions of the defendant or inactions caused a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the driver who was at fault or another defendant is responsible for your losses. Most auto accidents cases rely on the plaintiff's ability to establish the liability of their defendant based on the principles of tort liability and include a defendant's duty to the plaintiff, the breach by the defendant of that duty, actual and proximate causation, and injuries.

A skilled lawyer can help analyze liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles provide an affirmative provision of insurance to anyone operating the vehicle with owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish the amount of damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses incurred, as well as future losses that are anticipated due to the injuries sustained. These are known as non-economic and economic damages.

The former covers things such as medical bills and lost earnings, while the latter is compensation for more intangible things such as suffering and pain. It can be difficult to put an amount in dollars for non-economic losses, like mental suffering and loss of enjoyment in life.

Your lawyer will help to determine your damages using a variety methods. This includes retaining experts in the field of accident reconstruction who examine photographs of the scene, police reports, witness testimony, and other evidence to help reconstruct how the accident occurred.

Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. This will include estimates of future care and support costs, wage projections and other financial considerations. They are crucial to ensure that you're completely compensated for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault the injured party is accountable for. It's a crucial issue in a variety of cases and something your attorney may be required to prove.

Most states have some form of comparative fault rule that allows victims to receive compensation regardless of whether their part of blame is an accident. The amount of the settlement will be determined by the level of blame. For instance the case where a judge gives you $100,000 for your injuries, but concludes that you're 40 percent at fault, you would be awarded only $60,000.

But the law is more complex than that, since there are two distinct types of modified rules of comparative fault. The second is known as the 50 bar rule, which bars the victim from claiming damages when they are more 50 percent at fault. Colorado and Utah are two states that adhere to this rule. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they are found to be 99 per cent responsible.

Statute of limitations

In the majority of instances, a person who is injured in a car crash is eligible to file a claim against the person who caused the accident. These lawsuits must, however be filed within the timeframe of limitations or the claim of the victim is forever barred.

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

In New York, people who are hurt in car crashes generally have three years to bring personal injury lawsuits. In certain instances, this timeline can be shortened. In cases where a child is involved, as in, the statute is paused until the child becomes free, which is attained by marriage or when they reach the age of 18, typically two years after the accident. There are other exceptions, and an experienced attorney can give advice on the specifics.

Representation

We have significant experience providing advice and representation to public agencies and utilities on matters 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 also represent transportation organizations, such as taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can assist you in determining the responsible parties for a motor vehicle accident and assist you in pursuing compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on their product liability and claims for automobile accidents. We handle pre-suit assessments and proactively manage the discovery process. We also use trial-ready skills to achieve an acceptable client outcome whether it's a summary resolution or a favorable final verdict. Our team advises franchised motor vehicles as well as truck dealers on issues that concern factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.