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Motor Vehicle Litigation

In most motor vehicle accident law firms vehicle accident cases, the plaintiff's award is reduced by their percentage of fault. The jury will make this decision according to the evidence they are presented with.

To be liable for an injury, the defendant must have been negligent at the time of the incident. The degree of liability is determined by extent of negligence that led to the incident.

Liability

The purpose of a motor crash claim is to obtain compensation from the other party for losses and injuries caused by their negligence. A lawsuit for a car or trucking accident will require that the injured party prove that the defendant's negligence or inactions resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the person at fault or a different defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's ability to establish their defendant's liability based on the traditional tort liability rules and include a defendant's duty to the plaintiff, the defendant's violation of the duty, actual and proximate causation, and injuries.

A experienced lawyer can assist with determining the liability in cases where the insured driver or owner of the vehicle could be involved in an action. Most automobile insurance policies contain an affirmative provision of protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This usually involves analyzing 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 documents on the out-of-pocket expenses that are incurred, as well as future loss that will be anticipated due to the injuries sustained. These are called economic and non-economic damages.

The first is for things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. It can be difficult to establish a dollar amount on non-economic damages like mental suffering and loss of enjoyment in life.

Your attorney will help to calculate the damages you have suffered with a variety of methods. This may include retaining experts in accident reconstruction who will analyze photos, police reports as well as witnesses' testimony and other evidence to reconstruct the crash.

Your attorney will also support your claim by soliciting expert opinions which outline the economic and noneconomic effects of your injuries. These will include estimates of costs for the future of care and support as well as wage projections and other financial considerations. These are essential in order to ensure 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 that an injured person is responsible for. In many instances, it's a crucial issue that your attorney must prove.

Most states implement some version of a a comparative blame rule, which permits victims to pursue compensation even if they share the blame for an accident. The amount of compensation will be based on their level of fault. For instance If a jury will award you $100,000 for injuries, but determines that you're 40% in the wrong, you'd be awarded only $60,000.

However, the law is much more complex than that, since there are two distinct varieties of modified rules of comparative fault. The first is the 50 bar rule. This rule prevents an 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, known as pure comparative negligence, allows victims to seek damages if they are found to be 99 per cent responsible.

Statute of limitations

In most cases, an injured person in a car crash can file a lawsuit. However, these lawsuits must be filed within a specific timeframe known as the statute of limitations or the victim's legal claim will be forfeited and barred for life.

The statute of limitation does not have anything to do with whether or not an insurance company for the defendant will settle the case. It is all about the first event that initiated the case, and the incident or accident which caused the injury. Therefore, knowing exactly when the clock begins to run is crucial in to ensure compliance with this important legal requirement.

In New York, people who are injured in car crashes generally have three years to start a personal injury lawsuit. In some cases, this timeline can be shortened. For example, in cases where minors are involved the statute of limitations is paused until the child is fully emancipated through marriage or turning 18 which is typically two years after the incident. There are exceptions to this, and experienced attorneys can advise on the specifics.

Representation

We have a wealth of experience representing public entities and utilities in matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as water, electricity and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees.

In a motor car accident case, we will help identify the responsible parties and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including the cases of wrongful death.

Our practice in commercial motor vehicle accident Law firms vehicles advises manufacturers, national leasing companies and national logistics companies on their product liability and auto accident claims. We handle pre-suit assessments and proactively manage the discovery process. We also apply trial-ready skills to achieve an acceptable client outcome which could be a summary resolution or a favorable final decision. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to factory-dealer relations and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.