Motor Vehicle Litigation

In the majority of motor vehicle accident law firms vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury will make this decision in accordance with the evidence presented to them.

In order to be held liable for personal injuries, the defendant has to have been negligent in the incident. Liability is determined based on the degree of negligence which contributed to the incident.

Liability

The goal of a motor vehicle accident claim is to seek compensation from the other party for injuries and losses that were caused due to their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit requires that the negligent act of a defendant or inaction caused a collision and an injury to the body.

An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases hinge on the plaintiff's ability to prove their defendant's liability based on the principles of tort liability, including a defendant's duty to the plaintiff, the breach of this duty, actual and proximate causation, and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually accomplished by providing a detailed record of out-of-pocket expenses incurred and also the potential for future losses to result from the injuries that were sustained. These are known as economic and non-economic damages.

The former covers things like medical bills and lost income. The latter is a way to compensate for more intangible things such as suffering and pain. Sometimes, it is difficult to assign an exact value to non-economic losses such as mental anxiety and the loss of enjoyment life.

Your attorney will help to determine your damages with a variety of methods. This could include hiring accident reconstruction experts who analyze photos, police reports as well as witnesses' testimony and other evidence to reconstruct the accident.

Your attorney will also be able to support your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. These will include estimates of future care and support costs, wage projections, and other financial aspects. They are required to ensure that you are fully compensated for any losses you've suffered and will experience in the future.

Comparative Fault

A system known as comparative fault or contributory negligence - defines the amount of fault an injured person could be held responsible for a car crash. It's an important issue in many cases and something your attorney may have to prove.

The majority of states have some kind of a comparative fault rule, which allows victims to claim compensation even if they share the blame for an accident. The amount of the settlement will be based on their level of blame. For example when a jury decides to award you $100,000 for your injuries, but concludes that you're 40% in the wrong, you'd receive only $60,000.

However, the law is much more complex than that because there are two distinct kinds of modified rules of comparative fault. The second is known as the 50 bar rule, which blocks the victim from claiming damages when they are more than 50 percent at fault. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they are found to be 99 per cent at fault.

Statute of Limitations

In the majority of cases, a person is injured in a car accident is entitled to file a lawsuit against the person who caused the crash. However the lawsuits must be filed within a specified period of time, also known as the statute of limitations or the victim's legal claim is deemed to be void and barred for life.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle, and everything to do with the initial triggering event in the case, which is the incident or accident that caused the injury. Determining the exact time the clock begins to tick is crucial for respecting this important rule.

In New York, those injured in car accidents have up to three years to start a personal injury lawsuit. This time frame can be reduced in certain circumstances, however. In the event that a child is involved, for example the statute is suspended until the child is liberated, which is accomplished by marrying or reaching the age of 18 typically two years after the incident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.

Representation

We have significant experience advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities like water, electricity and sewer services. We also represent transportation organizations like 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 a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including the cases of wrongful death.

Our practice in commercial motor vehicles 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 employ trial-ready techniques to ensure an outcome that is favorable to the client, be it a summary resolution or a favorable final decision. Our team counsels franchised motor vehicle accident lawyer vehicles, motorcycles and truck dealers on issues related to factory-dealer relationships and represents them in New motor vehicle accident Attorneys Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.