motor vehicle accident attorneys Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will determine this based on the evidence presented to them.

To be held accountable for an injury the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the incident.

Liability

The aim of a claim for motor vehicle accidents is to recover damages from the other party in exchange for injuries and losses caused by their negligence. Unless the injured victim lives in one of the states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit must prove that a defendant's careless actions or failure to act resulted in a collision and the resulting bodily injury.

An experienced attorney can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's capacity to prove their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's violation of that duty, actual and proximate cause, and injuries.

Additionally, a experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative provision of coverage to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses and future loss that will be anticipated due to the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things such as medical bills and lost income. The latter covers more intangible issues like suffering and pain. It is difficult to determine the dollar value of non-economic damages like mental suffering and loss of enjoyment in life.

Your attorney will assist you determine the amount of damages by using a variety of methods. This could include hiring experts in accident reconstruction who will look over police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your attorney will also help to support your claim with expert opinions that outline the economic and non-economic effects of your injuries. This will include cost estimates for future care and assistance, wage projections and other financial factors. This is necessary to ensure that you are fully compensated for the loss that you have suffered and experience in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence, determines the amount of fault an injured person is accountable for in a car accident. It's an important issue in a variety of cases and something your attorney may be required to prove.

Most states implement some type of a comparative fault rule, which allows victims to claim compensation even if they share the blame for an accident. The amount of compensation will be based on their level of fault. For instance the case where a judge gives you $100,000 for your injuries but finds you are 40 percent at fault, you'd only receive $60,000.

However, the law is more complicated than that because there are two distinct types of modified rules of comparative fault. The first is referred to as the 50% bar rule, which prohibits the victim from receiving damages when they are more than 50% at fault. Colorado and Utah are two states that follow this rule. Another variation, known as pure comparative negligence, permits victims to claim damages if they are found to be 99% at fault.

Statute of Limitations

In the majority of instances, a person who is injured in a car accident is allowed to file a lawsuit against the party responsible for the accident. However they must be filed within the period of time, also known as the statute of limitations or the victim's legal claim will be forfeited and barred forever.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle the case, and it is all about the trigger event in the case, which is the incident or accident that caused the injury. Therefore, calculating exactly when the clock begins to tick is essential for to ensure compliance with this important legal requirement.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. This time frame may be cut down in certain situations, however. For instance, in cases where minors are involved, the time limit for a lawsuit is suspended until the child becomes emancipated by getting married or turning 18 which is usually two years after the incident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

We have a wealth of experience representing and advising public utilities and public entities in matters involving motor vehicle accident lawyers vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities such as electricity, water, and sewer services. We also represent transportation organizations like taxicabs, trucking companies and limousines before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle crash case, we can help determine the parties at fault and support you in your quest for compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle accident attorneys vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies on auto accidents and product liability claims. We manage pre-suit evaluations and assist in the discovery process. We also use trial-ready expertise to achieve a favorable client outcome whether it's a summative disposition or favourable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, and relocations.