Motor Vehicle Litigation

In the majority of motor vehicle accident vehicle crash cases, the plaintiff's are reduced by the percentage of fault. This is decided by the jury based on evidence presented to them.

To be held liable for a personal injury the defendant must have been negligent in the incident. Liability is determined based on the degree of negligence that contributed to the accident.

Liability

The aim of a claim for motor vehicle accidents is to collect damages from the party who caused the injuries and losses that were caused by their negligence. A lawsuit for an automobile or trucking crash will require that the injured party prove that the negligent actions of the defendant or inaction caused a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine whether the driver at fault or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's guilt 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.

Additionally, a knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle may be involved in an action. Most automobile insurance policies grant protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by a plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket that are incurred, as well as the future loss anticipated due to the injuries suffered. These are called economic and non-economic damages.

The former covers things such as medical expenses and lost income, while the second is compensation for things that are more intangible like pain and suffering. It can be difficult to determine an exact dollar value to damages that are not economic like mental distress and the loss of enjoyment life.

Your attorney will help to calculate the damages you have suffered through a variety of ways. This could include hiring accident reconstruction experts who look over police reports, photos and witnesses' statements, and other evidence in order to reconstruct the accident.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. These will include estimates of costs for future care and assistance, wage projections and other financial factors. This is necessary to ensure you are fully compensated for losses you've suffered and will experience in the future.

Comparative Fault

In a car accident a system called comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. It's an important issue in many cases and something your lawyer may be required to prove.

Many states have a type of a comparative fault system that allows victims to be compensated even if a portion of the blame is for an accident. The amount of the settlement will be based on the level of fault. So, for example If a jury decides to award you $100,000 for your injuries, but finds 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 bar rule blocks the injured party from receiving compensation if they are responsible for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other variant, called pure comparative negligence, permits victims to seek damages in the event that they're found to be 99 per cent at fault.

Statute of Limitations

In most cases, an injured person who is injured in a car crash may make a claim. These lawsuits must, however be filed within the statute of limitations or the claim of the victim will be forever barred.

The statute of limitations is not a factor in whether or whether an insurance company representing the defendant will settle the case. It's all about the event that triggered the case, whether it was an incident or accident which caused the injury. The exact time at which the clock starts to run is essential for respecting this important rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. In certain cases this time frame can be reduced. In the event that a child is involved, as in the statute is put on hold until the child becomes legally emancipated. This can be accomplished by marrying or reaching the age of 18 typically two years after the accident. There are other exceptions, and a knowledgeable attorney can give advice on the particulars.

Representation

We have significant experience consulting and representing public entities and utilities on 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 electricity, water, and sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases that involve rates, fees and service.

We can assist you in determining the responsible parties in accidents involving motor Vehicle accident Lawsuits vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on product liability and automobile accident claims. We manage pre-suit evaluations and are proactive in managing the discovery process. We also employ trial-ready expertise to achieve an acceptable client outcome which could be a summary decision or a favorable verdict. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, and relocations.