Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages award is lowered by their percentage of fault. The jury will determine this on the basis of the evidence they are presented with.

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

Liability

The purpose of a claim for motor vehicle accidents is to obtain compensation from the other party for damages and injuries caused due to their negligence. Unless the injured person lives in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must demonstrate that the defendant's negligent actions or failure to act resulted in a collision and corresponding bodily injury.

An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. Most auto accident cases turn on a plaintiff's ability to demonstrate the liability of their defendant on traditional tort liability principles, including a defendant's duty to the plaintiff, the defendant's breach of the duty, real and proximate causation and injuries.

Additionally, a experienced lawyer can assist with determining the liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit as well. The majority of insurance policies for automobiles include an affirmative grant of coverage for anyone who is driving the vehicle with owner's permission with certain limitations. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of expenses out of pocket as well as future losses that are expected to arise from the injuries sustained. These are referred to as non-economic and economic damages.

The former covers things such as medical bills and lost income while the latter is a way to compensate for things that are more intangible like suffering and pain. It can be difficult to put a dollar amount on non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will assist in the calculation of your damages through the use of a range of techniques. This may include retaining experts in accident reconstruction who will look over police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.

Your attorney will also support your claim by getting expert opinions that detail the economic and non-economic consequences of your injuries. These will include estimates of costs for the future of care and support, wage projections, and other financial aspects. These are necessary to ensure that you're fully compensated for losses you've incurred and be able to recover in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence determines the amount of fault that an injured person is held responsible for in a car accident. It's a key issue in a number of cases, and something your lawyer may need to prove.

Most states implement some version of a a comparative blame rule, which permits victims to pursue compensation even if they share in the blame for an accident. But the amount of their settlement will be reduced by their degree of fault. For instance, if the jury awards $100,000 for your injuries, but determines that you're 40 percent responsible, you will only receive $60,000.

There are actually two different types of modified comparative fault rules. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other type, known as pure comparative negligence, permits victims to recover damages if they are found to be 99% at fault.

Statute of limitations

In most instances, a person who is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. 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 limitations is not a factor in whether or the insurance company of the defendant will settle the case. It's all about the initial event that initiated the case, the incident or accident which caused the injury. The exact time at which the clock starts to run is essential for compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to bring personal injury lawsuits. In some instances the timeline may be shortened. In cases where a child is involved, for example the statute is stopped until that child is emancipated, which can be achieved by marriage or at the age of 18 typically two years after the accident. There are other exceptions, and an experienced attorney can give advice on the particulars.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities in relation to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases concerning rates, fees, and service.

We can help you determine the parties accountable for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including the cases of wrongful death.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies regarding car accidents and product liability claims. We manage pre-suit assessments and proactively manage the discovery process. We also apply trial-ready skills to obtain a favorable client outcome whether it's a summary decision or a favorable verdict. Our team regularly counsels franchised motor vehicle accident law firms vehicle, motorcycle, and truck dealers on factory-dealer issues. We also represents them in New motor vehicle accident attorney Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, as well as relocations.