Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of the fault. This is determined by jurors based on evidence presented to them.

To be held liable for injuries the defendant must be negligent at the time of the incident. Liability is determined based on the degree of negligence which contributed to the incident.

Liability

The purpose of a motor vehicle accident claim is to collect damages from the party who caused the injuries and losses caused due to their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit will require showing that a defendant's careless actions or inaction caused a collision with corresponding bodily injury.

An experienced attorney can assist you in determining whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's guilt in accordance with tort liability principles. This includes a defendant's duty to the victim, the defendant's violation of this duty direct and actual causation, and injuries.

A skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit, too. Most automobile insurance policies contain an affirmative guarantee of coverage to anyone driving the vehicle with owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish damages suffered by the plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses which are incurred, and also future losses that are expected due to the injuries suffered. These are known as non-economic and economic damages.

The former is used to cover things like medical expenses and lost income and the latter is for intangibles like suffering and pain. Oftentimes, it can be difficult to determine an exact dollar value to damages that are not economic such as mental anguish and loss of enjoyment of life.

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

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial aspects. These are vital to ensure that you're compensated fully for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

In a car accident a system called comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's a key issue in a number of cases, and one that your attorney could be required to prove.

Most states use some version of a a comparative blame rule, which permits victims to pursue compensation even if they share in the blame for an accident. The amount of compensation will be based on their degree of fault. For instance the case where a judge gives you $100,000 for your injuries, but finds that you're 40% at fault, you'd receive only $60,000.

There are two types of modified comparative fault rules. The first is referred to as the 50% bar rule, which prevents the victim from claiming damages in cases where they are more than 50% at fault. It is a rule that is followed by a few states, Motor Vehicle Accident including Colorado and Utah. The other variant is called pure comparative fault, which permits victims to recover damages even if found to be at fault.

Statute of limitations

In most instances, the person who was injured in a car accident can sue. However they must be filed within a specified time frame, known as the statute of limitations or the victim's legal claim will be barred and forfeited for life.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle the case, and it is all about the initial triggering event in the case - the incident or accident that caused the injury. The exact time at which the clock begins to run is essential for complying with this important rule.

In New York, those injured in car accidents have up-to three years to bring a personal injury lawsuit. This timeline may be shortened in certain circumstances, however. If a child is involved, for example the statute is put on hold until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18 typically two years after the accident. There are other exceptions, and an experienced lawyer can advise on the specifics.

Representation

We have extensive experience in advising and representing public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as gas, electric and water/sewer services. We also represent transportation businesses 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 will help determine the parties at fault and support you in pursuing compensation. Our firm assists victims of tractor-trailer accidents and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicle accident lawyers vehicles provides advice to manufacturers, national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit evaluations as well as proactively manage discovery. We employ trial-ready skills to ensure the best possible outcome for our clients regardless of whether it is through summary disposition or a favorable verdict. Our team assists franchised motor vehicles as well as truck dealers on issues that concern factory-dealer relationships. We also represent them at New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs, as well as relocations.