motor vehicle law Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are reduced by their percentage of fault. The jury will decide this according to the evidence they are presented.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. The degree of liability is determined by degree of negligence which contributed to the accident.

Liability

The purpose of a motor vehicle accident claim is to seek compensation from the other party to compensate for injuries and losses that were caused by their negligence. Unless the victim is in one of the states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit requires that a defendant's careless actions or inaction caused a collision with injuries to the body.

An experienced attorney can assist you in determining if the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's guilt in accordance with tort liability principles. This includes a defendant’s duty to the victim, defendant's breach of this duty, direct and actual causation, and injuries.

A experienced lawyer can assist with analyzing liability in situations where the insured driver or owner of the vehicle may be involved in an action. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically done by providing detailed documentation of out-of-pocket expenses incurred and also future losses expected to arise due to the injuries that were sustained. These are referred to as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income and the latter is for intangibles, such as pain and suffering. It is often difficult to determine a specific dollar value to damages that are not economic such as mental anguish and the loss of enjoyment life.

Your attorney will help you calculate your damages through a variety of ways. This includes retaining experts in reconstruction of accidents who analyze photographs of the scene police reports, witness testimony, and other evidence to determine how the crash occurred.

Your attorney will also support your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for motor Vehicle lawsuit the future of care and support along with wage projections and other financial factors. This is necessary to ensure you are fully compensated for the loss you have incurred and will suffer in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence - defines the amount of fault that an injured person can be accountable for in a car accident. This is a major issue in many cases and something your lawyer may be required to prove.

Many states have a type of a comparative fault law that allows victims to receive compensation regardless of whether their part of the blame is attributed to an accident. However, the amount they receive in settlement will be lowered by the degree of fault. So, for example the case where a judge gives you $100,000 for your injuries but finds you are 40% at fault, you will only receive $60,000.

There are two types of modified comparative-fault rules. The first is known as the 50 bar rule, which bars an injured party from claiming damages in cases where they are more than 50 percent at the fault. It is a rule that is followed by some states, including Colorado and Utah. The other variant, called pure comparative negligence, allows victims to claim damages if they are found to be 99 percent responsible.

Statute of Limitations

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

The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It's all about the event that initiated the case, the incident or accident which caused the injury. Knowing the exact moment at which the clock begins to tick is crucial for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. This time frame may be cut down in certain situations, however. For example, in cases where a minor is involved the time limit for a lawsuit is suspended until the child is free by marrying or reaching age 18, which typically takes two years following the accident. There are also exceptions and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience advising and representing public agencies and utilities in matters relating to motor vehicle 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 represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can help you determine the parties accountable for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies regarding the liability of their products and automobile accidents claims. We handle pre-suit evaluations, proactively manage discovery and employ trial-ready skills to ensure an optimal outcome for the client, whether through summary decision or a favorable final verdict. Our team assists franchised motor vehicle claim vehicles as well as truck dealers on issues related to dealer-factory relationships and also represents them in New motor vehicle compensation Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.