Motor Vehicle Litigation

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

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

Liability

The goal of a Motor Vehicle Accident Attorneys accident claim is to collect damages for damage and losses caused by another party's negligence. If the injured party is not in one of the few states that operate under a no-fault insurance system and a trucking accident lawsuit requires that the negligence of a defendant or inaction caused a collision and an injury to the body.

An experienced lawyer can assist you in determining the fault of the driver or a different defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's ability to demonstrate the liability of their defendant on the tort liability standard which include a defendant's obligation to the plaintiff, the breach by the defendant of this duty, real and proximate causation and injuries.

Additionally, a skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit as well. Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages incurred by the plaintiff. This is usually done by providing detailed documentation of out-of-pocket expenses incurred as well as future losses that are likely to arise due to the injuries sustained. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income and the latter is for intangibles such suffering and pain. It is difficult to determine an amount of money on non-economic losses, like mental suffering and loss of enjoyment.

Your attorney will assist in the calculation of your damages by making use of a variety. This includes retaining accident reconstruction experts who will examine photographs of the scene, police reports, witness testimony, and other evidence to reconstruct the way in which the accident took place.

Your lawyer will also strengthen your claim by providing expert opinions detailing the economic and non-economic impacts of your injuries. This includes estimates of future medical and support costs, wage projections and other financial aspects. These are essential to ensure that you're fully compensated for the loss you've suffered and will experience in the future.

Comparative Fault

A system referred to as comparative fault or contributory negligence - determines how much fault an injured party can be held responsible for a car crash. It's a key issue in a lot of cases and one that your attorney could be required to prove.

The majority of states have some form of a comparative fault rule that allows victims to seek compensation even if they share the blame for an accident. The amount of the settlement will be based on their level of blame. For example, if a jury decides to award you $100,000 for your injuries, but determines that you're 40% at fault, you would receive only $60,000.

But the law is more complicated than that, as there are two distinct forms of modified comparative fault rules. The second is known as the 50 bar rule, which prohibits the victim from claiming damages when they are more than 50% at the fault. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault, which permits victims to claim damages even if found to be 99 percent at fault.

Statute of Limitations

In the majority of instances, the person who was injured in a car accident can file a lawsuit. However they must be filed within a certain time period, referred to as the statute of limitations, or the victim's legal claim will be forfeited and barred for ever.

The statute of limitations has nothing to have anything to do with whether the defendant's insurance company will settle, and everything to do with the initial triggering event in the case-the incident or accident that led to the injury. Knowing the exact moment at which the clock begins to run is essential for compliance with this important rule.

In New York, people who are injured in car crashes generally have three years to start a personal injury lawsuit. In some cases, this timeline can be shortened. In the event that a child is involved, for example, the statute is paused until the child is free, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other exceptions, and an experienced lawyer can advise on the particulars.

Representation

We have extensive experience in representing and advising public entities and utilities in matters involving motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and charges.

In a motor vehicle accident case, we will help identify the parties responsible and support you in your quest for compensation. Our firm also helps victims of car accidents and tractor-trailer accidents, including death by negligence.

Our commercial motor vehicle practice offers advice to national leasing companies and national logistics companies regarding product liability and claims arising from accidents in the automobile. We handle pre-suit evaluations, manage discovery in a proactive manner and utilize trial-ready expertise to ensure the best possible outcome for our clients whether it's through a the summary disposition or a favorable verdict. Our team regularly counsels franchised motor vehicle accident attorney vehicle, motorcycle, and truck dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, and relocations.