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motor vehicle accidents Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's award is reduced by their percentage of fault. The jury will determine this according to the evidence presented to them.

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 of negligence which contributed to the accident.

Liability

The aim of a motor vehicle accident claim is to obtain compensation from the other party for losses and injuries caused through their negligence. If the injured party is not in one of the states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit will require showing that the negligence of a defendant or failure to act resulted in a collision, and injuries to the body.

An experienced attorney can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's capacity to establish their defendant's liability based on traditional tort liability principles that include a defendant's responsibility to the plaintiff, the defendant's breach of this duty, the actual and proximate causation, and injuries.

A skilled lawyer can also assist in determining liability in cases where the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses incurred, as well as the future loss expected due to the injuries sustained. These are referred to as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles like suffering and pain. Oftentimes, it can be difficult to assign a precise dollar value to non-economic damages such as mental anguish and loss of enjoyment of life.

Your lawyer will help you determine the amount of damages by using a variety of methods. This could include retaining accident reconstruction experts who examine police reports, photos witness statements, and other evidence to reconstruct the accident.

Your attorney will also bolster your claim with expert opinion detailing the economic and non-economic effects of your injuries. This will include estimates of the cost for the future of care and support, wage projections and other financial aspects. This is necessary to ensure you are fully compensated for the loss you've incurred and encounter in the near future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence, determines how much fault an injured party can be accountable for a car crash. It's a key issue in many cases and something your lawyer may be required to prove.

The majority of states have some version of a a comparative blame rule, which allows victims to pursue compensation even if they are a part of the blame for an accident. The amount of the settlement will be based on the level of blame. If, for example a jury awards $100,000 for your injuries, but decides that you are at least 40 percent responsible, you'll only receive $60,000.

However, the law is much more complex than that because there are two distinct types of modified rules of comparative fault. The first is the 50% bar rule. This rules out an injured person from receiving compensation if they are responsible for more than 50%. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault. This allows victims to recover damages even if they are found to be 99 percent at fault.

Statute of limitations

In the majority of cases, a person who is injured in a car accident is allowed to file a lawsuit against the person who caused the accident. However these lawsuits must be filed within a specified time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for ever.

The statute of limitation does not have anything to do with whether or not an insurance company for the defendant will settle the case. It's focused on the primary incident that led to the case, and the incident or accident that caused the injury. Therefore, knowing exactly when the clock will begin to tick is crucial for to ensure compliance with this important legal rule.

In New York, those injured in car accidents have up to three years to file a personal injury lawsuit. This time frame may be cut down in certain situations, however. For example, in cases where a minor is involved the limitation period is paused until the child is emancipated by getting married or turning 18 which is typically two years after the accident. There are other exceptions, and a knowledgeable attorney can provide advice on the particulars.

Representation

We have extensive experience in as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities such as electric, gas, and water/sewer services. We also represent transportation entities like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

We can help you determine the responsible parties for the cause of a motor vehicle crash and help you pursue compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies on car accidents and product liability claims. We manage pre-suit assessments as well as proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client whether that is through a the summary resolution or a favorable final decision. Our team advises franchised motor vehicle accident lawsuits vehicles as well as truck dealers on issues that concern factory-dealer relationships. We also represent them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.