How to Build a Motor Vehicle Case

In the majority of motor vehicle accident attorney vehicle cases you can seek New York State minimum limits of $25,000/$50,000 for your injuries and property damage. However, the situation gets more complicated when you seek to sue entities other than the driver or owner of the vehicle.

In New York, for example, you can potentially recover from multiple parties liable under the rule of pure comparative negligence. The issue is if those other parties are leasing or rental entities.

Identifying the At Fault Party

The first step in identifying the responsible party in a motor vehicle crash is analyzing evidence from the scene of the accident. A police officer investigating the collision will interview the drivers and passengers as well as witnesses to compile the full details of what happened. These facts will be used to prepare an official police report, and they will be used to determine who was the culprit.

It is also helpful to review any damage done to the vehicles involved in the collision. If you were hit by a vehicle, the damage to the rear bumper of the vehicle will tell you who was at fault.

In New York, a state with no-fault insurance, the person at fault will compensate you for medical bills and lost wages up to the policy limits. If you are injured in a way that the state defines as severe such as the loss of an individual body part, serious impairment or disfigurement, or even death and you are unable to recover the full amount, you may be able to claim more substantial damages through filing an action.

Litigating automobile accidents venued within New York requires a thorough knowledge of the law of the state and various statutes such as CPLR SS 388, which imposes vicarious liability on owners of vehicles for the carelessness of drivers operating their vehicles with their permission. This is a rebuttable presumption and evidence from both sides will be considered to determine if the owner had the driver's written or implied consent at the time of the accident.

Collecting Evidence

In any lawsuit the evidence is crucial. This includes witness testimony, as well physical objects, photographs, and other documentation. The more evidence you have the higher your chances are of winning. Car accident cases are no exception. Building a strong case to claim compensation is dependent on having the correct evidence, and that starts with gathering the appropriate details immediately following the crash.

If you're physically able capture the scene of the crash as quickly as you are able, including vehicle damage, skid marks, and debris. Note the date, the time and the location of the crash. It's essential to keep this information in case you need access to security or traffic camera footage for your case.

Another method to gather evidence is through the use of interrogatories and depositions. Interrogatories are questions written in writing that the other party must answer under oath within a specific period of time. A deposition is an out-of-court statement that is usually recorded and transcribed by a court reporter. Depositions can provide crucial details about the incident and the other parties.

It is also essential to talk to anyone who was present at the incident, especially when the person is willing to make a statement. Often, witnesses who are neutral can be more convincing than those with an financial stake in the outcome of the case. This is particularly true for hit and run accidents, where another driver may not be immediately caught.

Finding the testimony of witnesses

If witnesses were present at the scene of the incident and witnessed the accident, they're likely to be willing and capable of proving your favor. Sometimes, witnesses won't testify. In these instances, your lawyer may have to obtain a subpoena legally demand the witness' testimony.

In the case of car accidents Expert witnesses are often called on to testify in a variety of ways. These include accident reconstruction experts and medical professionals. Experts in accident reconstruction have extensive work experience and education-based knowledge that allow them to analyze evidence and offer their opinions on the causes of your crash. Medical professionals have expertise of the human body as well as injuries. A physician or radiologist for instance, could be able to testify about the severity and nature of your injuries. They can also provide CT scan or MRI results.

Vocational experts are another important type of expert. They can provide valuable insights into how your injuries affected your career and life. They can, for example describe how your injuries prevented you from performing certain tasks at work. They can also help a juror understand auto the full impact on your losses.

Obtaining Expert Witness Testimony

Expert witness testimony is often the key to a successful case. When we think of expert witnesses, we picture long, TV-like court battles with experts who are adorned and provide crucial details that can make the difference between victory and defeat. While it is true that expert witnesses can decide the outcome of an argument, their evidence should be backed up by specific data from science and analysis as well as a thorough review.

There are numerous kinds of expert witnesses who can help you, depending on the kind of accident you're dealing with. In the case of car accidents for instance, an expert witness with a focus in accidents can utilize his or her training and knowledge to provide an insight into the incident and the causes. These specialists can also help explain technical automotive details that would otherwise be difficult for jurors to understand.

Experts can also testify in personal injury cases about the severity of your injuries, and how they'll affect your life going forward. For example an economist could write an account of your financial losses that you suffer as a result of the accident, which could include future loss of income and household expenses out of pocket.

In general experts' testimony can only be admitted if it adds value to your case. This is why it is vital that you work closely with your attorney to select the most appropriate experts for your particular case.