Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are reduced by their percentage of fault. The jury will make this decision in accordance with the evidence they receive.

To be held responsible for personal injuries the defendant must be negligent during the incident. The degree of liability is determined by degree of negligence which contributed to the accident.

Liability

The goal of a motor accident claim is to seek compensation from the other party for injuries and losses that were caused through their negligence. Unless the victim is in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit must prove that a defendant's careless actions or failure to act caused a collision and corresponding bodily injury.

An experienced lawyer can help you determine whether the driver at fault or other defendant is liable for your losses. Most auto accident cases turn on the plaintiff's ability to establish the liability of their defendant based on the principles of tort liability that include a defendant's responsibility to the plaintiff, the defendant's breach of that duty, actual and proximate cause, and injuries.

Additionally, a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle may be involved in a lawsuit, too. Most automobile insurance policies contain an affirmative provision of coverage to anyone driving the vehicle with owner's permission but subject to certain restrictions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of the expenses incurred out of pocket and also the potential for future losses to result from the injuries sustained. These are referred to as non-economic and economic damages.

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

Your attorney will assist in the calculation of your damages through the use of a range of techniques. This includes retaining experts in accident reconstruction who will review photographs of the scene police reports, witness testimony and other evidence to determine how the accident occurred.

Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. This includes cost estimates for future care and support, wage projections and other financial factors. These are vital to ensure that you're completely compensated for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence determines the amount of fault an injured person can be held responsible for in a car accident. It's a key issue in a lot of cases and something that your attorney might have to prove.

Most states implement some type of a comparative fault rule that allows victims to claim compensation even if they share the blame for an accident. The amount of the settlement will be determined by the level of fault. For instance the case where a judge decides to award you $100,000 for your injuries, but determines that you're 40% in the wrong, you'd only get $60,000.

There are actually two different types of modified comparative fault rules. The first is known as the 50% bar rule, which prohibits an injured party from claiming damages when they are more 50 percent at fault. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault. It allows victims to recover damages even if found to be 99 percent at fault.

Statute of limitations

In the majority of cases, a person is injured in a car crash is eligible to file a claim against the person who caused the accident. However they must be filed within a certain timeframe known as the statute of limitations, or the victim's legal claim is forfeited and barred for ever.

The statute of limitation has nothing to do whether or not an insurance company for the defendant will settle the case. It is all about the initial incident that brought about the case, whether it was an incident or accident that caused the injury. So, knowing exactly when the clock will begin to tick is essential for making sure that you are in compliance with this crucial legal requirement.

In New York, people who are hurt in car crashes generally have three years to make personal injury lawsuits. The timeframe may be reduced in certain circumstances, but. For example, in cases where minors are involved the limitation period is paused until the child is legally emancipated after marriage or turning 18 which is usually two years after the incident. There are other exceptions and seasoned lawyers can help you understand the particulars.

Representation

We have extensive experience in representing and advising utilities and public entities on matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like electricity, water, and sewer services. We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues concerning rates, service and charges.

In a motor car accident instance, we are able to determine the parties at fault and assist you in your quest for compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, as well as the cases of wrongful death.

Our commercial motor vehicle accident vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about car accidents and product liability claims. We manage pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready skills to achieve an acceptable client outcome whether it's a summary disposition or favourable final verdict. Our team assists franchised motor vehicles and motorcycle dealers on issues that concern factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.