Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury will decide this on the basis of the evidence presented to them.

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. Liability is determined by the extent to which negligence caused the accident.

Liability

The objective of a motor accident claim is to obtain compensation from the other party to compensate for injuries and losses that were caused due to their negligence. A lawsuit arising out of an auto or trucking crash will require that the victim of the accident prove that the defendant's negligent acts or inaction resulted in a collision and the bodily injury that resulted from it.

An experienced attorney can assist you in determining if the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's ability prove their defendant's liability based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the breach of this duty, actual and proximate causation, and injuries.

Additionally, a knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative guarantee of insurance to anyone operating the vehicle with owner's permission subject to certain exclusions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is typically done by providing thorough evidence of the expenses which are incurred, and also future losses that are expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income while the latter is compensation for more intangible things such as suffering and pain. Oftentimes, it can be difficult to determine a specific value to non-economic losses like mental stress and the loss of enjoyment life.

Your lawyer will help you determine the amount of damages by using a variety methods. This could include hiring accident reconstruction specialists who will look over police reports, photos and witnesses' statements, and other evidence to reconstruct the accident.

Your attorney will also bolster your claim by providing expert opinions outlining the economic and non-economic consequences of your injuries. These will include estimates of costs for care and support in the future, wage projections, and other financial factors. These are essential to ensure you are compensated fully for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of fault that the injured party is accountable for. In many cases, it's an important aspect that your lawyer must prove.

Most states have some form of comparative fault rule which allows victims to be compensated regardless of whether their part of the blame is for an accident. The amount of the settlement will be based on their level of fault. For instance, if an award of $100,000 is made by a jury for your injuries, but determines that you're 40% responsible, you will only receive $60,000.

However, the law is much more complicated than that since there are two distinct types of modified rules of comparative fault. The first is the 50 bar rule. This rule prevents the injured party from receiving compensation if they're responsible for more than 50 percent. This is the practice of several states, including Colorado and Utah. The other variant, called pure comparative negligence, permits victims to recover damages if they are found to be 99% responsible.

Statute of limitations

In the majority of instances, an individual who has been injured in a car crash can sue. However they must be filed within a specific 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 does not have anything to be concerned with whether or not the defendant's insurance company will settle the case, and everything to do with the trigger event in the case - the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is essential for the proper application of this important legal requirement.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain instances this time frame can be reduced. In cases where a child is involved, as in the statute is suspended until that child is legally emancipated. This can be achieved by marriage or at the age of 18, usually two years after the incident. There are other exceptions, and a knowledgeable attorney can provide advice on the particulars.

Representation

We have years of experience advising and representing public entities and utilities in matters involving Motor Vehicle Accident Law Firms vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees.

We can assist you in determining the parties responsible for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, as well as fatalities caused by negligence.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies on car accidents and product liability claims. We manage pre-suit assessment and assist in the discovery process. We also employ trial-ready skills to achieve a favorable client outcome, be it a summary decision or a favorable final decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New motor vehicle accident law firm Vehicle Board protests concerning dealership closures, addition of points as well as warranty and motor Vehicle accident law firms incentive audits, as well as relocations.