motor vehicle accident attorneys Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage fault. This is decided by the jury based on evidence presented to them.

To be held accountable for an injury the defendant must have been negligent at the time of the incident. The degree of liability is determined by the extent to which negligence contributed to the accident.

Liability

The purpose of a claim for motor vehicle accidents is to obtain compensation from the other party in exchange for losses and injuries caused by their negligence. A lawsuit for a car or trucking collision will require that the injured party prove that the defendant's negligent actions or inactions resulted in a collision and the bodily injuries that resulted.

An experienced attorney can help you determine the fault of the driver or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's fault using tort liability principles. This includes a defendant's duty to the victim, the defendant's failure to fulfill this duty, direct and actual causation, and injuries.

A competent lawyer can help analyze liability in situations in which the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle under the authority of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually done by providing detailed documentation of out-of-pocket expenses incurred and also future losses that are expected to result from the injuries that were sustained. These are referred to as economic or non-economic damages.

The former covers things such as medical bills and lost income, while the latter is a way to compensate for things that are more intangible like suffering and pain. It is difficult to quantify a dollar amount on non-economic damages, such as mental suffering and loss of enjoyment in life.

Your attorney will assist you in the calculation of your damages by making use of a range of techniques. This includes hiring accident reconstruction experts who will examine photos of the scene, police reports, witness testimony, and other evidence to determine how the accident occurred.

Your lawyer will also help your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. This includes estimates of future care and support costs, wage projections and other financial factors. They are required to ensure you are fully compensated for losses you have incurred and will be able to recover in the future.

Comparative Fault

A system known as comparative fault or contributory negligence, determines the amount of fault an injured person can be held responsible for in a car accident. In many cases, it's an important aspect that your lawyer will need to prove.

Most states implement some kind of a comparative fault rule that allows victims to claim compensation even if they have a share of the blame in an accident. However, the amount of their settlement will be reduced according to their level of blame. For example If a jury gives you $100,000 for your injuries, but concludes that you're 40% at fault, you will be awarded only $60,000.

However, the law is more complex than that, since there are two distinct varieties of modified rules of comparative fault. The first is known as the 50 bar rule, which prohibits an injured party from claiming damages in cases where they are more than 50% at fault. It is followed by some states, including Colorado and Utah. 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 most instances, Motor vehicle accidents an individual who has been injured in a car crash can sue. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations or the claim of the victim is deemed to be void and barred for life.

The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle the case, and it is all about the trigger event that started the case - the incident or accident which caused the injury. The exact time at which the clock begins to tick is crucial for compliance with this important rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. This timeline may be shortened in certain situations, however. In the event that a child is involved, for example the statute is stopped until that child is legally emancipated. This can be achieved by marrying or reaching the age of 18 typically two years after the incident. There are other exceptions, and a knowledgeable attorney can provide advice on the specifics.

Representation

We have a wealth of experience representing public utilities and public entities on matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities, such as gas, electric and water/sewer services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and fees.

In a motor vehicle crash situation, we can identify the parties responsible and support you in the pursuit of compensation. Our firm assists victims of tractor-trailer collisions 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 the subject of product liability and automobile accident claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready techniques to ensure the best possible outcome for our clients whether it's through a an informal decision or a favorable final decision. Our team counsels franchised motor vehicles and motorcycle dealers on issues related to factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs and relocations.