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Motor Vehicle Litigation

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

To be held liable for personal injuries the defendant must have been negligent in the incident. The degree of liability is determined by amount of negligence that contributed to the accident.

Liability

The purpose of a vehicle accident claim is to seek damages for injuries and losses resulting from negligence of another party. A lawsuit for an auto or trucking crash requires that the injured victim prove that the defendant's negligent actions or failure to act resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the at-fault driver or other defendant is liable for your losses. Most auto accidents cases rely on a plaintiff's ability demonstrate the liability of their defendant on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the breach by the defendant of this duty, actual and proximate cause, and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who uses the vehicle with the permission of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation of the expenses incurred out of pocket as well as the potential for future losses to arise from the injuries that were sustained. These are known as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles such as suffering and pain. It is often difficult to determine a specific dollar value to damages that are not economic like mental stress and loss of enjoyment life.

Your attorney will assist in the calculation of your damages through the use of a variety of methodologies. This includes retaining experts in reconstruction of accidents who examine photographs of the scene, police reports, witness testimony, and other evidence to help reconstruct the way in which the accident took place.

Your attorney will also support your claim by getting expert opinions that detail the economic and non-economic consequences of your injuries. This will include estimates of future healthcare and support costs, wage projections and other financial factors. They are required to ensure you are fully compensated for losses that you have suffered and experience in the future.

Comparative Fault

In a car accident a system called comparative fault (or contributory negligence) determines the amount of fault the injured party is accountable for. This is a major issue in a lot of cases and something that your attorney might have to prove.

The majority of states have some form of a comparative fault rule, which permits victims to pursue compensation even if they have a share of the blame in an accident. However, the amount they receive in settlement will be reduced by their level of blame. For instance, if a jury awards $100,000 for your injuries, and then determines that you are 40 percent at fault, you'll only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is known as the 50 bar rule, which prevents an injured party from receiving damages when they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. Another variation is known as pure comparative fault, which allows victims to claim damages even if they are found to be at fault.

Statute of limitations

In the majority of situations, a person is injured in a car accident is legally entitled to file a lawsuit against the party who caused the accident. However, these lawsuits must be filed within a certain timeframe of limitations, or else the victim's claim is forever barred.

The statute of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It's all about the initial event that initiated the case, or the incident or accident which caused the injury. Thus, knowing precisely when the clock will begin to tick is essential for to ensure compliance with this important legal rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. In some cases the timeline may be shortened. In cases where a minor is involved, as in the statute is stopped until the child is emancipated, which can be attained by marriage or when they reach the age of 18 typically two years after the incident. There are other exceptions, and an experienced attorney can provide advice on the particulars.

Representation

We have a wealth of experience in as a consultant and advocate for public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and Motor Vehicle Litigation sewer services. We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues involving rates, service and charges.

We can help you determine the parties accountable for the cause of a motor vehicle compensation vehicle crash and assist you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including death by negligence.

Our commercial motor vehicle attorneys vehicle practice offers advice to national leasing companies, and national logistics companies regarding product liability and claims for automobile accidents. We manage pre-suit assessment and proactively manage discovery. We utilize trial-ready expertise to ensure an optimal client outcome, whether through an informal decision or a favorable final decision. Our team assists franchised motor vehicle lawyers vehicles, motorcycles and truck dealers regarding issues pertaining to 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.