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Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's are reduced by the percentage of fault. The jury will determine this according to the evidence they receive.

To be held accountable for an injury the defendant must be negligent at the time of the incident. Liability is determined by the extent of negligence that led to the accident.

Liability

The goal of a motor vehicle legal accident claim is to collect damages from the other party to compensate for damages and injuries caused by their negligence. A lawsuit for an automobile or trucking crash will require that the injured party prove that the negligent actions of the defendant or inactions led to a collision, and the bodily injury that resulted from it.

An experienced attorney can assist you in determining the fault of the driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability establish their defendant's liability based on the principles of tort liability that include a defendant's responsibility to the plaintiff, the defendant's breach of this duty, real and proximate causation and injuries.

Additionally, a experienced lawyer can assist with determining the liability in cases where the insured driver or the owner of the vehicle may be involved in a lawsuit, too. The majority of insurance policies for automobiles provide coverage to any person who drives the vehicle with the permission of the owner, with certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by a plaintiff. This is typically done by providing thorough evidence of the expenses that are incurred, as well as future losses that are expected as a result of the injuries suffered. These are known as economic and non-economic damages.

The former is for things like medical expenses and lost income, while the latter compensates for intangibles such as suffering and pain. It can be difficult to put the dollar value of the non-economic damage, such as mental suffering and loss of enjoyment in life.

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

Your attorney will also bolster your case with expert opinions detailing the economic and other impacts of your injuries. This will include estimates of the cost for future care and support, wage projections and other financial factors. They are crucial to ensure that you're fully compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. In many instances, it's a crucial issue that your attorney will have to prove.

Most states have a form of a comparative fault system that allows victims to be compensated regardless of whether their part of the blame lies with an accident. However, the amount they receive in settlement will be lowered by the degree of fault. If, for instance, a jury awards $100,000 for your injuries, but decides that you are at least 40 percent responsible, you'll only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50 bar rule, which bars an injured party from receiving damages in cases where they are more than 50 percent at the fault. It is a rule that is followed by several states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they're found to be 99% at fault.

Statute of limitations

In the majority of instances, a person who is injured in a car crash is eligible to file a claim against the person responsible for the accident. However these lawsuits must be filed within a certain time period, referred to as the statute of limitations or the victim's legal claim is forfeited and barred for life.

The statute of limitations has nothing to do whether or the insurance company of the defendant will settle the case. It is focused on the primary event that initiated the case, the incident or accident which caused the injury. Determining the exact time the clock starts to tick is crucial for complying with this important rule.

In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain instances the timeframe can be reduced. For instance, in cases where a minor Motor Vehicle Litigation is involved the limitation period is paused until the child becomes legally emancipated after marriage or reaching age 18, which is typically two years after the date of the accident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

We have years of experience representing and advising public entities and utilities in matters involving motor 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 also represent transportation businesses including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the parties responsible for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer accidents and motor vehicle litigation car accidents, including cases of wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and automobile accident claims. We manage pre-suit assessment and actively manage the discovery process. We also use trial-ready skills to achieve an acceptable client outcome, be it a summary decision or a favorable decision. Our team regularly counsels franchised motor vehicle claim vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New motor vehicle law Vehicle Board protests involving dealership terminations, add points as well as warranty and incentive audits, as well as relocations.