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Motor Vehicle Litigation

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

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

Liability

The purpose of a motor vehicle lawyer accident claim is to obtain compensation from the other party for injuries and losses that were caused due to their negligence. A lawsuit arising out of an auto or trucking accident will require that the injured party prove that the negligent actions of the defendant or failure to act led to a collision, and the bodily injuries that resulted.

An experienced lawyer can help you determine whether the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's responsibility by relying on tort liability rules. This includes a defendant's obligation to the victim, defendant's violation of this duty direct and actual causation, and injuries.

A competent lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle might be the subject of lawsuits as well. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle compensation vehicle lawsuit must prove the damages suffered by a plaintiff. This is typically accomplished by providing a detailed account of the out-of-pocket expenses that were incurred as well as future losses that are expected to arise due to the injuries sustained. These are known as non-economic and economic damages.

The former covers things such as medical expenses and lost income, while the second is compensation for things that are more intangible like suffering and pain. It is difficult to determine an amount in dollars for non-economic damages, such as mental distress and loss of enjoyment in life.

Your lawyer will assist to determine your damages using a variety of methods. This may include retaining accident reconstruction experts who examine police reports, photos, witnesses' testimony, and other evidence to reconstruct the crash.

Your attorney will also bolster your claim by providing expert opinions detailing the economic and non-economic consequences of your injuries. This will include estimates of the future costs of care and support costs, wage projections, and other financial factors. These are necessary to ensure that you are fully compensated for motor vehicle litigation the loss that you have suffered and experience in the future.

Comparative Fault

In a car accident the concept of comparative fault (or contributory negligence) determines the degree of fault the person who was injured is accountable for. In many instances, it's a crucial issue that your attorney must prove.

Most states use some kind of a comparative fault rule, which allows victims to seek compensation even if have a share of the blame in an accident. However, the amount they receive in settlement will be reduced according to the degree of fault. If, for instance, an appeals court awards $100,000 for your injuries but finds that you are 40 percent responsible, you will only receive $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is the 50 bar rule. This bar rule blocks an injured person from receiving compensation if they are at fault for more than 50 percent. This is the practice of some states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to recover damages even if they are found to be 99 percent at fault.

Statute of Limitations

In most cases, a person is injured in a car crash is legally entitled to file a lawsuit against the person responsible for the accident. However the lawsuits must be filed within a specific time frame, known as the statute of limitations, or the victim's legal claim is forfeited and barred forever.

The statute of limitations does not have anything to determine whether or not the insurer of the defendant will settle, and everything to do with the trigger event that started the case - the incident or accident that led to the injury. Determining the exact time the clock begins to tick is crucial to ensure complying with this important rule.

In New York, those injured in car accidents have up to three years to file a personal injury lawsuit. In some cases, this timeline can be shortened. In the event that a child is involved, as in the statute is stopped until the child is liberated, which is achieved by marrying or reaching the age of 18 typically two years after the accident. There are other exceptions and experienced attorneys can advise on the specifics.

Representation

We have years of experience representing utilities and public entities on matters relating to motor vehicle litigation. Our clients include local and county governments, state and Motor Vehicle Litigation federal agencies that regulate fixed public utilities, such as electricity, water and sewer services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues regarding rates, services and charges.

In a motor vehicle legal car accident case, we will help identify the parties responsible and assist you in your pursuit of compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, including death by negligence.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready techniques to ensure an acceptable client outcome which could be a summary resolution or a favorable final decision. Our team regularly counsels franchised motor vehicle case vehicle, motorcycle, and truck dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, as well as relocations.