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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's award is lowered by their percentage of the fault. This is determined by the jury on the basis of evidence presented to them.

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

Liability

The aim of a motor vehicle accident claim is to recover damages for injuries and losses resulting from the negligence of a third party. A lawsuit for a car or trucking crash requires that the injured party prove that the defendant's negligent actions or failure to act caused a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine whether the person at fault or a different defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's ability prove their defendant's liability based on the traditional tort liability rules that include a defendant's responsibility to the plaintiff, the breach by the defendant of the 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 as well. Most automobile insurance policies contain an affirmative provision of coverage for anyone who is operating the vehicle under the owner's permission with certain limitations. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle legal vehicle lawsuit has to prove the damages suffered by the plaintiff. This is typically done by providing thorough documentation on out-of pocket expenses which are incurred, and also future losses that are anticipated due to the injuries sustained. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter pays for intangibles, such as pain and suffering. It is often difficult to assign an exact amount to non-economic damages like mental stress and loss of enjoyment life.

Your attorney will assist in formulating your damages with the use of a variety of methodologies. This may include hiring experts in accident reconstruction who will examine police reports, photos and witnesses' statements, and other evidence to reconstruct the crash.

Your attorney will also help to support your case with expert opinions detailing the economic and non-economic consequences of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial considerations. They are required to ensure that you're fully compensated for losses that you have suffered and be able to recover in the future.

Comparative Fault

In a car wreck, a system called comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. In many cases, it's an important issue that your lawyer will need to prove.

Many states have a type of a comparative fault system that allows victims to receive compensation regardless of their share of the blame is for an accident. The amount of the settlement will be determined by their degree of fault. If, for instance, a jury awards $100,000 for your injuries, Motor Vehicle Litigation but determines that you're 40 percent responsible, you'll only receive $60,000.

But the law is more complex than that since there are two distinct kinds of modified rules of comparative fault. The second is known as the 50 bar rule, which prohibits the victim from receiving damages if they are more than 50 percent at fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault, which permits victims to claim damages even if they are found to be at fault.

Statute of limitations

In most instances, a person injured in a car accident can file a lawsuit. However these lawsuits must be filed within the time period, referred to as the statute of limitations, or the victim's legal claim is forfeited and barred forever.

The statute of limitations has nothing to have anything to do with whether the insurance company of the defendant will settle the case, and everything to do with the trigger event that started the case, which is the incident or accident that led to the injury. Calculating the exact time that the clock begins to tick is crucial for respecting this important rule.

In New York, people who suffer injuries in car crashes generally have three years to make personal injury lawsuits. The timeframe may be reduced in some circumstances, however. In cases where a child is involved, for example the statute is suspended until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18 usually two years after the incident. There are exceptions to this and experienced attorneys can provide advice on the specifics.

Representation

We have a wealth of experience representing and advising public utilities and public entities in matters involving motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities like gas, electric and water/sewer services. We also represent transportation organizations including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can assist you in determining the parties accountable for accidents involving motor vehicles and assist you in pursuing compensation. Our firm assists victims of tractor-trailer collisions and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies, and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We manage pre-suit assessment, proactively manage discovery and apply trial-ready skills for an optimal client outcome whether it's through a the summary disposition or a favorable verdict. Our team advises franchised motor vehicle case vehicles as well as truck dealers regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs and relocations.