Motor Vehicle Litigation

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

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

Liability

The purpose of a motor accident claim is to seek damages for the damages and injuries caused by negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the defendant's negligent acts or failure to act led to a collision, and the bodily injuries that resulted.

An experienced attorney can assist you in determining whether the driver at fault or other defendant is liable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant's obligation to the victim, a defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.

A competent lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle could be the subject of a lawsuit as well. Most automobile insurance policies grant coverage to anyone who uses the vehicle under the authority of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by the plaintiff. This is usually accomplished by providing a detailed record of the expenses incurred out of pocket as well as future losses expected to arise from the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things such as medical bills and lost income, while the latter is compensation for more intangible things like suffering and pain. It is difficult to quantify the dollar value of non-economic damages like mental distress and loss of enjoyment.

Your lawyer will help you calculate your damages using a variety of methods. This includes hiring experts in the field of accident reconstruction who examine photographs of the scene police reports, witness testimony, and other evidence to determine the circumstances of the crash.

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

Comparative Fault

In a car accident the system known as comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. In many instances, it's a crucial issue that your attorney must prove.

Most states use some form of a comparative fault rule that allows victims to seek compensation even if have a share of the blame in an accident. The amount of compensation will be determined by their level of blame. So, for example when a jury will award you $100,000 for injuries but finds you are 40% at fault, you will be awarded only $60,000.

However, the law is more complex than that since there are two distinct forms of modified rules of comparative fault. The second is known as the 50 bar rule, which bars an injured party from receiving damages if they are more than 50 percent at the fault. This is the practice of a few states, including Colorado and Utah. Another variant is pure comparative fault. It allows victims to claim damages even if found to be at fault.

Statute of limitations

In the majority of instances, an individual who has been injured involved in a car accident may make a claim. However the lawsuits must be filed within the time period, Motor vehicle Accident law Firms referred to as the statute of limitations, or the victim's legal claim is forfeited and barred for life.

The statute of limitations is not a factor in whether or whether an insurance company representing the defendant will settle the case. It's focused on the primary incident that led to the case, whether it was an incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is vital for complying with this important rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. In some cases, this timeline can be shortened. For instance, in situations where a minor is involved, the statute of limitations is paused until the child is emancipated by getting married or reaching age 18, which typically takes two years following the accident. There are other exceptions, and an experienced attorney can give advice on the particulars.

Representation

We have extensive experience advising and representing public utilities and public entities on matters relating to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities, such as gas, electric and water/sewer services. We also represent transportation businesses like taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can help you determine the responsible parties in an accident involving a motor vehicle and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as wrongful death cases.

Our commercial motor motor vehicle accident law firms vehicle practice advises manufacturers, national leasing companies, and national logistics companies on their product liability and claims arising from accidents in the automobile. We handle pre-suit assessments, proactively manage discovery and employ trial-ready skills to ensure the best possible outcome for our clients whether it's through a summary disposition or a favorable final decision. Our team advises franchised motor vehicle accident lawsuit vehicles and motorcycle dealers on issues that concern factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.