Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are diminished by their percentage of fault. The jury decides this based on the evidence presented to them.

To be held liable for injuries, the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence which contributed to the incident.

Liability

The purpose of a motor accident claim is to seek damages for damage and losses caused by the negligence of another party. Unless the victim is in one of the states that operate under a no-fault insurance program for trucking or automobile accidents, an accident lawsuit will require showing that the defendant's negligent actions or failure to act resulted in a collision and corresponding bodily injury.

An experienced attorney can assist you in determining the fault of the driver or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's fault based on tort liability principles. This includes a defendant’s obligation to the victim, the defendant's failure to fulfill this duty, direct and real causation and injuries.

A knowledgeable lawyer can assist in determining liability in cases in which the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative guarantee of insurance to anyone operating the vehicle with the owner's permission subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will establish the damages suffered by the plaintiff. This is usually done by providing detailed information on the expenses out of pocket incurred, as well as the loss that is expected as a result of the injuries sustained. These are referred to as economic and non-economic damages.

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

Your lawyer will assist you calculate your damages using a variety of methods. This could include retaining accident reconstruction specialists who will analyze photos, police reports as well as witnesses' testimony and other evidence to reconstruct the accident.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections and other financial considerations. These are necessary to ensure that you are fully compensated for the losses you've incurred and encounter in the near future.

Comparative Fault

A system called comparative fault or contributory negligence - determines the amount of fault that an injured party can be held responsible for in a car accident. It's a crucial issue in a lot of cases and something your attorney may be required to prove.

Most states implement some form of a comparative fault rule, which allows victims to seek compensation even if have a share of the blame in an accident. But the amount of their settlement will be reduced based on the degree of fault. If, for instance, an appeals court awards $100,000 for your injuries, but determines that you are 40 percent responsible, you'll only receive $60,000.

However, the law is much more complex than that because there are two distinct varieties of modified comparative fault rules. The first is known as the 50% bar rule, which bars an injured party from receiving damages when they are more than 50% at the fault. This is the practice of certain states, such as Colorado and Utah. Another variation, known as pure comparative negligence, permits victims to seek damages if they are found to be 99 percent responsible.

Statute of Limitations

In most instances, a person who is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within a certain time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for ever.

The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle, and everything to do with the triggering event that initiated the case - the incident or accident that led to the injury. Thus, knowing precisely when the clock begins to run is crucial in the proper application of this important legal rule.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. In certain instances the timeline may be shortened. For instance, in cases where minors are involved, the statute of limitations is suspended until the child becomes fully emancipated through marriage or turning 18 which typically takes two years after the incident. There are other circumstances, and a seasoned attorney can give advice on the specifics.

Representation

We have extensive experience advising and representing public agencies and utilities in matters relating to Motor vehicle accident law firm vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities such as electricity, water and sewer services. We represent transportation companies, such as limousines and Motor vehicle accident law Firm taxicabs before Public Utilities Commission on issues regarding rates, services and charges.

We can assist you in determining the parties accountable for a motor vehicle accident and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, including death by negligence.

Our commercial motor vehicle practice assists manufacturers, national leasing companies and national logistics companies on their product liability and automobile accident claims. We manage pre-suit evaluations and actively manage the discovery process. We also employ trial-ready skills to obtain the best possible client outcome which could be a summary decision or a favorable decision. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. It also represents them in New motor vehicle accident attorneys Vehicle Board protests which involve dealership terminations, adding points as well as warranty and motor vehicle accident law Firm incentive audits, and relocations.