Motor Vehicle Litigation

In most motor vehicle accidents vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. The jury decides this in accordance with the evidence presented to them.

To be held liable for injuries, the defendant must be negligent at the time of the incident. Liability is determined by the amount of negligence that contributed to the accident.

Liability

The goal of a motor Motor vehicle accident lawsuits crash claim is to collect damages from the other party for injuries and losses caused by their negligence. Unless the victim is in one of the states that operate under a no-fault insurance program and a trucking accident lawsuit must demonstrate that the defendant's negligent actions or inaction resulted in a collision and injuries to the body.

An experienced lawyer can assist you in determining the fault of the driver or a different defendant is accountable for motor vehicle accident lawsuits your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's guilt using tort liability principles. This includes a defendant’s obligation to the victim, a defendant's violation of this duty actual and direct causation and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most insurance policies for automobiles provide an affirmative provision of protection to anyone operating the vehicle under the owner's permission with certain limitations. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages incurred by the plaintiff. This is usually accomplished by providing detailed documentation of out-of-pocket expenses incurred and also the potential for future losses to arise from the injuries suffered. These are referred to as economic or non-economic damages.

The former covers things like medical expenses and lost income, while the latter pays for intangibles such as pain and suffering. Oftentimes, it can be difficult to determine a specific value to non-economic losses like mental stress and loss of enjoyment of life.

Your attorney will assist to calculate the damages you have suffered using a variety methods. This includes hiring experts in reconstruction of accidents who analyze photographs of the scene, police reports, witness testimony and other evidence to determine how the accident occurred.

Your lawyer will also help your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. This includes cost estimates for future care and support, wage projections, and other financial aspects. They are crucial to ensure that you're compensated fully for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

In a car accident, the system known as comparative fault (or contributory negligence) determines the degree of fault an injured person is responsible for. In many cases, it's an important issue that your attorney will have to prove.

Most states have a form of comparative fault rule which allows victims to be compensated regardless of whether their part of the blame is for an accident. But the amount of their settlement will be lowered by their level of fault. So, for example the case where a judge gives you $100,000 for your injuries, but determines that you're 40% in the wrong, you'd receive only $60,000.

But the law is more complicated than that, since there are two distinct types of modified comparative fault rules. The first is referred to as the 50% bar rule, which prohibits the victim from receiving damages if they are more than 50 percent at fault. It is followed by a few states, including Colorado and Utah. Another variation is known as pure comparative fault, which allows victims to claim damages even if they are found to be at fault.

Statute of limitations

In the majority of instances, a person injured in a car accident can sue. However, these lawsuits must be filed within the statute of limitations, or else the victim's claim is forever barred.

The statute of limitations does not have anything to do with whether or not the insurer of the defendant will settle or not, and everything to do with the trigger event that started the case - the incident or accident which caused the injury. Therefore, calculating exactly when the clock begins to run is crucial in the proper application of this important legal requirement.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. In some instances the timeline may be reduced. In the event that a child is involved, for instance the statute is stopped until the child becomes legally emancipated. This can be attained by marriage or when they reach the age of 18, typically two years after the accident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.

Representation

We have extensive experience in advising and representing public entities and utilities in matters involving motor vehicle accidents vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and charges.

In a motor vehicle Accident lawsuits car accident situation, we can identify the parties responsible and support 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 advises manufacturers, national leasing companies and national logistics companies on product liability and claims for automobile accidents. We manage pre-suit assessments and assist in the discovery process. We also employ trial-ready techniques to ensure an acceptable client outcome, be it a summary decision or a favorable final decision. Our team of lawyers advises franchised motor vehicles and motorcycle dealers on issues that concern dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.