Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered based on their percentage fault. This is decided by the jury on the basis of evidence presented to them.

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

Liability

The purpose of a claim for motor vehicle accidents is to recover damages from the other party in exchange for injuries and losses that were caused by their negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance system, an automobile or trucking accident lawsuit requires that the defendant's negligent actions or inaction resulted in a collision, and the resulting bodily injury.

An experienced lawyer can help you determine if the at-fault driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's fault using tort liability principles. This includes a defendant’s obligation to the victim, defendant's infraction of this duty, direct and actual causation, and injuries.

A knowledgeable lawyer can assist in determining the liability of a situation where the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to any person who drives the vehicle with the approval of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed evidence of the expenses and the future loss expected due to the injuries sustained. These are known as economic and non-economic damages.

The former covers things such as medical expenses and lost income while the second is compensation for more intangible things like pain and suffering. It is often difficult to assign an exact value to non-economic losses such as mental anguish and loss of enjoyment of life.

Your lawyer will assist in the calculation of your damages by making use of a range of techniques. This includes hiring experts in accident reconstruction who will look at images of the scene, police reports, witness testimony and other evidence to reconstruct how the accident occurred.

Your attorney will also be able to support your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. This will include estimates of future care and support costs, wage projections and other financial aspects. These are essential to ensure you are fully compensated for the loss you've suffered and will be able to recover in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of blame the person who was injured is accountable for. It's a key issue in many cases and something that your attorney might be required to prove.

Most states adopt some kind of a comparative fault rule, which permits victims to seek compensation even if they share in the blame for an accident. The amount of the settlement will be based on the level of blame. For example, if a jury decides to award you $100,000 for your injuries, but determines that you're 40% at fault, you will be awarded only $60,000.

There are two kinds of modified comparative fault rules. The one is known as the 50 bar rule, which bars an injured party from receiving damages when they are more than 50 percent at the fault. Colorado and Utah are two states that adhere to this rule. The other type, known as pure comparative negligence, permits victims to recover damages if they're found to be 99% at fault.

Statute of Limitations

In the majority of situations, a person is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the crash. However these lawsuits must be filed within a specific time frame, known as the statute of limitations or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitations does not have anything to determine whether or not the insurance company of the defendant will settle, and it is all about the trigger event in the case - the incident or accident that caused the injury. Therefore, calculating exactly when the clock will begin 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 file personal injury lawsuits. This time frame can be reduced in certain situations, however. In the event that a child is involved, as in the statute is put on hold until the child becomes legally emancipated. This can be achieved by marrying or Motor vehicle accident reaching the age of 18, usually two years after the incident. There are other exceptions, Motor Vehicle accident and an experienced lawyer can advise on the specifics.

Representation

We have extensive experience in advising and representing utilities and public entities in matters involving motor vehicle accident lawsuit vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water, and sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues regarding rates, services and fees.

We can assist you in determining the parties responsible for an accident involving a motor vehicle accident attorneys vehicle and help you pursue compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics firms on car accidents and product liability claims. We manage pre-suit assessment, proactively manage discovery and employ trial-ready skills to ensure an optimal client outcome, whether through an informal disposition or a favorable final verdict. Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern factory-dealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.