Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of fault. This is decided by the jury on the basis of evidence presented to them.

In order to be held liable for personal injury, the defendant has to have been negligent in the incident. Liability is based on the extent to which negligence contributed to the accident.

Liability

The aim of a motor vehicle accident claim is to recover damages for the damage and losses caused by negligence of another party. Unless the victim is in one of the few states that operate under a no-fault insurance program, an automobile or trucking accident lawsuit will require showing that a defendant's careless actions or failure to act caused a collision and injuries to the body.

An experienced attorney can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's ability demonstrate the liability of their defendant on traditional tort liability principles that include a defendant's responsibility to the plaintiff, motor the breach of this duty, the real and proximate causation and injuries.

A skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle could be the subject of a lawsuit, too. Most insurance policies for automobiles provide an affirmative grant of insurance to anyone operating the vehicle under the owner's permission subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by plaintiff. This is typically accomplished by providing a detailed record of out-of-pocket expenses incurred and also future losses expected to arise as a result of the injuries that were sustained. These are known as economic and non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles like pain and suffering. It can be difficult to quantify a dollar amount on non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will assist you calculate your damages through a variety of ways. This includes retaining experts in accident reconstruction who will examine photos of the scene, police reports, witness testimony, and other evidence to understand the circumstances of the crash.

Your lawyer will also strengthen your claim with expert opinion detailing the economic and non-economic impacts of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial considerations. These are vital to ensure that you're fully compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

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

The majority of states have some kind of comparative fault rule that allows victims to receive compensation even if their share of the blame is attributed to an accident. But the amount of their settlement will be reduced according to their level of fault. For instance, if an award of $100,000 is made by a jury for your injuries, but determines that you're at 40 percent responsible, you'll only receive $60,000.

There are two kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they're responsible for more than 50 percent. It is used by a few states, including Colorado and Utah. Another variation is known as pure comparative fault. This allows victims to seek damages even if found to be 99 % at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car accident is allowed to file a lawsuit against the person responsible for the crash. However they must be filed within a certain timeframe known as the statute of limitations or the claim of the victim is forfeited and motor barred forever.

The statute of limitation has nothing to do whether or not an insurance company for the defendant will settle the case. It is all about the first event that triggered the case, or the incident or accident which caused the injury. Determining the exact time the clock begins to tick is crucial for the compliance of this crucial rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In some instances the timeframe can be reduced. For instance, in cases where minors are involved, the statute of limitations is paused until the child becomes legally emancipated after marriage or reaching age 18, which is typically two years after the accident. There are other exceptions, and an experienced attorney can provide advice on the particulars.

Representation

We have years of experience advising and representing utilities and public entities on matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and fees.

We can help you determine the parties accountable for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including wrongful deaths.

Our practice in commercial motor vehicles assists 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 and are proactive in managing the discovery process. We also use trial-ready techniques to ensure an outcome that is favorable to the client, be it a summary decision or a favorable final decision. Our team counsels franchised grand terrace motor vehicle accident attorney vehicles and motorcycle dealers on issues related to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.