Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is lowered by their percentage of the fault. This is decided by jurors based on evidence presented to them.

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

Liability

The goal of a motor vehicle accident lawsuit crash claim is to seek compensation from the other party in exchange for losses and injuries caused by their negligence. A lawsuit for a car or trucking accident will require that the injured victim prove that the negligent actions of the defendant or inactions led to a collision, and the bodily injury that resulted from it.

An experienced attorney can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's fault by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant's breach of this duty, Motor vehicle accident attorneys direct and immediate causation as well as injuries.

Additionally, a competent lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of lawsuits as well. Most automobile insurance policies grant coverage to anyone who operates the vehicle with the consent of the owner, subject to certain exceptions. This analysis will include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses incurred, as well as the loss that is expected as a result of the injuries suffered. These are known as economic and noneconomic damages.

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

Your attorney will assist to calculate the damages you have suffered using a variety methods. This could include hiring experts in accident reconstruction who will analyze photos, police reports, witnesses' testimony, and other evidence to reconstruct the accident.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. This includes cost estimates for future care and assistance, wage projections, and other financial considerations. These are essential in order to ensure that you're fully compensated for the loss you've incurred and encounter in the near future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault that the injured party is accountable for. In many cases, it's an important issue that your attorney must prove.

Most states have some form of comparative fault rule that allows victims to be compensated regardless of their share of blame is an accident. However, the amount they receive in settlement will be reduced by their level of fault. If, for example an award of $100,000 is made by a jury for your injuries, and then determines that you are 40 percent responsible, you'll only receive $60,000.

There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This bar rule blocks the injured party from receiving compensation if they are at fault for more than 50%. It is followed by several states, including Colorado and Utah. Another variant is pure comparative fault. This allows victims to seek damages even if they are found to be 99 percent at fault.

Statute of limitations

In the majority of instances, the person who was injured who is injured in a car crash may bring a lawsuit. However, these lawsuits must, be filed within the statute of limitations or else the victim's claim will be barred forever.

The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It is focused on the primary event that triggered the case, or the incident or accident which caused the injury. Thus, knowing precisely when the clock begins to run is crucial in ensuring compliance with this important legal requirement.

In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. In some cases, this timeline can be reduced. For instance, in cases where a minor is involved the time limit for a lawsuit is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is usually two years after the accident. There are also exceptions and seasoned lawyers can assist with the specifics.

Representation

We have significant experience providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as electric, gas, and water/sewer services. We also represent transportation businesses including taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases involving rates, fees and service.

We can help you determine the parties responsible for accidents involving Motor Vehicle Accident Attorneys vehicles and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, including death by negligence.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies on auto accidents and product liability claims. We handle pre-suit evaluations, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal client outcome whether it's through a the summary resolution or a favorable final verdict. Our team counsels franchised motor vehicle accident lawsuits vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to factory-dealer relationships. We also represent them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs and relocations.