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Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's award is reduced by their percentage of fault. The jury will determine this on the basis of 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 based on the amount of negligence that contributed to the incident.

Liability

The aim of a motor accident claim is to collect damages for the injuries and losses resulting from another party's negligence. A lawsuit for a car or trucking crash requires that the injured victim prove that the defendant's negligence or inactions led to a collision, and the bodily injury that resulted from it.

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

A competent lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. Most automobile insurance policies contain an affirmative grant of coverage to anyone operating the vehicle under the owner's permission, subject to certain exclusions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle suit must prove the damages suffered by a plaintiff. This is usually accomplished by providing a detailed account of the out-of-pocket expenses that were incurred and also future losses expected to result from the injuries suffered. These are known as non-economic and economic damages.

The former is for things like medical expenses and lost income, while the latter pays for intangibles such pain and suffering. It can be difficult to put an amount in dollars for non-economic losses, like mental distress and loss of enjoyment in life.

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

Your attorney will also be able to support your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for care and support in the future, wage projections, and other financial aspects. They are crucial to ensure that you're compensated fully for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

In a car wreck, 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 will need to prove.

Most states adopt some form of a comparative fault rule that allows victims to pursue compensation even if they share in the blame for an accident. The amount of compensation will be determined by the degree of fault. If, for example a jury awards $100,000 for your injuries, but decides that you're at 40 percent responsible, you will only receive $60,000.

There are two distinct types of modified comparative fault rules. The first is the 50% bar rule. This rule prevents the injured party from receiving compensation if they are at fault for more than 50 percent. Colorado and Utah are two states that follow this rule. The other variant, called pure comparative negligence, Motor Vehicle Litigation permits victims to recover damages if they are found to be 99% at fault.

Statute of limitations

In most cases, a person is injured in a car crash is eligible to file a claim against the person who caused the crash. These lawsuits must, however be filed within the prescribed time of limitations or the victim's claim will be forever barred.

The statute of limitation does not have anything to do with whether or not an insurance company for the defendant will settle the case. It's all about the initial event that initiated the case, and the incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is crucial to ensure complying with this important rule.

In New York, those injured in car accidents can have up to three years to start a personal injury lawsuit. In certain instances, this timeline can be shortened. For instance, in cases where minors are involved the statute of limitations is suspended until the child becomes free by marrying or turning 18 which is usually two years after the date of the accident. There are also exceptions and seasoned lawyers can help you understand the particulars.

Representation

We have a wealth of experience in consulting and representing public entities as well as utilities on issues related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities such as electricity, water and sewer services. We also represent transportation organizations including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service.

We can help you determine the parties responsible for the cause of a motor vehicle legal vehicle crash and assist you in pursuing compensation. Our firm assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases.

Our commercial motor vehicle lawyers vehicle practice provides advice to manufacturers national leasing companies, and national logistics companies about car accidents and product liability claims. We manage pre-suit evaluations and proactively manage the discovery process. We also use trial-ready expertise to achieve an acceptable client outcome, be it a summary decision or a favorable verdict. Our team regularly counsels franchised motor vehicle attorney truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.