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Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury will decide this according to the evidence they are presented with.

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

Liability

The purpose of a motor accident claim is to recover damages from the other party for injuries and losses that were caused due to their negligence. Unless the victim is in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must prove that the negligent act of a defendant or inaction resulted in a collision, and corresponding bodily injury.

An experienced lawyer can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto accident cases hinge on a plaintiff's ability to establish their defendant's liability based on traditional tort liability principles, including a defendant's duty to the plaintiff, the defendant's violation of the duty, actual and proximate causation, and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle may be involved in lawsuits as well. Most insurance policies for automobiles provide an affirmative guarantee of protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle claim vehicle lawsuit needs to prove the damages suffered by a plaintiff. This is typically done by providing thorough information on the expenses out of pocket that are incurred, as well as the future loss anticipated due to the injuries suffered. These are referred to as non-economic and economic damages.

The former covers things such as medical bills and lost income, while the latter is compensation for more intangible things like suffering and pain. It can be difficult to quantify the dollar value of non-economic losses, like mental suffering and loss of enjoyment.

Your lawyer will assist you in the calculation of your damages by making use of a variety of methods. This could include hiring experts in accident reconstruction who will look over police reports, photos as well as witnesses' testimony and other evidence to reconstruct the accident.

Your attorney will also bolster your claim with expert opinion that outline the economic and non-economic effects of your injuries. This will include cost estimates for future care and support along with wage projections and other financial considerations. They are required to ensure that you are fully compensated for the losses you have incurred and will encounter in the near future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence - determines the amount of fault that an injured party can be held responsible for a car crash. In many cases, it's an important issue that your attorney will need to prove.

Most states have some form of comparative fault rule that allows victims to be compensated regardless of their share of the blame lies with an accident. The amount of the settlement will be based on their degree of fault. For instance the case where a judge awards you $100,000 for your injuries, but finds that you're 40% at fault, you will receive only $60,000.

There are actually two different types of modified comparative-fault rules. The first is known as the 50 bar rule, which blocks an injured party from claiming damages when they are more than 50% at fault. Colorado and Utah are two states that are governed by this rule. Another variant, referred to as pure comparative negligence, permits victims to seek damages if they are found to be 99 percent responsible.

Statute of Limitations

In the majority of instances, the person who was injured in a car crash can sue. However, these lawsuits must be filed within the timeframe of limitations or the claim of the victim is forever barred.

The statute of limitations has nothing to do with whether or not the insurer of the defendant will settle, and everything to do with the trigger event in the case - the incident or accident that led to the injury. Thus, knowing precisely when the clock will begin to run is crucial in ensuring compliance with this important legal requirement.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. The timeframe may be reduced in certain circumstances, however. For instance, in situations where minors are involved the limitation period is paused until the child is fully emancipated through marriage or reaching age 18, Motor Vehicle Law which is usually two years after the accident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

We have a wealth of experience in providing advice and representation to public agencies and utilities on matters related to motor vehicle law vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as electric, gas, and water/sewer services. We also represent transportation businesses, Motor Vehicle Law such as taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can assist you in determining the parties accountable for a motor vehicle claim vehicle accident and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as death by negligence.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies on their product liability and claims arising from accidents in the automobile. We manage pre-suit assessments, manage discovery in a proactive manner and apply trial-ready techniques to ensure the best possible outcome for our clients regardless of whether it is through summary disposition or a favorable decision. Our team of lawyers advises franchised motor vehicle law vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to dealer-factory relationships and also represents them in New motor vehicle Law Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.