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motor vehicle accidents Vehicle Litigation

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

To be held responsible for personal injury the defendant must have been negligent during the incident. Liability is determined by the degree of negligence which contributed to the incident.

Liability

The purpose of a motor accident claim is to seek damages for the injuries and losses resulting from another party's negligence. A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the negligent actions of the defendant or inactions resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can assist you in determining whether the person at fault or a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability demonstrate the liability of their defendant on traditional tort liability principles which include a defendant's obligation to the plaintiff, the breach of this duty, the real and proximate causation and injuries.

A skilled lawyer can also assist in analyzing liability in situations in which the insured driver or the owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer protection to those who operate the vehicle under the authority of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by plaintiff. This is usually accomplished by providing detailed documentation of expenses out of pocket as well as future losses that are likely to arise due to the injuries sustained. These are known as economic and noneconomic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles, such as pain and suffering. Sometimes, it is difficult to assign an exact amount to non-economic damages like mental stress and loss of enjoyment of life.

Your lawyer will assist you calculate your damages through a variety of ways. This may include retaining experts in accident reconstruction who will analyze photos, police reports witness statements, and other evidence to reconstruct the accident.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries. This will include estimates of the cost for care and support in the future, wage projections, and other financial aspects. They are crucial to ensure that you are completely compensated for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

A system called comparative fault or contributory negligence - determines the amount of fault an injured person could be accountable for a car crash. In many instances, it's a crucial issue that your lawyer must prove.

Many states have a type of a comparative fault system that allows victims to receive compensation regardless of their share of the blame is for an accident. But the amount of their settlement will be reduced according to the degree of fault. For instance If a jury will award you $100,000 for injuries, but concludes that you're 40 percent at fault, you would only get $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is referred to as the 50 bar rule, which blocks the victim from claiming damages when they are more than 50 percent at the fault. It is a rule that is followed by some states, including Colorado and Utah. The other variant is called pure comparative fault. It allows victims to claim damages even if found to be at fault.

Statute of Limitations

In the majority of cases, a person who is injured in a car crash is legally entitled to file a lawsuit against the person responsible for the accident. These lawsuits must, however, be filed within the timeframe of limitations or the claim of the victim is forever barred.

The statute of limitations has nothing to determine whether or not the insurance company of the defendant will settle, and it is all about the triggering event that initiated the case, which is the incident or accident that caused the injury. So, knowing exactly when the clock begins to tick is vital for ensuring compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. In some instances the timeframe can be shortened. For instance, in cases where a minor is involved the statute of limitations is paused until the child is fully emancipated through marriage or turning 18 which typically takes two years following the accident. Other exceptions exist and experienced lawyers can help you understand the particulars.

Representation

We have a wealth of experience representing and advising utilities and public entities in matters involving 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 companies including taxicabs, motor vehicle accident limousines and trucking companies, before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor vehicle accident instance, we are able to determine the responsible parties and assist you in your quest for compensation. Our firm also helps victims of car accidents as well as tractor-trailer collisions, which include the wrongful deaths.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies about auto accidents and product liability claims. We handle pre-suit evaluations, manage discovery in a proactive manner and apply trial-ready techniques to ensure the best possible outcome for our clients whether that is through a an informal disposition or a favorable verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranties and incentive audits, and relocations.