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motor vehicle attorneys Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury will determine this on the basis of the evidence they are presented with.

To be held responsible for a personal injury, the defendant has to have been negligent in the incident. Liability is determined based on the amount of negligence that contributed to the accident.

Liability

The purpose of a vehicle accident claim is to recover damages for damage and losses caused by another party's negligence. If the injured party is not in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit will require showing that a defendant's careless actions or failure to act resulted in a collision, and corresponding bodily injury.

An experienced lawyer can help you determine whether the driver who was at fault or a different defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's fault based on tort liability principles. This includes a defendant's duty to the victim, a defendant's breach of this duty, direct and real causation and injuries.

A experienced lawyer can assist with analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of an action. The majority of insurance policies for automobiles provide coverage to anyone who uses the vehicle under the authority of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle settlement vehicle suit must establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses incurred, as well as the future loss expected due to the injuries sustained. These are referred to as economic and non-economic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles such pain and suffering. It is difficult to determine an amount of money on the non-economic damage, such as mental distress and loss of enjoyment in life.

Your lawyer will assist you in the calculation of your damages through the use of a variety of methodologies. This includes hiring accident reconstruction experts who will examine images of the scene, police reports, witness testimony and other evidence to determine the circumstances of the crash.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This will include estimates of the cost for the future of care and support along with wage projections and other financial considerations. These are essential to ensure that you're completely compensated for any losses you've suffered and continue to be afflicted in the future.

Comparative Fault

In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. This is a major issue in a lot of cases and something your attorney may need to prove.

Most states have some form of a comparative fault system that allows victims to receive compensation even if their share of the blame is for an accident. The amount of the settlement will be based on their degree of fault. If, for instance, a jury awards $100,000 for your injuries, but determines that you're at 40 percent responsible, you will only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50 bar rule, which prohibits an injured party from claiming damages in cases where they are more than 50% at the fault. This is the practice of some states, including Colorado and Utah. The other type is pure comparative fault, which allows victims to seek damages even if found to be at fault.

Statute of Limitations

In the majority of instances, the person who was injured who is injured in a car crash may sue. These lawsuits must, however, be filed within a certain timeframe of limitations or else the victim's claim is forever barred.

The statute of limitations has nothing to do whether or whether an insurance company representing the defendant will settle the case. It is all about the initial event that initiated the case, whether it was an incident or accident which caused the injury. The exact time at which the clock begins to tick is crucial to ensure compliance with this important rule.

In New York, those injured in car accidents have up to three years to make a personal injury claim. In some cases, this timeline can be shortened. In cases where a child is involved, for instance, the statute is paused until the child is emancipated, which can be attained by marriage or when they reach the age of 18, typically two years after the accident. There are other exceptions, and a knowledgeable attorney can give advice on the particulars.

Representation

We have extensive experience consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as electric, gas and water/sewer services. We also represent transportation organizations including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor vehicle legal vehicle crash case, we will help identify the responsible parties and support you in pursuing compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies on the liability of their products and automobile accidents claims. We manage pre-suit assessment as well as proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client whether that is through a summary disposition or a favorable final decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding dealership terminations and motor vehicle litigation audits of incentive and warranty programs and relocations.