Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits vehicle accident cases, the plaintiff's damages award is lowered by their percentage of fault. This is determined by the jury on the basis of evidence presented to them.

To be held liable for personal injury the defendant must be negligent during the incident. The amount of liability is determined by the amount of negligence that contributed to the accident.

Liability

The goal of a motor vehicle accident lawyer accident claim is to collect damages from the other party for damages and injuries caused through their negligence. A lawsuit for a car or trucking collision will require that the victim of the accident prove that the defendant's negligent actions or inaction resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the person at fault or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's negligence using tort liability principles. This includes a defendant’s obligation to the victim, the defendant's breach of this duty, actual and direct causation and injuries.

A experienced lawyer can assist with determining the extent of liability in cases where the insured driver or owner of the vehicle might be involved in a lawsuit, too. Most insurance policies for automobiles offer coverage to anyone who operates the vehicle with the permission of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses which are incurred, and also future loss that will be expected as a result of the injuries sustained. These are known as non-economic and economic damages.

The former covers things such as medical expenses and lost income. The latter is compensation for more intangible things such as suffering and pain. Oftentimes, it can be difficult to determine a specific amount to non-economic damages like mental distress and loss of enjoyment of life.

Your attorney will assist to calculate the damages you have suffered using a variety methods. This may include retaining accident reconstruction specialists who will look over police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.

Your lawyer will also strengthen your claim with expert opinions detailing the economic and other effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial considerations. They are required in order to ensure that you're fully compensated for the loss you've incurred and encounter in the near future.

Comparative Fault

In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. In many instances, it's a crucial aspect that your lawyer will need to prove.

The majority of states have some kind of a comparative fault rule, which permits victims to pursue compensation even if they share in the blame for an accident. The amount of compensation will be determined by the level of blame. If, for example an appeals court awards $100,000 for your injuries, but determines that you are at least 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 prevents the injured party from receiving compensation if they're at fault for more than 50 percent. This is the practice of several states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to recover damages if they are found to be 99 per cent responsible.

Statute of limitations

In the majority of instances, a person injured who is injured in a car crash may file a lawsuit. However, these lawsuits must, be filed within the prescribed time of limitations, or else the claim of the victim is forever barred.

The statute of limitations does not have anything to be concerned with whether or not the defendant's insurance company will settle the case, and it is all about the trigger event in the case - the incident or accident which caused the injury. Knowing the exact moment at which the clock begins to tick is crucial for compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. This time frame may be cut down in certain circumstances, however. For example, in cases where a minor is involved the statute of limitations is paused until the child becomes fully emancipated through marriage or reaching age 18, which is typically 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 representing and advising public utilities and public entities in matters related to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities such as electric, gas and water/sewer services. We also represent transportation entities like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor vehicle collision case, we can help determine the parties at fault and support you in the pursuit of compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies and national logistics companies regarding product liability and claims arising from accidents in the automobile. We manage pre-suit assessment and proactively manage the discovery process. We also apply trial-ready techniques to ensure the best possible client outcome, be it a summary decision or a favorable final decision. Our team counsels franchised motor vehicles, motorcycles and truck dealers on issues that concern factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs and relocations.