Motor Vehicle Litigation

In most motor vehicle accident lawsuits vehicle crash lawsuits, the plaintiff’s damages are diminished by their percentage fault. This is determined by the jury based on evidence presented to them.

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

Liability

The purpose of a accident claim is to collect damages for injuries and losses resulting from the negligence of another party. A lawsuit for an auto or trucking crash will require that the injured party prove that the negligent actions of the defendant or failure to act led to a collision, and the resulting bodily injury.

An experienced attorney can help you determine whether the at-fault driver or any other defendant is accountable for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's negligence by relying on tort liability rules. This includes a defendant's obligation to the victim, a defendant's breach of this duty, direct and immediate causation as well as injuries.

Additionally, a skilled lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the permission of the owner, subject to certain exceptions. This analysis will include a review of 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 the out-of-pocket expenses that were incurred and also future losses that are likely to arise as a result of the injuries that were sustained. These are referred to as non-economic and economic damages.

The former covers things like medical expenses and lost income and the latter is for intangibles such pain and suffering. It can be difficult to determine the dollar value of non-economic losses, like mental suffering and loss of enjoyment in life.

Your attorney will assist you in calculating your damages through the use of a range of techniques. This could include hiring accident reconstruction experts who review police reports, photographs as well as witnesses' testimony and other evidence to reconstruct the accident.

Your attorney will also help to support your case with expert opinions detailing the economic and other impacts of your injuries. These will include estimates of costs for the future of care and support as well as wage projections and other financial aspects. They are crucial in order to ensure you're completely compensated for any losses you've suffered and will continue to experience 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 fault that an injured person is responsible for. It's an important issue in a lot of cases and something your attorney may need to prove.

The majority of states have some kind of a comparative fault rule, which allows victims to seek compensation even if share in the blame for an accident. However, the amount of their settlement will be reduced according to the degree of fault. So, for example If a jury awards you $100,000 for your injuries but finds you are 40 percent in the wrong, you'd receive only $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is known as the 50 bar rule, which blocks an injured party from claiming damages if they are more than 50% at the fault. It is followed by some states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, allows victims to recover damages if they're found to be 99 per cent responsible.

Statute of limitations

In the majority of cases, a person is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within the statute 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 or not, and everything to do with the triggering event that initiated the case-the accident or incident that caused the injury. The exact time at which the clock starts to tick is crucial for the compliance of this crucial rule.

In New York, people who are injured in car accidents generally have three years to bring personal injury lawsuits. In some instances this time frame can be reduced. In the event that a child is involved, for example the statute is put on hold until the child is liberated, which is accomplished by marrying or reaching the age of 18 usually two years after the accident. There are other circumstances, and a seasoned attorney can give advice on the specifics.

Representation

We have extensive experience in consulting and representing public entities and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities like water, electricity and sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues concerning rates, service and charges.

We can help you determine the parties responsible for a Motor Vehicle Accident Lawsuits vehicle accident and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as cases of wrongful deaths.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies regarding auto accidents and product liability claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready skills for an optimal client outcome whether it's through a an informal disposition or a favorable final verdict. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, as well as relocations.