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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury decides this in accordance with the evidence presented to them.

To be liable for an injury, the defendant must be negligent at the time of the incident. Liability is based on the degree to which the negligence caused the accident.

Liability

The purpose of a claim for motor vehicle accidents is to collect damages from the other party to compensate for losses and injuries caused through their negligence. A lawsuit for a car or trucking crash requires that the victim of the accident prove that the negligent actions of the defendant or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine whether the driver who caused the accident or other defendant is liable for your losses. The majority of auto accident cases rest 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, the defendant’s failure to fulfill this duty, direct and immediate causation as well as injuries.

A experienced lawyer can assist with determining the liability in cases where the insured driver or the owner of the vehicle might be involved in lawsuits as well. Most insurance policies for automobiles provide an affirmative provision of insurance to anyone driving the vehicle with owner's permission subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is usually done by providing detailed documentation of out-of-pocket expenses incurred and also the potential for future losses to arise as a result of the injuries suffered. These are referred to as economic or noneconomic damages.

The former is for things like medical expenses and lost income, while the latter pays for intangibles like suffering and pain. Sometimes, it is difficult to assign an exact value to non-economic losses like mental distress and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages by making use of a range of techniques. This includes retaining experts in reconstruction of accidents who examine photographs of the scene police reports, witness testimony, and motor vehicle accidents other evidence to determine how the accident occurred.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for care and support in the future as well as wage projections and other financial considerations. This is necessary to ensure that you're fully compensated for the losses that you have suffered and suffer in the future.

Comparative Fault

A system called comparative fault, also referred to as contributory negligence - defines the extent to which an injured person is held responsible for in a car accident. This is a major issue in a variety of cases and one that your attorney could need to prove.

The majority of states have some kind of comparative fault rule which allows victims to receive compensation regardless of whether their part of the blame is for an accident. The amount of the settlement will be based on the degree of fault. If, for instance, the jury awards $100,000 for your injuries, but determines that you are 40% responsible, you will only receive $60,000.

However, the law is much more complicated than that because there are two distinct kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured party from receiving compensation if they are responsible for more than 50 percent. It is followed by certain states, such as Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to claim damages even if found to be at fault.

Statute of limitations

In most instances, an individual who has been injured in a car crash can make a claim. These lawsuits must, however, be filed within a certain timeframe of limitations or else the claim of the victim is forever barred.

The statute of limitations does not have anything to do with whether or not the defendant's insurance company will settle it, and has everything to do with the triggering event that initiated the case, which is the incident or accident that caused the injury. Thus, knowing precisely when the clock begins to tick is vital for ensuring compliance with this important legal requirement.

In New York, people who suffer injuries in car crashes generally have three years to bring personal injury lawsuits. In certain instances the timeframe can be shortened. In cases where a child is involved, for example, the statute is paused until that child is legally emancipated. This can be attained by marriage or when they reach the age of 18 usually two years after the incident. There are other exceptions, and a knowledgeable lawyer can advise on the specifics.

Representation

We have extensive experience as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, water and gas services. We also represent transportation organizations including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service.

We can help you determine the parties responsible for a motor vehicle accident and help you pursue compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as wrongful death cases.

Our commercial motor vehicle accident attorneys vehicle practice advises manufacturers, national leasing companies, and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready techniques to ensure the best possible client outcome which could be a summary resolution or a favorable final verdict. Our team advises franchised motor vehicles and motorcycle dealers regarding issues pertaining to factory-dealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs, as well as relocations.