Motor Vehicle Litigation

In the majority of motor vehicle crash cases, the plaintiff's amount is reduced by their percentage of the fault. The jury will decide this in accordance with the evidence they receive.

To be held liable for a personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The objective of a claim for motor vehicle accidents is to obtain compensation from the party who caused the damages and injuries caused by their negligence. A lawsuit for an auto or trucking crash will require that the victim of the accident prove that the defendant's negligence or failure to act led to 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 any other defendant is accountable for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's fault based on tort liability principles. This includes a defendant's duty to the victim, the defendant’s violation of this duty direct and actual causation, and injuries.

A knowledgeable lawyer can help analyze liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is typically accomplished by providing a detailed account of the expenses incurred out of pocket as well as future losses expected to arise 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. The latter is compensation for more intangible things such as pain and suffering. It can be difficult to determine a specific dollar value to damages that are not economic such as mental anguish and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages through the use of a range of techniques. This could include hiring accident reconstruction experts who will analyze photos, police reports witness statements, and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. These will include estimates of future healthcare and support costs, wage projections and other financial considerations. These are vital to ensure you are fully compensated for any losses that you have suffered and continue to be afflicted in the future.

Comparative Fault

In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. In many instances, it's a crucial issue that your attorney will need to prove.

The majority of states have some kind of a comparative fault law that allows victims to be compensated even if their share of blame is an accident. The amount of the settlement will be determined by the level of responsibility. For example the case where a judge awards you $100,000 for your injuries, but determines that you're 40% at fault, you'd be awarded only $60,000.

But the law is more complex than that, because there are two distinct types of modified rules of comparative fault. The first is referred to as the 50% bar rule, which bars an injured party from claiming damages if they are more than 50% at fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault. This allows victims to recover damages even if found to be at fault.

Statute of limitations

In the majority of instances, a person injured in a car crash can bring a lawsuit. However they must be filed within a specified timeframe known as the statute of limitations, or the claim of the victim will be barred and forfeited for life.

The statute of limitation does not affect whether or not an insurance company for the defendant will settle the case. It's all about the initial event that initiated the case, or the incident or accident which caused the injury. Therefore, calculating exactly when the clock begins to run is crucial in to ensure compliance with this important legal requirement.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. In some cases the timeline may be shortened. In cases where a minor motor vehicle Accidents is involved, such as the statute is put on hold until that child is emancipated, which can be accomplished by marrying or reaching the age of 18 typically two years after the incident. Other exceptions exist and experienced lawyers can assist with the specifics.

Representation

We have extensive experience in representing public utilities and Motor Vehicle Accidents public entities in matters involving motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, gas and water/sewer services. We also represent transportation companies like taxicabs trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.

In a motor car accident instance, we are able to determine the parties at fault and assist you in your quest for compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicle accident attorneys vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit assessments and proactively manage the discovery process. We also employ trial-ready skills to achieve an outcome that is favorable to the client, be it a summary decision or a favorable verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points, warranty and incentive audits, and relocations.