Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's amount is reduced by their percentage of fault. The jury will decide this according to the evidence they are presented.

To be held accountable for an injury the defendant must be negligent at the time of the incident. Liability is determined based on the amount of negligence that contributed to the incident.

Liability

The goal of a motor vehicle accident claim is to recover damages from the other party for injuries and losses that were caused due to their negligence. A lawsuit for a car or trucking collision will require that the victim of the accident prove that the defendant's negligent acts or inactions resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the driver at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's responsibility 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 skilled lawyer can assist in determining the liability in cases where the insured driver or the owner of the vehicle could be the subject of a lawsuit as well. The majority of automobile insurance policies provide protection to those who operate the vehicle with the permission of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle accidents vehicle suit must prove the damages suffered by the plaintiff. This is typically done by providing detailed documentation of out-of-pocket expenses incurred and also future losses that are likely to arise from the injuries that were sustained. These are known as economic and non-economic damages.

The first is for things like medical expenses and lost income, while the latter compensates for intangibles, such as pain and suffering. Oftentimes, it can be difficult to assign a precise amount to non-economic damages such as mental anguish and the loss of enjoyment life.

Your lawyer will help to calculate the damages you have suffered through a variety of ways. This includes retaining experts in accident reconstruction who will look at images of the scene, police reports, witness testimony, and other evidence to understand the way in which the accident took place.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic implications of your injuries. This will include estimates of the future costs of care and support costs, wage projections, and other financial factors. They are required to ensure you are fully compensated for the losses you've suffered and will be able to recover in the future.

Comparative Fault

In a car wreck, a system known as comparative blame (or contributory negligence) determines the amount of fault the person who was injured is accountable for. It's a key issue in many cases and something that your attorney might need to prove.

Most states use some type of a comparative fault rule that allows victims to claim compensation even if they share in the blame for an accident. The amount of compensation will be based on their level of responsibility. If, for example the jury awards $100,000 for your injuries, but determines that you're 40% responsible, you will only receive $60,000.

However, the law is more complex than that, as there are two distinct kinds of modified rules of comparative fault. The one is known as the 50% bar rule, which prevents an injured party from receiving damages in cases where they are more than 50% at fault. Colorado and Utah are two states that adhere to this rule. The other variant is called pure comparative fault, which permits victims to recover damages even if found to be 99 percent at fault.

Statute of limitations

In the majority of situations, a person is injured in a car accident is allowed to file a lawsuit against the party responsible for the accident. These lawsuits must, however, be filed within the statute of limitations, or else the victim's claim is forever barred.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle the case, and it is all about the triggering event that initiated the case-the accident or incident that caused the injury. Knowing the exact moment at which the clock starts to tick is crucial to ensure respecting this important rule.

In New York, those injured in car accidents have up-to three years to file a personal injury lawsuit. This timeline may be shortened in some circumstances, however. In cases where a child is involved, for example the statute is suspended until the child is emancipated, which can be accomplished by marrying or reaching the age of 18, usually two years after the incident. There are exceptions to this, and experienced attorneys can assist with the specifics.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities on matters related to motor vehicle accident lawsuits vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities like electricity, water and sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues involving rates, service and charges.

We can help you determine the parties accountable for accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including death by negligence.

Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on their product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and actively manage the discovery process. We also apply trial-ready techniques to ensure a favorable client outcome whether it's a summative disposition or favourable final decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points as well as warranty and incentive audits, as well as relocations.