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Motor Vehicle Litigation

In the majority of motor vehicle accident law firm vehicle collision lawsuits, the plaintiff’s damages are lowered based on their percentage fault. The jury decides this in accordance with the evidence presented to them.

To be held accountable for personal injury the defendant must have been negligent in the incident. The amount of liability is determined by the extent to which negligence caused the accident.

Liability

The purpose of a claim for motor vehicle accidents is to seek compensation from the party who caused the damages and injuries caused by their negligence. Unless the victim is in one of the states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit will require showing that a defendant's careless actions or failure to act caused a collision and corresponding bodily injury.

An experienced lawyer can help you determine whether the person at fault or a different defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's ability to demonstrate the liability of their defendant on traditional tort liability principles and include a defendant's duty to the plaintiff, the breach of this duty, the real and proximate causation and injuries.

A competent lawyer can help analyze liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer coverage to anyone who uses the vehicle with the approval of the owner, with certain exceptions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses which are incurred, and also the loss that is expected as a result of the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things like medical bills and lost income. The latter is a way to compensate for more intangible things such as suffering and pain. It can be difficult to assign an exact dollar value to non-economic damages like mental distress and loss of enjoyment of life.

Your lawyer will help to calculate the damages you have suffered using a variety of methods. This may include hiring accident reconstruction experts who analyze photos, police reports and witnesses' statements, and other evidence to reconstruct the crash.

Your attorney will also be able to support your claim by soliciting expert opinions which outline the economic and noneconomic impacts of your injuries. These will include estimates of the future costs of care and support costs, wage projections and other financial considerations. These are vital to ensure you are fully compensated for any loss you've suffered and will continue to experience in the near future.

Comparative Fault

In the event of a car crash, a system known as comparative blame (or contributory negligence) determines the amount of fault an injured party is responsible for. It's a crucial issue in a variety of cases and something your lawyer may need to prove.

Many states have a type of a comparative fault law that allows victims to receive compensation even if a portion of the blame is attributed to an accident. However, the amount they receive in settlement will be reduced by their degree of fault. If, for example an award of $100,000 is made by a jury for your injuries, but determines that you're 40% responsible, you will only receive $60,000.

But the law is more complex than that as there are two distinct types of modified rules of comparative fault. The second is known as the 50 bar rule, which prohibits an injured party from claiming damages when they are more than 50 percent at fault. This is the practice of a few states, including Colorado and Utah. Another variation is known as pure comparative fault. This allows victims to seek damages even if they are found to be 99 percent at fault.

Statute of limitations

In most situations, a person is injured in a car crash is legally entitled to file a lawsuit against the person who caused the accident. These lawsuits must, however be filed within the statute of limitations or else the victim's claim will be forever barred.

The statute of limitations has nothing to be concerned with whether or not the defendant's insurance company will settle or not, and it is all about the trigger event that started the case-the incident or accident which caused the injury. So, knowing exactly when the clock will begin to run is crucial in making sure that you are in compliance with this crucial legal requirement.

In New York, those injured in car accidents are allowed up to three years to start a personal injury lawsuit. In certain cases this time frame can be reduced. In cases where a minor is involved, such as the statute is stopped until the child is emancipated, which can be attained by marriage or when they reach the age of 18 usually two years after the incident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

We have extensive experience representing and advising public utilities and 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 represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle collision case, we can help identify the responsible parties and assist you in your quest for compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles offers advice to national leasing companies and national logistics companies on the subject of product liability and auto accident claims. We handle pre-suit evaluations, proactively manage discovery and apply trial-ready techniques to ensure an optimal client outcome whether it's through a an informal disposition or a favorable decision. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represents them in New motor vehicle accidents Vehicle Board protests that involve terminations of dealerships, the addition of points as well as warranty and incentive audits, as well as relocations.