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Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are reduced by their percentage fault. This is determined by jurors based on evidence presented to them.

In order to be held liable for personal injuries the defendant must have been negligent in the incident. The amount of liability is determined by the degree to which negligence contributed to the accident.

Liability

The aim of a claim for motor vehicle accidents is to obtain compensation from the other party to compensate for injuries and losses caused through their negligence. A lawsuit for an auto or trucking collision will require that the victim of the accident prove that the defendant's negligent acts or inaction resulted in a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine if the at-fault driver or other defendant is liable for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's responsibility in accordance with tort liability principles. This includes a defendant’s duty to the victim, the defendant's breach of this duty, actual and direct causation and injuries.

A skilled lawyer can help analyze liability in situations in which the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who operates the vehicle with the approval of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive information on the expenses out of pocket incurred, as well as the loss that is expected due to the injuries suffered. These are referred to as economic or non-economic damages.

The former covers things like medical bills and Motor vehicle accidents lost income. The second is compensation for more intangible issues like pain and suffering. It is often difficult to determine an exact dollar value to non-economic damages like mental distress and the loss of enjoyment life.

Your attorney will help you calculate your damages with a variety of methods. This includes hiring experts in reconstruction of accidents who look at photographs of the scene, police reports, witness testimony and other evidence to reconstruct the circumstances of the crash.

Your attorney will also be able to support your claim by getting expert opinions that detail the economic and noneconomic effects of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial factors. These are necessary in order to ensure that you're fully compensated for any losses you've suffered and will encounter in the near future.

Comparative Fault

A system called comparative fault or contributory negligence - determines the amount of fault an injured party can be held responsible for a car crash. It's an important issue in a variety of cases and something your lawyer may need to prove.

Most states adopt some kind of a comparative fault rule that allows victims to pursue compensation even if they have a share of the blame in an accident. The amount of the settlement will be based on the degree of fault. So, for example when a jury awards you $100,000 for your injuries, but determines that you're 40% in the wrong, you'd only get $60,000.

There are two types of modified comparative fault rules. The first is the 50% bar rule. This rule prevents an injured party from receiving compensation if they're at fault for more than 50%. Colorado and Utah are two states that are governed by this rule. Another variation is known as pure comparative fault, which permits victims to recover damages even if found to be 99 % at fault.

Statute of Limitations

In most cases, an injured person who is injured in a car crash may make a claim. However, these lawsuits must be filed within the prescribed time of limitations or else the victim's claim will be barred forever.

The statute of limitations does not have anything to determine whether or not the insurance company of the defendant will settle or not, and it is all about the trigger event that started the case - the incident or accident that caused the injury. Therefore, knowing exactly when the clock starts to run is crucial in ensuring compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In some cases the timeline may be shortened. For instance, in situations where a minor is involved the limitation period is paused until the child becomes legally emancipated after marriage or reaching age 18, Motor vehicle accidents which is typically two years after the date of the accident. Other exceptions exist and experienced lawyers can provide advice on the specifics.

Representation

We have extensive experience in representing public entities and utilities in matters relating to motor vehicle accident lawyer vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We also represent transportation businesses including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases that involve rates, fees and service.

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

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about product liability and automobile accidents claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready techniques to ensure an optimal outcome for the client whether that is through a an informal disposition or a favorable final verdict. Our team of lawyers advises franchised motor vehicles and motorcycle dealers on issues that concern factory-dealer relationships and represents them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.