Motor Vehicle Litigation
In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered by their percentage of fault. This is determined by the jury on the basis of evidence presented to them.
To be held accountable for an injury the defendant must be negligent at the time of the incident. Liability is determined by the degree to which the negligence contributed to the accident.
Liability
The purpose of a motor vehicle accident claim is to seek damages for the damages and injuries caused by the negligence of another party. A lawsuit for an auto or trucking accident will require that the injured victim prove that the defendant's negligence or failure to act caused a collision and the bodily injury that resulted from it.
An experienced lawyer can help you determine the fault of the driver 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 the tort liability standard, including a defendant's duty to the plaintiff, the defendant's breach of that duty, actual and proximate cause, and injuries.
A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle may be the subject of an action. The majority of automobile insurance policies include an affirmative provision of insurance to anyone operating the vehicle with owner's permission but subject to certain restrictions. This analysis also includes a look at of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing a detailed account of the out-of-pocket expenses that were incurred as well as future losses expected to arise from the injuries sustained. These are called economic and non-economic damages.
The former covers things like medical bills and lost income. The latter is compensation for more intangible issues like suffering and pain. It can be difficult to assign a precise amount to non-economic damages such as mental anguish and loss of enjoyment life.
Your lawyer will help you calculate your damages using a variety of methods. This may include hiring accident reconstruction experts who will look over police reports, photos witness statements, and other evidence in order to reconstruct the accident.
Your attorney will also be able to support your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. This will include estimates of the cost for the future of care and support along with wage projections and other financial factors. These are necessary in order to ensure that you're fully compensated for
motor vehicle accident lawyers losses that you have suffered and encounter in the near future.
Comparative Fault
In a car accident, a system called comparative fault (or contributory negligence) determines the amount of fault that the injured party is accountable for. In many instances, it's a crucial aspect that your lawyer will need to prove.
Most states adopt some kind of a comparative fault rule that allows victims to seek compensation even if are a part of the blame for an accident. The amount of the settlement will be based on the level of blame. For instance, if a jury awards you $100,000 for your injuries, but concludes that you're 40 percent at fault, you would only get $60,000.
There are two kinds of modified comparative-fault rules. The first is known as the 50% bar rule, which bars the victim from receiving damages in cases where they are more than 50 percent at the fault. Colorado and Utah are two states that are governed by this rule. The other variant is called pure comparative fault. It allows victims to seek damages even if they are found to be at fault.
Statute of Limitations
In the majority of situations, a person is injured in a car crash is entitled to file a lawsuit against the party who caused the crash. However they must be filed within a specific time period, referred to as the statute of limitations, or the claim of the victim will be forfeited and barred forever.
The statute of limitations does not have anything to be concerned with whether or not the defendant's insurance company will settle or not, and it is all about the initial triggering event in the case, which is the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is crucial for ensuring compliance with this important legal requirement.
In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. In certain cases the timeline may be reduced. For example, in cases where minors are involved, the limitation period is paused until the child becomes emancipated by getting married or turning 18 which is usually two years after the date of the accident. There are other exceptions and seasoned lawyers can provide advice on the specifics.
Representation
We have years of experience representing and advising utilities and public entities in matters involving
motor vehicle accident lawyer vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation companies, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases that involve rates, fees and service.
We can help you determine the parties responsible for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer collisions and car accidents, including cases of wrongful deaths.
Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics
firms on car accidents and product liability claims. We manage pre-suit evaluations and are proactive in managing the discovery process. We also apply trial-ready skills to obtain a favorable client outcome which could be a summary resolution or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, and relocations.
