Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. The jury will make this decision according to the evidence they are presented with.

To be held liable for injuries, the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree to which the negligence caused the accident.

Liability

The aim of a motor vehicle accident law firms accident claim is to collect damages for the injuries and losses resulting from the negligence of a third party. Unless the victim is in one of the few states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit must demonstrate that the defendant's negligent actions or inaction resulted in a collision, and an injury to the body.

An experienced attorney can help you determine whether the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases are based on a plaintiff's ability establish the liability of their defendant based on the tort liability standard which include a defendant's obligation to the plaintiff, the defendant's violation of the duty, causality that is actual and proximate, and injuries.

Additionally, a knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle might be involved in a lawsuit, too. Most insurance policies for automobiles provide an affirmative coverage for anyone who is operating the vehicle under the owner's permission with certain limitations. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses and the loss that is anticipated due to the injuries sustained. These are referred to as economic or non-economic damages.

The former is used to cover things like medical expenses and lost income, while the latter pays for intangibles, such as pain and suffering. It can be difficult to determine an amount of money on non-economic damages like mental distress and loss of enjoyment in life.

Your attorney will assist to calculate the damages you have suffered through a variety of ways. This includes retaining experts in accident reconstruction who will examine photos of the scene, police reports, witness testimony, Motor Vehicle Accident Attorneys and other evidence to reconstruct the circumstances of the crash.

Your attorney will also help to support your claim by providing expert opinions detailing the economic and non-economic impacts of your injuries. These will include estimates of future care and support costs, wage projections, and other financial aspects. These are essential to ensure you are completely compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of fault the person who was injured is accountable for. It's a crucial issue in a lot of cases and something your lawyer may be required to prove.

Most states use some form of a comparative fault rule, which permits victims to seek compensation even if they have a share of the blame in an accident. However, the amount of their settlement will be reduced by the degree of fault. For instance If a jury gives you $100,000 for your injuries, but concludes that you're 40 percent at fault, you will only receive $60,000.

But the law is more complicated than that, because there are two distinct kinds of modified comparative fault rules. The first is the 50 bar rule. This rule prevents an injured person from receiving compensation if they are at fault for more than 50 percent. It is followed by a few states, including Colorado and Utah. The other variant, called pure comparative negligence, permits victims to recover damages if they're found to be 99 percent responsible.

Statute of limitations

In the majority of instances, an individual who has been injured who is injured in a car crash may sue. However the lawsuits must be filed within a specific time frame, known as the statute of limitations or the victim's legal claim is deemed to be void and barred for ever.

The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle, and it is all about the triggering event that initiated the case - the incident or accident that caused the injury. Calculating the exact time that the clock begins to tick is vital for compliance with this important rule.

In New York, people who are injured in car crashes generally have three years to make personal injury lawsuits. In some cases the timeline may be shortened. For instance, in situations where minors are involved the statute of limitations is suspended until the child is legally emancipated after marriage or turning 18 which is usually two years after the date of the accident. There are other circumstances, and a seasoned attorney can give advice on the particulars.

Representation

We have years of experience advising and representing 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, water and gas services. We also represent transportation organizations like taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the parties accountable for an accident involving a motor vehicle and help you pursue compensation. Our firm also helps victims of car accidents and tractor-trailer crashes, as well as wrongful deaths.

Our commercial Motor vehicle Accident attorneys vehicle practice provides advice to manufacturers, national leasing companies, as well as national logistics firms on car accidents and product liability claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready techniques to ensure the best possible outcome for our clients, whether through summary disposition or a favorable verdict. Our team of lawyers advises franchised motor vehicles and motorcycle dealers on issues related to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations.