motor vehicle law Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of the fault. This is decided 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. The degree of liability is determined by degree of negligence that contributed to the incident.

Liability

The goal of a motor accident claim is to seek compensation from the other party for losses and injuries caused through their negligence. A lawsuit for a car or trucking crash will require that the injured party prove that the negligent actions of the defendant or inactions caused a collision and the bodily injuries that resulted.

An experienced attorney can assist you in determining if the at-fault driver or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's responsibility in accordance with tort liability principles. This includes a defendant’s obligation to the victim, the defendant's breach of this duty, direct and real causation and injuries.

A skilled lawyer can also assist in analyzing liability in situations where the insured driver or the owner of the vehicle are involved in a lawsuit. Most automobile insurance policies contain an affirmative provision of insurance to anyone operating the vehicle under the owner's permission with certain limitations. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually done by providing detailed information on the expenses out of pocket which are incurred, and also future losses that are anticipated due to the injuries suffered. These are referred to as economic and non-economic damages.

The former is for things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. Sometimes, it is difficult to assign an exact dollar value to non-economic damages such as mental anguish and loss of enjoyment of life.

Your attorney will assist you determine the amount of damages by with a variety of methods. This includes retaining experts in the field of accident reconstruction who review photographs of the scene police reports, Motor Vehicle Litigation witness testimony and other evidence to determine the circumstances of the crash.

Your lawyer will also aid your claim by soliciting expert opinions which outline the economic and noneconomic implications of your injuries. This will include estimates of future care and support costs, wage projections and other financial factors. These are essential to ensure that you are completely compensated for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

A system referred to as comparative fault - also known as contributory negligence - defines the amount of fault that an injured person can be held responsible for a car crash. In many instances, it's a crucial aspect that your lawyer will have to prove.

The majority of states have some type of a comparative fault rule that allows victims to pursue compensation even if they are a part of the blame for an accident. But the amount of their settlement will be reduced by their level of blame. So, for example when a jury decides to award you $100,000 for your injuries but finds you are 40% at fault, you'd only get $60,000.

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

Statute of Limitations

In the majority of instances, a person who is injured in a car crash is eligible to file a claim against the party responsible for the crash. However these lawsuits must be filed within a specific time period, referred to as the statute of limitations or the claim of the victim is forfeited and barred forever.

The statute of limitations has nothing to do whether or whether an insurance company for the defendant will settle the case. It's focused on the primary incident that led to the case, whether it was an incident or accident that caused the injury. The exact time at which the clock begins to run is essential for the compliance of this crucial rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. This time frame may be cut down in certain circumstances, but. If a child is involved, for instance the statute is stopped until the child is legally emancipated. This can be achieved by marrying or reaching the age of 18, usually two years after the incident. There are other exceptions, and a knowledgeable lawyer can advise on the particulars.

Representation

We have extensive experience advising and representing public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities such as electric, gas and water/sewer services. We also represent transportation businesses including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

In a motor vehicle lawyers car accident situation, we can identify the parties responsible and support you in your pursuit of compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as death by negligence.

Our commercial motor vehicle settlement vehicle practice provides advice to manufacturers national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessment as well as proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients whether that is through a the summary disposition or a favorable verdict. Our team assists franchised motor vehicle attorney vehicles and motorcycle dealers on issues that concern factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs and relocations.