Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage of fault. This is decided by the jury on the basis of evidence presented to them.

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

Liability

The objective of a motor vehicle accident claim is to obtain compensation from the other party in exchange for injuries and losses that were caused by their negligence. Unless the victim is in one of the few states that operate under a no-fault insurance program, an automobile or trucking accident lawsuit must demonstrate that the negligence of a defendant or failure to act resulted in a collision and the resulting bodily injury.

An experienced attorney can assist you in determining whether the at-fault driver or any other defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's fault by relying on tort liability rules. 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 also assist in determining liability in cases in which the insured driver or the owner of the vehicle is a party in a lawsuit. The majority of insurance policies for automobiles include an affirmative grant of insurance to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by plaintiff. This is usually done by providing detailed information on the expenses out of pocket incurred, as well as future losses that are expected due to the injuries sustained. These are known as economic and non-economic damages.

The first is for things like medical expenses and lost income and the latter is for intangibles such as pain and motor vehicle lawsuit suffering. Sometimes, it is difficult to assign an exact dollar value to damages that are not economic like mental distress and loss of enjoyment life.

Your lawyer will help to determine your damages using a variety methods. This includes hiring experts in the field of accident reconstruction who review images of the scene, police reports, witness testimony and other evidence to help reconstruct how the accident occurred.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. This will include estimates of the cost for the future of care and support as well as wage projections and other financial considerations. These are crucial to ensure that you are fully compensated for any loss you've suffered and continue to experience in the near future.

Comparative Fault

A system called comparative fault or contributory negligence - defines how much fault an injured person is accountable for a car crash. This is a major issue in many cases and something that your attorney might be required to prove.

The majority of states have some kind of a comparative fault law that allows victims to be compensated regardless of whether their part of blame is an accident. But the amount of their settlement will be reduced by their level of blame. If, for example the jury awards $100,000 for your injuries, but determines that you are 40% responsible, you will only receive $60,000.

However, the law is more complicated than that as there are two distinct varieties of modified rules of comparative fault. The first is known as the 50% bar rule, which prevents the victim from receiving damages when they are more 50 percent at fault. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault. It allows victims to recover damages even if they are found to be at fault.

Statute of limitations

In most instances, the person who was injured involved in a car accident may make a claim. However these lawsuits must be filed within a certain timeframe known as the statute of limitations or the claim of the victim will be barred and forfeited for ever.

The statute of limitations has nothing to have anything to do with whether the insurer of the defendant will settle or not, and it is all about the trigger event that started the case-the accident or incident which caused the injury. The exact time at which the clock starts to tick is crucial to ensure compliance with this important rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In some instances this time frame can be shortened. In cases where a child is involved, for example, the statute is paused until that 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 exceptions, and a knowledgeable attorney can offer advice on the particulars.

Representation

We have a wealth of experience in providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities like electricity, water and sewer services. We also represent transportation organizations, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

We can help you determine the responsible parties for an accident involving a motor vehicle law vehicle and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer collisions, which include the wrongful deaths.

Our practice in commercial motor vehicle lawyer vehicles advises manufacturers, national leasing companies, and national logistics companies regarding product liability and claims for automobile accidents. We handle pre-suit evaluations and proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client, whether through an informal disposition or a favorable decision. Our team assists franchised motor vehicle attorneys vehicles and motorcycle dealers on issues relating to factory-dealer relationships. We also represent them at New motor vehicle law Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.