Motor Vehicle Litigation

In the majority of motor vehicle collision cases, the plaintiff's damages amount is reduced by their percentage of fault. The jury decides this on the basis of the evidence they are presented with.

To be held accountable for an injury the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence that contributed to the incident.

Liability

The aim of a motor crash claim is to obtain compensation from the other party for damages and injuries caused by their negligence. A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the defendant's negligence or failure to act resulted in a collision and the bodily injuries that resulted.

An experienced attorney can assist you in determining if the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases are based on the plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the defendant's violation of this duty, the real and proximate causation and injuries.

A competent lawyer can help analyze liability in situations where the insured driver or owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to any person who drives the vehicle with the approval of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by plaintiff. This is typically done by providing thorough evidence of the expenses and the future loss expected as a result of the injuries suffered. These are known as economic and noneconomic damages.

The former is used to cover things like medical expenses and lost income, while the latter compensates for intangibles like pain and suffering. It can be difficult to establish an amount in dollars for non-economic damages like mental distress and loss of enjoyment.

Your attorney will assist in formulating your damages with the use of a range of techniques. This could include hiring experts in accident reconstruction who will review police reports, photographs as well as witnesses' testimony and other evidence to reconstruct the accident.

Your attorney will also bolster your case with expert opinions detailing the economic and non-economic consequences of your injuries. These will include estimates of costs for future care and assistance, wage projections and other financial factors. They are crucial in order to ensure you're compensated fully for any losses you've suffered and continue to suffer in the future.

Comparative Fault

In the event of a car crash, the system known as comparative fault (or contributory negligence) determines the amount of blame an injured party is responsible for. It's a key issue in a number of cases, and something your attorney may be required to prove.

The majority of states have some kind of comparative fault rule that allows victims to receive compensation regardless of whether their part of the blame is for an accident. But the amount of their settlement will be reduced according to the degree of fault. So, for example, if a jury gives you $100,000 for your injuries, but determines that you're 40 percent at fault, you'd be awarded only $60,000.

There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured party from receiving compensation if they are responsible for more than 50%. It is a rule that is followed by certain states, such as Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to seek damages in the event that they are found to be 99 per cent at fault.

Statute of limitations

In most cases, a person who is injured in a car crash is legally entitled to file a lawsuit against the party responsible for the crash. However they must be filed within a certain timeframe known as the statute of limitations, or the victim's legal claim will be barred and forfeited for life.

The statute of limitations is not a factor in whether or the insurance company of the defendant will settle the case. It's all about the first event that initiated the case, the incident or accident which caused the injury. Therefore, calculating exactly when the clock will begin to tick is crucial for to ensure compliance with this important legal rule.

In New York, those injured in car accidents are allowed up to three years to make a personal injury claim. In some instances the timeline may be reduced. In cases where a child is involved, for instance, the statute is paused until that child is liberated, which is accomplished by marrying or reaching the age of 18 usually two years after the accident. There are also exceptions, and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience advising and representing public agencies and utilities on matters related to motor 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 entities like taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

We can help you determine the responsible parties for a motor vehicle accident and assist you in pursuing compensation. Our firm also helps victims of car accidents as well as tractor-trailer crashes, including the wrongful deaths.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics companies on the liability of their products and automobile accidents claims. We manage pre-suit assessments and assist in the discovery process. We also use trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summative decision or a favorable final decision. Our team regularly advises franchised midvale motor vehicle accident attorney truck, motorcycle and vehicle dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points as well as warranty and incentive audits, as well as relocations.