Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. This is determined by jurors based on evidence presented to them.

To be held liable for personal injury the defendant must be negligent during the incident. Liability is determined by the extent of negligence that led to the incident.

Liability

The purpose of a motor vehicle accident claim is to seek damages for the damages and injuries caused by the negligence of a third party. If the injured party is not in one of the few states that operate under a no-fault system of insurance and a trucking accident lawsuit requires that the negligent act of a defendant or inaction caused a collision with an injury to the body.

An experienced lawyer can help you determine whether the person at fault or a different defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's negligence based on tort liability principles. This includes a defendant's obligation to the victim, defendant's infraction of this duty, actual and direct causation and injuries.

A skilled lawyer can assist in determining liability in cases where the insured driver or owner of the vehicle are involved in a lawsuit. The majority of insurance policies for automobiles provide protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle accident lawsuits vehicle suit must establish the amount of damages suffered by the plaintiff. This is typically done by providing thorough information on the expenses out of pocket and the future loss expected due to the injuries suffered. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost income. The latter is a way to compensate for more intangible things like pain and suffering. It can be difficult to assign a precise amount to non-economic damages like mental stress and loss of enjoyment life.

Your attorney will help you calculate your damages with a variety of methods. This could include retaining accident reconstruction experts who will examine police reports, photos and witnesses' statements, and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by seeking expert opinions on the economic and non-economic consequences of your injuries. These will include estimates of future care and support costs, wage projections, and other financial considerations. These are vital to ensure that you're fully compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system referred to as comparative fault - also known as contributory negligence determines the amount of fault an injured party can be accountable for in a car accident. It's a key issue in a number of cases, and something your lawyer may need to prove.

Most states have a form of comparative fault rule which 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 by the degree of fault. So, for example the case where a judge gives you $100,000 for your injuries, but determines that you're 40 percent at fault, you would only get $60,000.

There are two kinds of modified comparative-fault rules. The second is known as the 50% bar rule, which bars an injured party from receiving damages when they are more 50% at fault. Colorado and Utah are two states that follow this rule. The other type is pure comparative fault, which permits victims to seek damages even if they are found to be at fault.

Statute of Limitations

In the majority of instances, an individual who has been injured who is injured in a car crash may sue. However they must be filed within a certain time period, referred to as the statute of limitations, or the victim's legal claim will be barred and forfeited for ever.

The statute of limitations has nothing to determine whether or not the defendant's insurance company will settle it, and has it is all about the trigger event that started the case - the incident or accident that led to the injury. Calculating the exact time that the clock starts to tick is crucial for complying with this important rule.

In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In certain cases this time frame can be reduced. For instance, in situations where minors are involved the statute of limitations is suspended until the child is fully emancipated through marriage or reaching age 18, which typically takes two years after the incident. Other exceptions exist and seasoned lawyers can assist with the specifics.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We represent transportation companies, such as limousines and taxicabs before the Public Utilities Commission on issues that concern rates, service and charges.

In a motor car accident case, we can help determine the parties at fault and support you in your pursuit of compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including the cases of wrongful death.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics firms on auto accidents and product liability claims. We handle pre-suit assessments and proactively manage the discovery process. We also employ trial-ready techniques to ensure the best possible client outcome, be it a summary disposition or favourable final decision. Our team assists franchised motor vehicles and motorcycle dealers regarding issues pertaining to dealer-factory relationships and also represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.