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Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are diminished by their percentage fault. The jury will determine this on the basis of the 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 extent of negligence that led to the incident.

Liability

The aim of a claim for motor vehicle accidents is to obtain compensation from the other party for injuries and losses that were caused through their negligence. 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 must prove that the negligent act of a defendant or inaction resulted in a collision, and injuries to the body.

An experienced lawyer can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's negligence using tort liability principles. This includes a defendant's duty to the victim, the defendant's breach of this duty, direct and actual causation, and injuries.

Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle may be the subject of a lawsuit as well. The majority of insurance policies for automobiles provide coverage to anyone who uses the vehicle with the permission of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle accident attorneys vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses and future loss that will be expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former covers things such as medical expenses and lost income, while the latter is a way to compensate for more intangible things like pain and suffering. Oftentimes, it can be difficult to determine an exact value to non-economic losses like mental stress and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages by making use of a range of techniques. This may include hiring accident reconstruction experts who will analyze photos, police reports witness statements, and other evidence in order to reconstruct the crash.

Your lawyer will also support your claim with expert opinions that outline the economic and non-economic impacts of your injuries. This includes estimates of future medical and support costs, wage projections, and other financial aspects. These are vital to ensure you are completely compensated for any losses that you have suffered and continue to suffer in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence determines how much fault an injured party can be accountable for a car crash. It's an important issue in a lot of cases and something your lawyer may have to prove.

Most states have a form of a comparative fault law that allows victims to be compensated regardless of whether their part of the blame lies with an accident. The amount of compensation will be based on the level of responsibility. If, for example the jury awards $100,000 for your injuries, but decides that you are at least 40% responsible, you will only receive $60,000.

But the law is more complex than that, because there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This bar rule blocks an injured person from receiving compensation if they're responsible for more than 50 percent. It is followed by some states, including Colorado and Utah. Another variation is known as pure comparative fault, which permits victims to recover damages even if found to be at fault.

Statute of Limitations

In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the party responsible for the accident. However, these lawsuits must be filed within a specific time period, referred to as the statute of limitations, or the victim's legal claim will be barred and forfeited for life.

The statute of limitations does not have anything to do with whether or not the defendant's insurance company will settle the case, and everything to do with the initial triggering event in the case-the incident or accident that led to the injury. Determining the exact time the clock starts to tick is crucial to ensure the compliance of this crucial rule.

In New York, people who suffer injuries in car crashes generally have three years to file personal injury lawsuits. In certain cases this time frame can be reduced. For instance, in cases where minors are involved the time limit for a lawsuit is suspended until the child becomes fully emancipated through marriage or turning 18 which typically takes two years following the accident. There are exceptions to this and experienced lawyers can advise on the specifics.

Representation

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

In a motor vehicle accident case, we will help determine the parties at fault and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies regarding car accidents and product liability claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready techniques to ensure an optimal client outcome, whether through summary decision or a favorable final verdict. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relationships and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.