Motor Vehicle Litigation

In most Motor Vehicle Law vehicle accident cases, the plaintiff's damages award is reduced by their percentage of fault. The jury decides this on the basis of the evidence they receive.

To be liable for an injury, the defendant must have been negligent at the time of the incident. Liability is based on the degree to which negligence caused the accident.

Liability

The aim of a motor vehicle lawyers vehicle accident claim is to seek damages for injuries and losses caused by another party's negligence. Unless the injured person lives in one of the few states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit must prove that the negligence of a defendant or inaction resulted in a collision and injuries to the body.

An experienced lawyer can help you determine whether the at-fault driver or another defendant is responsible for your losses. Most auto accidents cases rely on a plaintiff's capacity to prove their defendant's liability based on traditional tort liability principles, including a defendant's duty to the plaintiff, the defendant's violation of this duty, the actual and proximate cause, and injuries.

A competent lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who operates 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 lawsuit must establish damages suffered by the plaintiff. This is typically done by providing thorough documents on the out-of-pocket expenses incurred, as well as the loss that is expected due to the injuries sustained. These are known as economic and noneconomic damages.

The former covers things such as medical expenses and Motor Vehicle Law lost earnings, while the second is compensation for more intangible issues like pain and suffering. Sometimes, it is difficult to assign an exact dollar value to non-economic damages like mental distress and loss of enjoyment life.

Your attorney will assist you determine the amount of damages by using a variety of methods. This could include hiring accident reconstruction experts who will examine police reports, photos as well as witnesses' testimony and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and non-economic consequences of your injuries. This includes cost estimates for care and support in the future along with wage projections and other financial factors. These are essential to ensure that you are completely compensated for any losses you've suffered and continue to suffer in the future.

Comparative Fault

A system called comparative fault or contributory negligence - defines the amount of fault an injured party can be accountable for a car crash. In many instances, it's a crucial issue that your attorney must prove.

The majority of states have some kind of a comparative fault system that allows victims to be compensated even if a portion of the blame is attributed to an accident. The amount of the settlement will be determined by the level of blame. For example the case where a judge awards you $100,000 for your injuries, but determines that you're 40 percent in the wrong, you'd receive only $60,000.

There are two kinds of modified comparative fault rules. The first is referred to as the 50% bar rule, which bars an injured party from claiming damages when they are more 50 percent at fault. It is used by certain states, such as Colorado and Utah. Another variation is known as pure comparative fault. It allows victims to seek damages even if found to be 99 percent at fault.

Statute of limitations

In most cases, an injured person in a car accident can make a claim. These lawsuits must, however, be filed within the statute of limitations or the victim's claim will be barred forever.

The statute of limitation does not affect whether or whether an insurance company for 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. Knowing the exact moment at which the clock starts to run is essential for respecting this important rule.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. The timeframe may be reduced in certain circumstances, however. In cases where a minor is involved, as in the statute is stopped until the child is liberated, which is accomplished by marrying or reaching the age of 18, typically two years after the accident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.

Representation

We have years of experience representing and advising utilities and public entities on matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities, such as electric, gas and water/sewer services. We also represent transportation entities including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.

In a motor vehicle collision situation, we can identify the responsible parties and support you in your quest for compensation. Our firm assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our commercial motor vehicle legal vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and claims arising from accidents in the automobile. We handle pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready skills to achieve an acceptable client outcome, be it a summary decision or a favorable verdict. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New motor vehicle legal Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, as well as relocations.