Motor Vehicle Litigation
In most
motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage of fault. This is determined by the jury based on evidence presented to them.
To be held liable for injuries, the defendant must be negligent at the time of the incident. Liability is based on the extent to which negligence contributed to the accident.
Liability
The goal of a motor accident claim is to collect damages for damage and losses caused by negligence of another party. A lawsuit arising out of an auto or trucking collision will require that the injured victim prove that the defendant's negligence or failure to act caused a collision and the bodily injury that resulted from it.
An experienced attorney can assist you in determining whether the person at fault or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability establish their defendant's liability based on the tort liability standard and include a defendant's duty to the plaintiff, the defendant's breach of this duty, the causality that is actual and proximate, and injuries.
A experienced lawyer can assist with determining liability in situations where the insured driver or the owner of the vehicle may be the subject of lawsuits as well. Most insurance policies for automobiles provide an affirmative provision of coverage to anyone driving the vehicle with owner's permission but subject to certain restrictions. This usually involves analyzing CPLR SS 1602.
Damages
A successful motor vehicle lawsuit has to prove the damages suffered by the plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses and future losses that are expected due to the injuries sustained. These are known as non-economic and economic damages.
The former is used to cover things like medical expenses and lost income as well as compensation for intangibles like pain and suffering. Oftentimes, it can be difficult to determine a specific dollar value to non-economic damages such as mental anxiety and the loss of enjoyment life.
Your attorney will assist to calculate the damages you have suffered through a variety of ways. This includes hiring experts in accident reconstruction who will look at photographs of the scene police reports, witness testimony, and other evidence to understand the way in which the accident took place.
Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This includes cost estimates for the future of care and support, wage projections and other financial aspects. These are essential in order to ensure that you're fully compensated for losses you've suffered and will encounter in the near future.
Comparative Fault
A system called comparative fault, also referred to as contributory negligence determines how much fault an injured party can be accountable for a car crash. In many instances, it's a crucial issue that your attorney will need to prove.
Many states have a type of a comparative fault law that allows victims to receive compensation regardless of their share of the blame lies with an accident. However, the amount of their settlement will be reduced according to their level of blame. For instance, if an appeals court awards $100,000 for your injuries, but decides that you're 40 percent responsible, you'll only receive $60,000.
But the law is more complicated than that, as there are two distinct kinds of modified comparative fault rules. The first is referred to as the 50% bar rule,
motor vehicle Accident Attorney which prohibits an injured party from claiming damages when they are more than 50% at the fault. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, allows victims to seek damages in the event that they're found to be 99 percent at fault.
Statute of limitations
In most instances, a person injured in a car accident can bring a lawsuit. However they must be filed within a specific timeframe known as the statute of limitations or the victim's legal claim is deemed to be void and barred forever.
The statute of limitations does not have anything to determine whether or not the insurer of the defendant 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 run is essential for the compliance of this crucial rule.
In New York, those injured in car accidents are allowed up to three years to start a personal injury lawsuit. This time frame may be cut down in certain circumstances, but. For instance, in situations where a minor is involved the statute of limitations is paused until the child is free by marrying or reaching age 18, which is typically two years after the date of the accident. There are other exceptions, and a knowledgeable attorney can give advice on the specifics.
Representation
We have a wealth of experience representing public entities and utilities in matters involving motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees.
We can help you determine the responsible parties in an accident involving a
Motor Vehicle Accident Attorney vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including the cases of wrongful death.
Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, as well as national logistics companies regarding product liability and automobile accidents claims. We manage pre-suit assessments as well as proactively manage discovery. We utilize trial-ready expertise to ensure an optimal outcome for the client whether it's through a summary disposition or a favorable final verdict. Our team advises franchised motor vehicles, motorcycles and truck dealers on issues relating to dealer-factory relationships and also represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.