Motor Vehicle Litigation

In the majority of motor vehicle claim vehicle collision lawsuits, the plaintiff’s damages are lowered by their percentage of fault. The jury decides this based on the evidence they are presented.

To be held liable for injuries the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree of negligence which contributed to the accident.

Liability

The objective of a motor crash claim is to recover damages from the other party to compensate for injuries and losses that were caused due to their negligence. A lawsuit for an automobile or trucking accident will require that the victim of the accident prove that the negligent actions of the defendant or inaction led to a collision, and the bodily injuries that resulted.

An experienced lawyer can help you determine if the at-fault driver or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability to demonstrate the liability of their defendant on traditional tort liability principles and motor vehicle litigation include a defendant's duty to the plaintiff, the defendant's violation of the duty, actual and proximate cause, and injuries.

A skilled lawyer can also assist in determining the liability of a situation in which the insured driver or owner of the vehicle is a party in a lawsuit. The majority of automobile insurance policies include an affirmative provision of coverage for anyone who is operating the vehicle under the owner's permission, subject to certain exclusions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle compensation vehicle suit must prove the damages suffered by a plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses which are incurred, and also the future loss expected as a result of the injuries sustained. These are known as non-economic and economic damages.

The former covers things like medical expenses and lost income. The latter is a way to compensate for more intangible issues like pain and suffering. It is difficult to determine a dollar amount on non-economic losses, like mental suffering and loss of enjoyment in life.

Your attorney will assist in formulating your damages with the use of a range of techniques. This includes retaining experts in the field of accident reconstruction who analyze photographs of the scene, police reports, witness testimony, and other evidence to reconstruct the circumstances of the crash.

Your lawyer will also aid your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries. This will include estimates of future care and support costs, wage projections and other financial considerations. They are crucial to ensure that you are fully compensated for any losses you have suffered and will continue to suffer in the future.

Comparative Fault

A system known as comparative fault - or contributory negligence determines the extent to which an injured party can be held responsible for a car crash. It's a crucial issue in many cases and something your attorney may be required to prove.

Most states have a form of a comparative fault system that allows victims to receive compensation even if their share of the blame is attributed to an accident. The amount of compensation will be based on the level of responsibility. If, for instance, a jury awards $100,000 for your injuries, and then determines that you are 40 percent responsible, you'll only receive $60,000.

However, the law is more complex than that, as there are two distinct kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents the injured party from receiving compensation if they're responsible for more than 50%. This is the practice of certain states, such as Colorado and Utah. The other type, known as pure comparative negligence, allows victims to claim damages if they are found to be 99% responsible.

Statute of limitations

In most instances, the person who was injured in a car crash can sue. However they must be filed within the 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 determine whether or not the defendant's insurance company will settle the case, and it is all about the trigger event in the case-the accident or incident that led to the injury. Therefore, knowing exactly when the clock begins to run is crucial in the proper application of this important legal rule.

In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. In certain instances the timeframe can be reduced. In the event that a child is involved, for instance the statute is suspended until the child becomes liberated, which is achieved by marriage or at the age of 18 typically two years after the accident. There are other exceptions, and an experienced attorney can give advice on the specifics.

Representation

We have a wealth of experience in as a consultant and advocate for public agencies and utilities on matters related to motor vehicle litigation. Our clients include local county, state, and federal entities that regulate fixed public utilities such as gas, electric and water/sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and charges.

We can assist you in determining the responsible parties in the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, including wrongful death cases.

Our commercial motor vehicle lawyers vehicle practice provides advice to manufacturers national leasing companies, as well as national logistics companies about the liability of their products and automobile accidents claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready skills for the best possible outcome for our clients whether it's through a an informal resolution or a favorable final decision. Our team counsels franchised motor vehicle law vehicles and motorcycle dealers on issues relating to factory-dealer relations and represents them at New motor vehicle settlement Vehicle Board protests regarding dealership terminations and audits of incentive and warranty programs, as well as relocations.