Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's damages award is reduced by their percentage of the fault. The jury will make this decision according to the evidence presented to them.

To be held responsible for personal injuries the defendant must have been negligent during the incident. The degree of liability is determined by the extent to which negligence contributed to the accident.

Liability

The goal of a motor vehicle case accident claim is to recover damages from the other party for injuries and losses that were caused by their negligence. A lawsuit arising out of an auto or trucking crash requires that the injured victim prove that the defendant's negligent acts or failure to act resulted in a collision and the bodily injury that resulted from it.

An experienced lawyer can help you determine if the driver at fault or a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability to demonstrate the liability of their defendant on the tort liability standard and include a defendant's duty to the plaintiff, the defendant's violation of this duty, the causality that is actual and proximate, and injuries.

Additionally, a competent lawyer can assist in analyzing liability in situations where the insured driver or the owner of the vehicle could be involved in a lawsuit as well. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the consent of the owner, motor vehicle litigation with certain exceptions. This analysis includes a review of CPLR SS 1602.

Damages

A successful motor vehicle law vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses that are incurred, as well as future losses that are expected due to the injuries sustained. These are referred to as economic or noneconomic damages.

The former is used to cover things like medical expenses and lost income as well as compensation for intangibles such pain and suffering. It can be difficult to quantify the dollar value of non-economic damages like mental distress and loss of enjoyment.

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

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. This includes cost estimates for care and support in the future, wage projections, and other financial factors. They are required to ensure you are fully compensated for any losses you have incurred and will suffer in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence, determines the extent to which an injured party can be held responsible for in a car accident. In many instances, it's a crucial issue that your attorney will need to prove.

Most states implement some form of a comparative fault rule, which allows victims to seek compensation even if they share in the blame for an accident. But the amount of their settlement will be reduced based on their level of blame. For example the case where a judge awards you $100,000 for your injuries, but concludes that you're 40% at fault, you'd only receive $60,000.

But the law is more complicated than that, because there are two distinct kinds of modified comparative fault rules. The one is known as the 50% bar rule, which prohibits the victim from receiving damages when they are more than 50% at fault. It is a rule that is followed by a few states, including Colorado and Utah. The other variant, called pure comparative negligence, permits victims to claim damages if they're found to be 99% at fault.

Statute of Limitations

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

The statute of limitation does not affect whether or whether an insurance company representing the defendant will settle the case. It's all about the initial event that initiated the case, or the incident or accident which caused the injury. Therefore, calculating exactly when the clock starts to tick is crucial for to ensure compliance with this important legal requirement.

In New York, people who are hurt in car crashes generally have three years to bring personal injury lawsuits. This time frame can be reduced in some circumstances, however. For example, in cases where a minor is involved the limitation period is paused until the child becomes emancipated by getting married or reaching age 18, which is typically two years after the incident. There are exceptions to this and experienced lawyers can advise on the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities like electric, gas and water/sewer services. We also represent transportation businesses, such as taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

We can assist you in determining the responsible parties in accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, including the cases of wrongful death.

Our practice in commercial motor vehicle attorneys vehicles provides advice to manufacturers, national leasing companies and national logistics companies on product liability and automobile accident claims. We manage pre-suit assessments, proactively manage discovery and apply trial-ready techniques to ensure an optimal outcome for the client whether it's through a the summary decision or a favorable final decision. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points, warranty and incentive audits, as well as relocations.