Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. The jury will decide this according to the evidence they receive.

To be held accountable for personal injuries, the defendant has to have been negligent during the incident. The degree of liability is determined by the extent to which negligence caused the accident.

Liability

The purpose of a vehicle accident claim is to collect damages for the injuries and losses resulting from another party’s negligence. A lawsuit for a car or trucking collision will require that the injured victim prove that the defendant’s negligent actions or failure to act led to a collision, and the resulting bodily injury.

An experienced attorney can help you determine the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases are based on the plaintiff’s ability to establish the liability of their defendant based on the tort liability standard and include a defendant’s duty to the plaintiff, the breach of this duty, the actual and proximate causation, and injuries.

A competent lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle may be involved in lawsuits as well. Most automobile insurance policies grant protection to those who operate the vehicle with the approval of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful sandy motor vehicle accident lawsuit vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses that are incurred, as well as future loss that will be expected as a result of the injuries suffered. These are referred to as economic or non-economic damages.

The former is for things like medical expenses and lost income and the latter is for intangibles such as suffering and pain. It is difficult to put an amount of money on non-economic losses, like mental distress and loss of enjoyment in life.

Your attorney will assist in formulating your damages with the use of a variety of methodologies. This includes hiring accident reconstruction experts who will review photographs of the scene, police reports, witness testimony and other evidence to understand how the accident occurred.

Your attorney will also bolster your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial aspects. They are required to ensure that you are fully compensated for the losses you have incurred and will suffer in the future.

Comparative Fault

In a car accident, the concept of comparative fault (or contributory negligence) determines the degree of fault an injured party is responsible for. It’s a crucial issue in a lot of cases and one that your attorney could need to prove.

Most states adopt some version of a a comparative blame rule, which permits victims to seek compensation even if are a part of the blame for an accident. However, the amount of their settlement will be reduced based on their degree of fault. So, for example If a jury decides to award you $100,000 for your injuries, but concludes that you’re 40% at fault, you would only get $60,000.

There are two types of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they are responsible for more than 50%. It is used by a few states, including Colorado and Utah. The other type, known as pure comparative negligence, permits 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 who is injured in a car accident is eligible to file a claim against the party responsible for the crash. These lawsuits must, however, be filed within the timeframe of limitations, or else the victim’s claim is forever barred.

The statute of limitations is not a factor in whether or not an insurance company for the defendant will settle the case. It is all about the incident that led to the case, or the incident or accident that caused the injury. Knowing the exact moment at which the clock begins to tick is vital for complying with this important rule.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. This time frame may be cut down in certain situations, however. For instance, in cases where minors are involved, the statute of limitations is suspended until the child becomes emancipated by getting married or turning 18 which is usually two years following the accident. There are other exceptions, and a skilled attorney can provide advice on the specifics.

Representation

We have extensive experience representing public utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as water, electricity and sewer services. We also represent transportation companies like taxicabs, Vimeo limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

In a motor car accident instance, we are able to determine the responsible parties and support you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including cases of wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies on auto accidents and product liability claims. We manage pre-suit evaluations and Vimeo actively manage the discovery process. We also employ trial-ready techniques to ensure an acceptable client outcome, be it a summary decision or a favorable decision. Our team assists franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to factory-dealer relationships. We also represent them in New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs and relocations.