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motor vehicle accident attorney Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff's damages are lowered by their percentage of fault. The jury decides this on the basis of the evidence presented to them.

To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The degree of liability is determined by amount of negligence that contributed to the accident.

Liability

The purpose of a vehicle accident claim is to collect damages for injuries and losses resulting from the negligence of a third party. If the injured party is not in one of the few states that operate under a no-fault insurance system and a trucking accident lawsuit will require showing that the negligence of a defendant or failure to act resulted in a collision, and an injury to the body.

An experienced attorney can assist you in determining whether the driver who was at fault or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability prove the defendant's guilt based on tort liability principles. This includes a defendant’s duty to the victim, a defendant's violation of this duty direct and immediate causation as well as injuries.

A competent lawyer can assist in determining the liability of a situation where the insured driver or the owner of the vehicle are involved in a lawsuit. Most insurance policies for automobiles provide an affirmative insurance to anyone operating the vehicle with the owner's permission, subject to certain exclusions. This analysis will include a review of CPLR SS 1602.

Damages

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

The first is for things like medical expenses and lost income, while the latter compensates for intangibles, such as pain and suffering. Oftentimes, it can be difficult to determine an exact value to non-economic losses like mental stress and the loss of enjoyment life.

Your lawyer will assist to calculate the damages you have suffered using a variety methods. This includes retaining accident reconstruction experts who will look at images of the scene, police reports, witness testimony, and other evidence to determine the way in which the accident took place.

Your attorney will also support your claim by obtaining expert opinions that outline the economic and noneconomic impacts of your injuries. This will include cost estimates for future care and support, wage projections and other financial considerations. This is necessary to ensure you are fully compensated for any losses you've suffered and will be able to recover in the future.

Comparative Fault

A system called comparative fault or contributory negligence - defines the extent to which an injured person is accountable for in a car accident. It's a key issue in a variety of cases and something that your attorney might have to prove.

The majority of states have some kind of a comparative fault law that allows victims to receive compensation even if a portion of the blame lies with an accident. The amount of the settlement will be based on their level of responsibility. For example, if a jury gives you $100,000 for your injuries, but concludes that you're 40% at fault, you'd only receive $60,000.

There are two kinds of modified comparative fault rules. The first is the 50 bar rule. This rules out an injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that are governed by this rule. The other type is pure comparative fault, which allows victims to seek damages even if found to be at fault.

Statute of limitations

In most instances, an individual who has been injured in a car accident can file a lawsuit. These lawsuits must, however, be filed within the timeframe of limitations or else the victim's claim will be forever barred.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle, and it is all about the triggering event that initiated the case-the accident or incident that caused the injury. Determining the exact time the clock begins to tick is vital for respecting this important rule.

In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. The timeframe may be reduced in certain circumstances, however. In cases where a child is involved, for example the statute is stopped until the child becomes free, which is achieved by marriage or at the age of 18, typically two years after the incident. There are other exceptions and experienced attorneys can provide advice on the specifics.

Representation

We have extensive experience in providing advice and representation to public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, including water, electricity and sewer services. We also represent transportation businesses like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can help you determine the parties responsible for the cause of a motor vehicle crash and assist you in pursuing compensation. Our firm also helps victims of car accidents and tractor-trailer accidents, including fatalities caused by negligence.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies on their product liability and automobile accident claims. We handle pre-suit evaluations as well as proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients regardless of whether it is through an informal resolution or a favorable final verdict. Our team regularly counsels franchised motor vehicle accident lawyers vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points as well as warranty and incentive audits, and relocations.