How to Build a
Motor vehicle accident law firm Vehicle Case
In the majority of
motor vehicle accidents, you can recover the New York State minimum of $25,000/$50,000 for injuries or property damage. However, the case becomes more complicated when you bring a lawsuit against entities other than the owner or driver of the vehicle.
For example in New York, under the pure fault rule of comparative negligence it is possible to be able to recover from multiple at-fault parties. The issue is if the other parties are leasing or rental car companies, or entities.
Identifying the party at fault
The first step in determining the at-fault party in a motor vehicle accident is to review evidence from the scene of the accident. A police officer investigating the crash will interview all passengers and drivers as witnesses to collect an exact account of what transpired. These details will form the basis of a police report and help to establish who was negligent and who was at fault, which is an important factor in determining fault.
It is also helpful to examine any damages that have been done to the vehicles involved. For instance when you were hit by a driver, the rear vehicle's rear bumper damage is likely to reveal a story that is clear cut as to who was at fault in the incident.
In New York, a state with no-fault insurance, the person at fault is liable to pay for medical bills and lost wages to the policy limits. However, if you suffer an injury that is deemed by the state as being serious, such as loss of a limb, significant impairment of your body, disfigurement or death it is possible to recover more comprehensive damages by filing a lawsuit against the responsible party.
In the case of car accidents occurring within New York requires a thorough knowledge of the law of the state and the various statutes,
motor vehicle accident law firm such as CPLR SS 388, which places vicarious liability on the owner of vehicles for the negligence of drivers operating their vehicles with their permission. This is a rebuttable assumption and both sides' evidence will be scrutinized to determine if the owner had the driver’s express or implicit permission at the time that the accident occurred.
Collecting evidence
In any lawsuit there is evidence that is the most important thing. It includes witness testimony, photos, physical items, and documentation. The more evidence you have, the greater your chances of winning. Car accident cases are no exception. It is vital to have the proper evidence to prove your case. The first step is to gather the facts as soon as you can following the incident.
If you are physically able to do so, take pictures of the scene of the crash as soon as you can, including vehicle damage, skid marks and other debris. Note the date, the time, and the location of the accident. It's important to have this information in case you require access to traffic or security camera footage for your case.
Depositions and interrogatories are another method to gather evidence. Interrogatories consist of written questions that the other party must answer under oath in a certain time frame. Depositions are a type of testimony which is not in court and typically recorded and transcribable. Depositions can provide important details about the accident and the other parties.
It is also essential to speak to anyone who witnessed the incident, especially when they are willing to make a statement. Often, witnesses who are neutral can be more convincing than those who have an economic stake in the outcome of the case. This is especially true for accidents involving hit-and-runs, in which the other driver might not be caught right away.
Finding the testimony of witnesses
If witnesses were present at the scene of the incident they will likely be willing and be able to testify in your favor. However, there are occasions witnesses refuse to give their testimony. In these cases, your attorney may need to apply for a subpoena in order to legally demand their testimony.
There are several different types of expert witness testimony that are often used in car accident cases. These include experts in accident reconstruction and medical professionals. Experts in accident reconstruction are equipped with extensive experience and education that allows them to analyse the evidence and provide an opinion on the cause of an accident. Medical professionals can offer an in-depth understanding of the human body and injuries. A physician or radiologist for instance, can be able to testify about the severity and nature of your injuries. They can also provide CT scan or MRI results.
Vocational experts are another important type of expert. They can provide valuable insight into the effects of your injuries on your work and life. They could, for example describe how your injuries have prevented you from performing certain tasks at work. It can also help a juror understand the full impact of your losses.
Expert Witness Testimony
Expert witness testimony is the key to winning a case. When we think of experts, we picture long, TV-like trials with decorated experts giving last-minute details which can be the difference between winning or defeat. While experts can make or break a case, their testimony must be based on specific scientific data and analysis and include an in-depth review of the facts.
Depending on the type accident that you have been involved in, there are different types of experts who can assist. For instance when it comes to car accidents, an expert witness who is trained in accidents may make use of their knowledge and training to provide an insight into the cause of the crash and its causes. Experts can also explain the technical aspects of automobiles which are otherwise difficult for
motor vehicle accident law Firm a juror to comprehend.
In personal accident cases, experts could also testify on the severity of your injuries and how they affect your life going forward. For instance an economist could prepare an account of your financial losses you endure as a consequence of the accident, which includes the loss of future income and household out-of-pocket expenses.
In general the expert witness testimony of an expert is only admissible in the event that it adds value your case. It is therefore important to work closely with your lawyer to select the right expert for your case.