How to Build a
motor vehicle accident law firm Vehicle Case
In most
motor vehicle accident vehicle accidents you can get New York State minimum limits of $25,000/$50,000 for injuries and property damage. The situation can get more complicated if you sue someone other than the driver or the owner of the vehicle.
For instance 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 question is if those other parties are leasing companies or rental entities.
Identifying the party at fault
The first step in identifying the party at fault in a motor vehicle collision is examining evidence from the scene of the accident. An officer from the police investigating the incident will question all the drivers, passengers and witnesses to gather the full story. These details will form the basis of an investigation report. It will also help to establish who was at fault, which is a key factor in determining fault.
It is also beneficial to review any damages done to the vehicles involved. If you were involved in a collision, the damage to the rear bumper of the vehicle will inform the person responsible for the crash.
In New York, which is an insurance state that is no-fault in which the at-fault party is responsible, they will typically reimburse you for your medical expenses and lost income up to the limits of their policy. However, if you suffer an injury that is deemed by the state as severe, such as loss of limbs, significant impairment of your body, disfigurement or death it is possible to recover more comprehensive damages through a lawsuit against the responsible party.
To successfully settle automobile accidents in New York, it is crucial to have a comprehensive knowledge of the state's laws and statutes. For example the CPLR SS388 law confers vicarious responsibility on car owners for the negligence of drivers who operate their vehicles with their own authority. This is a rebuttable assumption and both sides' evidence will be examined to determine whether the owner had driver's explicit or implicit consent when the incident occurred.
Collecting Evidence
In any lawsuit in any lawsuit, evidence is everything. This includes testimony of witnesses, as well as photos, physical objects and other documents. The more evidence you have, the better your chances are of winning. Car accident cases are no exception. The ability to build a strong case for compensation is all about having the right evidence, and this starts with gathering the appropriate information immediately after the crash.
If you are physically able to do so, take pictures of the scene of the crash as quickly as possible, including any vehicle damage, skid marks and debris. Also, ensure that you note down the date the time, location, and date of the accident. It's important to have this information in case you need access to security or traffic camera footage for your case.
Another method to gather evidence is through the use of interrogatories and depositions. Interrogatories are written inquiries that the other party must answer under oath in a specified timeframe. A deposition is an out-of-court statement which is usually recorded and transcribing by a court reporter. Depositions can reveal important details about an accident as well as the other parties.
It is also essential to talk to anyone who was present at the incident, especially when they are willing to give a statement. Neutral witnesses are often more convincing than witnesses with a financial stake in the outcome of an investigation. This is especially true for collisions that involve hit and run where a driver may not be caught immediately.
How to Obtain Witness Testimony
If witnesses were present at the scene of the crash, they'll likely be willing to testify in your case. Sometimes, witnesses won't testify. In these situations your lawyer might have to resort to obtaining the subpoena to legally demand their testimony.
There are several different types of expert witness testimony that are frequently utilized in car accident cases. They include medical professionals as well as experts in accident reconstruction. Experts in accident reconstruction have extensive working experience and educational background which allows them to analyze evidence and offer their opinions regarding the cause of your crash. Medical professionals can provide specific knowledge of the human body and injuries. A physician or radiologist, for example, can testify to the extent and nature of your injuries. They can also provide CT scan or MRI results.
Vocational experts are yet another important type of expert. They can provide valuable insight into how your injuries have affected your career and life. For instance, they could explain how your injuries prevented you from performing certain tasks in your job and assist jurors in understanding the full impact of your injuries.
Requesting expert witness testimony
Expert witness testimony can be the most important factor in winning the case. When we think of experts, we think of lengthy, television-like court battles with experts who are adorned and provide important details at the last minute that can be the difference between victory and a loss. While experts can be a major factor in the case, their testimony should be founded on specific scientific data and analysis and include a thorough review of the facts.
There are many different types of expert witnesses that could assist you in your case, according to the type of incident you're facing. In the case of car accidents, for example, an expert witness with a focus in accidents can use his or her experience and knowledge to give details about the accident and its causes. They can also provide technical information about automobiles that would otherwise be difficult for a jury to understand.
Experts can be a witness in personal injury cases regarding the severity of your injuries and how they will affect you in the future. An economist, for example can write a report that outlines the financial losses you will suffer as a result. This includes future income loss as well as household out of pocket expenses.
Generally speaking, expert witness testimony is only admissible if it adds substantial value to your claim. Therefore, it is essential to collaborate closely with your lawyer to choose the appropriate expert for your case.