Motor Vehicle Accident Law Firms Vehicle Litigation
In most
motor vehicle accident lawyers vehicle accident lawsuits, the plaintiff's damages are reduced by their percentage of fault. The jury decides this on the basis of the evidence they receive.
To be held accountable for an injury the defendant must have been negligent at the time of the incident. Liability is determined based on the degree of negligence which contributed to the accident.
Liability
The goal of a
motor vehicle accidents accident claim is to recover damages for the injuries and losses resulting from another party's negligence. A lawsuit arising out of an auto or trucking collision will require that the injured party prove that the defendant's negligent acts or inaction caused a collision and the bodily injuries that resulted.
An experienced attorney can assist you in determining if the at-fault driver or any other defendant is accountable for your losses. The majority of auto accidents cases depend 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 breach of this duty, direct and real causation and injuries.
A competent lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle are involved in a lawsuit. Most insurance policies for automobiles offer coverage to any person who drives the vehicle with the permission of the owner, subject to certain exceptions. This analysis includes a review of CPLR SS 1602.
Damages
A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is usually accomplished by providing detailed documentation of expenses out of pocket and also future losses that are expected to arise as a result of the injuries that were sustained. These are referred to as economic or noneconomic damages.
The former covers things such as medical expenses and lost income while the latter covers things that are more intangible like pain and suffering. It can be difficult to determine the dollar value of the non-economic damage, such as mental distress and loss of enjoyment.
Your lawyer will assist to determine your damages using a variety of methods. This may include retaining experts in accident reconstruction who will review police reports, photographs, witnesses' testimony, and other evidence to reconstruct the accident.
Your attorney will also be able to support your claim by obtaining expert opinions that outline the economic and noneconomic implications of your injuries. These will include estimates of future care and support costs, wage projections and other financial considerations. These are necessary in order to ensure that you're fully compensated for any losses you've incurred and encounter in the near future.
Comparative Fault
In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. In many cases, it's an important issue that your lawyer will need to prove.
Many states have a type of comparative fault rule that allows victims to receive compensation even if their share of the blame is attributed to an accident. However, the amount they receive in settlement will be reduced based on their level of fault. If, for instance, an award of $100,000 is made by a jury for your injuries, but decides that you're at 40 percent responsible, you will only receive $60,000.
There are two distinct kinds of modified comparative fault rules. The first is known as the 50% bar rule, which prevents an injured party from claiming damages in cases where they are more than 50 percent at the fault. Colorado and Utah are two states that follow this rule. The other type, known as pure comparative negligence, permits victims to seek damages in the event that they are found to be 99 percent at fault.
Statute of Limitations
In most instances, a person injured in a car accident can sue. However the lawsuits must be filed within a certain time frame, known as the statute of limitations, or the victim's legal claim will be forfeited and barred for life.
The statute of limitation does not have anything to do with whether or whether an insurance company representing the defendant will settle the case. It's all about the initial incident that led to the case, the incident or accident that caused the injury. Calculating the exact time that the clock starts to tick is vital for the compliance of this crucial rule.
In New York, those injured in car accidents have up to three years to start a personal injury lawsuit. This timeline may be shortened in some circumstances, however. For instance, in situations where a minor is involved, the statute of limitations is paused until the child becomes legally emancipated after marriage or reaching age 18, which is usually two years after the date of the accident. There are other exceptions and seasoned lawyers can provide advice on the specifics.
Representation
We have a wealth of experience in advising and representing public agencies and utilities in relation to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as electric, gas and water/sewer services. We also represent transportation companies like taxicabs trucking companies and limousines before the Public Utilities Commission in cases which involve fees, rates and service.
We can assist you in determining the responsible parties in an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including wrongful death cases.
Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, as well as national logistics companies on auto accidents and product liability claims. We manage pre-suit assessment and are proactive in managing the discovery process. We also use trial-ready expertise to achieve an outcome that is favorable to the client, be it a summary decision or a favorable decision. Our team counsels franchised motor vehicles and motorcycle dealers on issues that concern dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of warranty and incentive programs, as well as relocations.