Motor Vehicle Litigation
In the majority of motor vehicle collision cases, the plaintiff's award is reduced by their percentage of fault. This is determined by the jury on the basis of evidence presented to them.
To be held accountable for an injury the defendant must be negligent at the time of the incident. The amount of liability is determined by the degree of negligence that contributed to the accident.
Liability
The aim of a claim for
motor vehicle accidents is to collect damages from the other party in exchange for injuries and losses caused by their negligence. A lawsuit for an auto or trucking crash requires that the victim of the accident prove that the defendant's negligent actions or inaction caused a collision and the bodily injuries that resulted.
An experienced attorney can assist you in determining the fault of the driver or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's negligence based on tort liability principles. This includes a defendant’s duty to the victim, defendant's violation of this duty actual and direct causation and injuries.
A competent lawyer can help analyze liability in situations in which the insured driver or owner of the vehicle is involved in a lawsuit. The majority of automobile insurance policies provide protection to those who operate the vehicle with the approval of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.
Damages
A successful
motor vehicle accidents vehicle lawsuit must establish the amount of damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses and the loss that is expected due to the injuries suffered. These are referred to as economic or non-economic damages.
The former is for things like medical expenses and lost income as well as compensation for intangibles such suffering and pain. It can be difficult to determine an amount of money on the non-economic damage, such as mental suffering and loss of enjoyment in life.
Your attorney will help to determine your damages using a variety methods. This includes hiring accident reconstruction experts who will look at images of the scene, police reports, witness testimony, and other evidence to reconstruct how the crash occurred.
Your lawyer will also support your claim by providing expert opinions that outline the economic and non-economic effects of your injuries. This will include estimates of the future costs of care and support costs, wage projections and other financial aspects. These are essential to ensure that you're fully compensated for the loss you've suffered and will encounter in the near future.
Comparative Fault
A system referred to as comparative fault - or contributory negligence - defines the amount of fault that an injured person could be held responsible for a car crash. It's a key issue in a number of cases, and something your attorney may need to prove.
Many states have a type of comparative fault rule that allows victims to be compensated even if their share of the blame is for an accident. But the amount of their settlement will be lowered by their degree of fault. If, for instance, an appeals court awards $100,000 for your injuries but finds that you are 40 percent at fault, you'll only receive $60,000.
However, the law is more complicated than that since there are two distinct varieties of modified rules of comparative fault. The first is the 50% bar rule. This rules out an injured party from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that follow this rule. Another variant is pure comparative fault, which allows victims to recover damages even if found to be 99 percent at fault.
Statute of limitations
In most instances, the person who was injured who is injured in a car crash may file a lawsuit. However, these lawsuits must be filed within a certain timeframe of limitations, or else the victim's claim will be forever barred.
The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle it, and has everything to do with the trigger event in the case-the incident or accident that caused the injury. The exact time at which the clock starts to tick is vital for the compliance of this crucial rule.
In New York, those injured in car accidents can have up to three years to bring a personal injury lawsuit. In certain cases the timeline may be shortened. In cases where a minor is involved, for instance the statute is stopped until the child is legally emancipated. This can be attained by marriage or when they reach the age of 18 typically two years after the incident. There are also exceptions and experienced lawyers can advise 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 regulate fixed public utilities like water, electricity and sewer services. We also represent transportation businesses including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.
In a motor vehicle accident instance, we are able to determine the responsible parties and support you in your quest for compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death.
Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies on car accidents and product liability claims. We manage pre-suit assessment, proactively manage discovery and apply trial-ready skills for the best possible outcome for our clients whether it's through a summary disposition or a favorable final decision. Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.