stow Motor vehicle Accident Lawsuit (vimeo.com) Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. This is determined by the jury on the basis of evidence presented to them.

To be held responsible for personal injury the defendant must have been negligent in the incident. The amount of liability is determined by the degree of negligence that contributed to the accident.

Liability

The objective of a motor vehicle accident claim is to collect damages from the party who caused the injuries and losses caused due to their negligence. A lawsuit for an auto or trucking crash will require that the injured victim prove that the defendant's negligent acts or failure to act led to a collision, and the resulting bodily injury.

An experienced lawyer can assist you in determining if the at-fault driver or other defendant is liable for your losses. Most auto accidents cases rely on the plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, real and proximate causation and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle may be involved in lawsuits as well. The majority of automobile insurance policies provide coverage to any person who drives the vehicle with the consent of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit needs to establish damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses and future loss that will be expected due to the injuries suffered. These are referred to as economic and non-economic damages.

The former is for things like medical expenses and lost income as well as compensation for intangibles such as suffering and pain. It is often difficult to assign an exact amount to non-economic damages such as mental anxiety and the loss of enjoyment life.

Your lawyer will help to determine your damages through a variety of ways. This may include hiring accident reconstruction experts who analyze photos, police reports witness statements, and other evidence to reconstruct the crash.

Your attorney will also be able to support your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This includes estimates of the future costs of care and support costs, wage projections and other financial considerations. They are required to ensure that you are fully compensated for the loss you've incurred and be able to recover in the future.

Comparative Fault

In a car accident a system called comparative fault (or contributory negligence) determines the amount of blame the injured party is accountable for. It's an important issue in a lot of cases and something that your attorney might be required to prove.

The majority of states have some version of a a comparative blame rule that allows victims to seek compensation even if they have a share of the blame in an accident. The amount of compensation will be based on their level of fault. For example the case where a judge will award you $100,000 for injuries, but concludes that you're 40 percent at fault, you'd only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50% bar rule, which prevents an injured party from claiming damages when they are more than 50% at fault. This is the practice of several states, including Colorado and Utah. Another variant, referred to as pure comparative negligence, permits victims to recover damages if they're found to be 99 percent responsible.

Statute of limitations

In most instances, a person who is injured in a car crash is legally entitled to file a lawsuit against the party responsible for the accident. However they must be filed within a specific time period, referred to as the statute of limitations or the claim of the victim will be forfeited and barred forever.

The statute of limitations has nothing to have anything to do with whether the insurer of the defendant will settle the case, and everything to do with the initial triggering event in the case, which is the incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is crucial for complying with this important rule.

In New York, people who suffer injuries in car crashes generally have three years to bring personal injury lawsuits. In certain instances the timeframe can be reduced. In the event that a child is involved, for example the statute is stopped until the child is legally emancipated. This can be attained by marriage or when they reach the age of 18, usually two years after the incident. There are other exceptions, and a skilled attorney can provide advice on the particulars.

Representation

We have a wealth of experience representing public utilities and public entities on matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities such as electric, water and gas services. We represent transportation companies, such as limousines and taxicabs in the Public Utilities Commission on issues regarding rates, services and charges.

In a motor car accident situation, we can identify the responsible parties and support you in the pursuit of compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessment and assist in the discovery process. We also use trial-ready skills to obtain an acceptable client outcome which could be a summary decision or a favorable decision. Our team regularly advises franchised westminster motor vehicle accident attorney truck, motorcycle, and vehicle dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, as well as relocations.