Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff’s damages are reduced by their percentage of fault. The jury will make this decision in accordance with the evidence presented to them.

To be liable for a personal injury, the defendant must be negligent at the time of the incident. Liability is based on the extent to which negligence contributed to the accident.

Liability

The goal of a motor accident claim is to recover damages for damages and injuries caused by another party's negligence. Unless the injured person lives in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit requires that the negligent act of a defendant or inaction caused a collision and an injury to the body.

An experienced attorney can help you determine whether the driver at fault or any other defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's guilt by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant's violation of this duty direct and actual causation, and injuries.

A knowledgeable lawyer can assist you in determining liability in situations where the insured driver or owner of the vehicle may be involved in a lawsuit, too. Most insurance policies for automobiles offer protection to those who operate the vehicle with the permission of the owner, with certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is usually accomplished by providing detailed documentation of expenses out of pocket as well as future losses expected to arise as a result of the injuries that were sustained. These are known as economic and noneconomic damages.

The former is for things like medical expenses and lost income, while the latter pays for intangibles such pain and suffering. It can be difficult to determine an amount in dollars for non-economic damages like mental suffering and loss of enjoyment.

Your lawyer will help to determine your damages using a variety methods. This could include retaining accident reconstruction specialists who will analyze photos, police reports and witnesses' statements, and other evidence to reconstruct the accident.

Your lawyer will also strengthen your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. This will include cost estimates for future care and support along with wage projections and other financial aspects. These are necessary to ensure that you're fully compensated for losses you have incurred and will encounter in the near future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence determines the amount of fault that an injured party can be held responsible for in a car accident. In many instances, it's a crucial issue that your lawyer will have to prove.

Most states implement some kind of a comparative fault rule, which allows victims to pursue compensation even if they are a part of the blame for an accident. However, the amount they receive in settlement will be reduced according to their degree of fault. If, for example a jury awards $100,000 for your injuries but finds that you are at least 40 percent responsible, you will only receive $60,000.

But the law is more complicated than that since there are two distinct kinds of modified rules of comparative fault. The first is the 50% bar rule. This bar rule blocks an injured person from receiving compensation if they are at fault for more than 50%. Colorado and Utah are two states that follow this rule. The other variant is called pure comparative fault. It allows victims to recover damages even if found to be 99 % at fault.

Statute of limitations

In the majority of instances, a person who is injured in a car accident is legally entitled to file a lawsuit against the party who caused the accident. However, these lawsuits must be filed within a certain time period, referred to as the statute of limitations, or the victim's legal claim will be forfeited and barred forever.

The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle the case, and it is all about the trigger event in the case, which is the incident or accident that led to the injury. So, knowing exactly when the clock starts to run is crucial in making sure that you are in compliance with this crucial legal requirement.

In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. In certain instances this time frame can be reduced. For instance, in situations where a minor is involved, the statute of limitations is paused until the child is legally emancipated after marriage or turning 18 which is typically two years after the incident. There are other exceptions, and a skilled attorney can give advice on the particulars.

Representation

We have significant experience as a consultant and advocate for public agencies and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities such as electric, gas and water/sewer services. We also represent transportation entities like taxicabs limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service.

We can help you determine the responsible parties in accidents involving maquoketa motor vehicle accident lawsuit vehicles and help you pursue compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as wrongful death cases.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics companies on car accidents and product liability claims. We manage pre-suit assessments and proactively manage the discovery process. We also employ trial-ready expertise to achieve an outcome that is favorable to the client which could be a summary decision or a favorable verdict. Our team assists franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relations and represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.