Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's award is lowered by their percentage of the fault. The jury decides this according to the evidence they are presented with.

To be held accountable for an injury, the defendant must be negligent at the time of the incident. Liability is determined by the extent to which negligence caused the accident.

Liability

The aim of a motor crash claim is to obtain compensation from the other party in exchange for damages and injuries caused due to their negligence. A lawsuit for a car or trucking crash requires that the injured party prove that the negligent actions of the defendant or failure to act led to a collision, and the resulting bodily injury.

An experienced lawyer can assist you in determining whether the at-fault driver or other defendant is liable for your losses. Most auto accident cases turn on a plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles which include a defendant's obligation to the plaintiff, the defendant's violation of the duty, real and proximate causation and injuries.

A skilled lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle could be the subject of lawsuits as well. Most automobile insurance policies contain an affirmative grant of coverage to anyone operating the vehicle under the owner's permission subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must establish damages suffered by the plaintiff. This is typically accomplished by providing detailed documentation of expenses out of pocket and also the potential for future losses to arise due to the injuries suffered. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost income, while the latter covers more intangible things such as suffering and pain. It can be difficult to quantify a dollar amount on the non-economic damage, such as mental distress and loss of enjoyment in life.

Your lawyer will help to calculate the damages you have suffered using a variety of methods. This could include retaining accident reconstruction specialists who will look over police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the accident.

Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries. This will include estimates of the cost for future care and support along with wage projections and other financial aspects. These are necessary to ensure that you are fully compensated for losses that you have suffered and experience in the future.

Comparative Fault

In a car wreck, the system known as comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. In many cases, it's an important aspect that your lawyer will have to prove.

Most states have some form of a comparative fault law that allows victims to receive compensation even if their share of blame is an accident. But the amount of their settlement will be lowered by their degree of fault. For instance, if an appeals court awards $100,000 for your injuries, but determines that you're at 40% responsible, you will only receive $60,000.

But the law is more complicated than that, because there are two distinct forms of modified comparative fault rules. The first is the 50% bar rule. This bar rule blocks the injured party from receiving compensation if they are at fault for more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other variant, called pure comparative negligence, allows victims to claim damages if they are found to be 99 per cent at fault.

Statute of limitations

In the majority of instances, a person injured in a car accident can file a lawsuit. However, these lawsuits must, be filed within a certain timeframe of limitations or the victim's claim is forever barred.

The statute of limitations does not have anything to be concerned with whether or not the insurer 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 caused the injury. Determining the exact time the clock starts to run is essential for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to start a personal injury lawsuit. This time frame can be reduced in some circumstances, however. In cases where a child is involved, for example the statute is stopped until the child is liberated, which is achieved by marrying or reaching the age of 18, typically two years after the incident. There are other circumstances, and a seasoned lawyer can advise on the particulars.

Representation

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

In a motor vehicle accident case, we will help determine the parties at fault and support you in the pursuit of compensation. Our firm also helps victims of car accidents as well as tractor-trailer accidents, including fatalities caused by negligence.

Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We handle pre-suit evaluations as well as proactively manage discovery. We employ trial-ready skills to ensure an optimal outcome for the client regardless of whether it is through an informal disposition or a favorable final decision. Our team regularly counsels franchised motor vehicle accident law firm (check out here) vehicle, motorcycle, and truck dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points warranty and incentive audits, and relocations.