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Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff's damages are reduced by their percentage fault. This is decided by the jury based on 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 which contributed to the incident.

Liability

The objective of a motor accident claim is to collect damages from the party who caused the damages and injuries caused through their negligence. If the injured party is not in one of the few states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit requires that a defendant's careless actions or inaction resulted in a collision, and an injury to the body.

An experienced attorney can assist you in determining whether the driver who was at fault or a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff's ability demonstrate the liability of their defendant on the tort liability standard and include a defendant's duty to the plaintiff, the defendant's breach of that duty, real and proximate causation and injuries.





A competent lawyer can assist in determining liability in cases where the insured driver or the 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 permission of the owner, with certain exceptions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit must prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses which are incurred, and also future loss that will be expected due to the injuries sustained. These are referred to as economic and non-economic damages.

motor vehicle accident lawyer portland like medical bills and lost income while the second is compensation for more intangible issues like pain and suffering. It is difficult to quantify the dollar value of non-economic damages, such as mental suffering and loss of enjoyment in life.

Your lawyer will assist you in the calculation of your damages by making use of a variety of methodologies. This could include retaining accident reconstruction experts who analyze photos, police reports as well as witnesses' testimony and other evidence in order to reconstruct the crash.

Your lawyer will also strengthen your claim with expert opinion detailing the economic and non-economic impacts of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial considerations. This is necessary in order to ensure that you're fully compensated for the losses you have incurred and will encounter in the near future.

Comparative Fault

In a car wreck, the concept of comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. In many instances, it's a crucial issue that your lawyer will have to prove.

Most states have some form of comparative fault rule which allows victims to receive compensation regardless of their share of blame is an accident. However, the amount they receive in settlement will be reduced based on their level of fault. For example when a jury will award you $100,000 for injuries, but determines that you're 40% at fault, you would only get $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 receiving damages in cases where they are more than 50% at the fault. It is used by some states, including Colorado and Utah. The other type, known as pure comparative negligence, allows victims to recover damages if they are found to be 99 percent responsible.

Statute of limitations

In most instances, a person who is injured in a car accident is legally entitled to file a lawsuit against the party responsible for the crash. These lawsuits must, however, be filed within the statute of limitations, or else the claim of the victim will be barred forever.

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 it is all about the initial triggering event in the case, which is the incident or accident which caused the injury. Determining the exact time the clock begins to run is essential for the compliance of this crucial rule.

In New York, those injured in car accidents are allowed up to three years to file a personal injury lawsuit. In certain instances the timeline may be shortened. If a child is involved, as in the statute is suspended until the child is liberated, which is achieved by marrying or reaching the age of 18, typically two years after the accident. There are other circumstances, and a seasoned attorney can give advice on the particulars.

Representation

We have extensive experience in consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities such as electricity, water and sewer services. We also represent transportation entities like taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases concerning rates, fees, and service.

We can help you determine the parties responsible for an accident involving a motor vehicle and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include the wrongful deaths.

Our commercial motor vehicle practice assists manufacturers, national leasing companies and national logistics companies on the subject of product liability and auto accident claims. We manage pre-suit evaluations and assist in the discovery process. We also apply trial-ready techniques to ensure an acceptable client outcome whether it's a summary decision or a favorable decision. Our team regularly advises franchised motor truck, motorcycle, and vehicle dealers on factory-dealer concerns and represents them in New Motor Vehicle Board protests involving dealership terminations, add points warranty and incentive audits, as well as relocations.