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Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's damages amount is reduced by their percentage of fault. This is determined by the jury based on evidence presented to them.

To be held liable for injuries the defendant must be negligent at the time of the incident. Liability is determined by the degree to which negligence caused the accident.

Liability

The goal of a motor vehicle accident claim is to recover damages for damage and losses caused by the negligence of a third party. Unless the victim is in one of the states that operate under a no-fault system of insurance for trucking or automobile accidents, an accident lawsuit requires that a defendant's careless actions or failure to act caused a collision and corresponding bodily injury.

An experienced lawyer can assist you in determining whether the driver who was at fault or a different defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's fault using tort liability principles. This includes a defendant’s duty to the victim, a defendant's failure to fulfill this duty, direct and real causation and injuries.

Additionally, a knowledgeable lawyer can assist you in determining the liability in cases where the insured driver or owner of the vehicle could be involved in lawsuits as well. Most insurance policies for automobiles offer protection to those who operate the vehicle with the consent of the owner, subject to certain exceptions. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff. This is typically done by providing detailed documentation of the expenses incurred out of pocket and also future losses that are likely to arise due to the injuries that were sustained. These are known as economic and non-economic damages.

The former covers things like medical expenses and lost income as well as compensation for intangibles, such as pain and suffering. It is difficult to quantify an amount in dollars for the non-economic damage, such as mental suffering and loss of enjoyment in life.

Your attorney will assist you in formulating your damages with the use of a range of techniques. This includes retaining accident reconstruction experts who will examine images of the scene, police reports, witness testimony, and other evidence to reconstruct the way in which the accident took place.

Your attorney will also support your claim by seeking expert opinions on the economic and noneconomic 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 to ensure you are fully compensated for the loss that you have suffered and be able to recover in the 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. It's an important issue in a number of cases, and something your attorney may need to prove.

Most states use some form of a comparative fault rule, which permits victims to seek compensation even if have a share of the blame in an accident. However, the amount of their settlement will be lowered by the degree of fault. For motor vehicle accident law firm santa maria , if the jury awards $100,000 for your injuries but finds that you are at least 40 percent responsible, you'll only receive $60,000.

There are two distinct kinds of modified comparative-fault rules. The first is referred to as the 50% bar rule, which bars the victim from receiving damages if they are more than 50% at fault. Colorado and Utah are two states that are governed by this rule. Another variant is pure comparative fault. This allows victims to claim damages even if they are found to be at fault.

Statute of limitations

In most instances, a person injured who is injured in a car crash may bring a lawsuit. However they must be filed within a specified period of time, also known as the statute of limitations or the claim of the victim will be barred and forfeited for life.

The statute of limitations does not affect whether or not an insurance company for the defendant will settle the case. It's all about the initial incident that brought about the case, and the incident or accident that caused the injury. So, knowing exactly when the clock starts to tick is crucial for the proper application of this important legal rule.

In New York, those injured in car accidents are allowed up to three years to bring a personal injury lawsuit. In some instances, this timeline can be shortened. For example, in cases where a minor is involved the time limit for a lawsuit is suspended until the child is legally emancipated after marriage or turning 18 which is typically two years after the incident. There are exceptions to this and experienced attorneys can assist with the specifics.





Representation

We have extensive experience in advising and representing 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 gas, electric and water/sewer services. We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues that concern rates, service and charges.

In a motor vehicle accident case, we can help identify the parties responsible and support you in pursuing compensation. Our firm also assists victims of car accidents as well as tractor-trailer accidents, including fatalities caused by negligence.

Our practice in commercial motor vehicles assists manufacturers, national leasing companies and national logistics companies on product liability and claims arising from accidents in the automobile. We manage pre-suit assessments and proactively manage the discovery process. We also apply trial-ready skills to obtain an outcome that is favorable to the client which could be a summary decision or a favorable final verdict. Our team assists franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relationships. We also represent them at New Motor Vehicle Board protests regarding dealership terminations and audits of warranty and incentive programs, as well as relocations.