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Motor Vehicle Litigation

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

To be held liable for personal injuries the defendant must be negligent during the incident. Liability is based on the degree to which the negligence contributed to the accident.

Liability

The goal of a motor vehicle accident claim is to recover damages for the damage and losses caused by another party's negligence. A lawsuit arising out of an auto or trucking crash requires that the victim of the accident prove that the defendant's negligence or failure to act caused a collision and the resulting bodily injury.

An experienced lawyer can assist you in determining whether the driver at fault or any other defendant is accountable for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's guilt using tort liability principles. This includes a defendant's duty to the victim, defendant's violation of this duty direct and real causation and injuries.

A competent 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 an action. The majority of insurance policies for automobiles provide coverage to anyone who operates the vehicle with the consent of the owner, with certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing comprehensive documentation on out-of pocket expenses incurred, as well as the future loss 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 suffering and pain. It is often difficult to determine an exact dollar value to damages that are not economic like mental distress and loss of enjoyment of life.

Your lawyer will assist in the calculation of your damages by making use of a variety of methodologies. This may include hiring accident reconstruction specialists who will examine police reports, photos and witnesses' statements, and other evidence in order to reconstruct the accident.

Your attorney will also bolster your claim with expert opinions detailing the economic and other effects of your injuries. This includes cost estimates for the future of care and support along with wage projections and other financial aspects. These are vital to ensure that you are fully compensated for any loss you've suffered and will continue to experience in the near future.

Comparative Fault

In the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of blame an injured person is responsible for. It's a key issue in many cases and something your attorney may be required to prove.

Most states adopt some form of a comparative fault rule, which allows victims to seek compensation even if they share the blame for an accident. However, motor vehicle accident lawsuit edinburg of their settlement will be reduced according to the degree of fault. For instance the case where a judge decides to award you $100,000 for your injuries, but determines that you're 40% at fault, you would only get $60,000.

However, the law is more complicated than that, since 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 follow this rule. Another variation is known as pure comparative fault, which allows victims to recover damages even if found to be 99 % at fault.

Statute of limitations

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

The statute of limitations has nothing to do whether or the insurance company of the defendant will settle the case. It is focused on the primary incident that led to the case, whether it was an incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is essential for to ensure compliance with this important legal requirement.

In New York, those injured in car accidents can have up to three years to make a personal injury claim. In some cases, this timeline can be reduced. In cases where a child is involved, for example the statute is put on hold until the child is liberated, which is attained by marriage or when they reach the age of 18, typically two years after the incident. There are exceptions to this, and experienced attorneys can help you understand the particulars.

Representation

We have extensive experience representing public entities and utilities in matters related 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 represent transportation companies like limousines and taxicabs in the Public Utilities Commission on issues that concern rates, service and fees.

In a motor vehicle collision case, we will help identify the responsible parties and assist you in your quest for compensation. Our firm also assists victims of tractor-trailer accidents and car accidents, as well as cases of wrongful deaths.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies and national logistics companies regarding product liability and claims arising from accidents in the automobile. We manage pre-suit evaluations and proactively manage the discovery process. We also employ trial-ready skills to obtain the best possible client outcome whether it's a summative decision or a favorable verdict. Our team of lawyers advises franchised motor vehicles as well as truck dealers on issues related to factory-dealer relationships and represents them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of incentive and warranty programs, as well as relocations.