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Motor Vehicle Litigation

In the majority of motor vehicle accident lawsuits, the plaintiff's damages are lowered 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 have been negligent at the time of the incident. Liability is determined by the degree to which negligence caused the accident.

Liability

The purpose of a motor accident claim is to recover damages for the damages and injuries caused by the negligence of another party. A lawsuit for a car or trucking crash will require that the victim of the accident prove that the negligent actions of the defendant or inactions led to a collision, and the bodily injury that resulted from it.

An experienced lawyer can assist you in determining whether the person at fault or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's guilt by relying on tort liability rules. This includes a defendant's obligation to the victim, the defendant's failure to fulfill this duty, actual and direct causation and injuries.

A skilled lawyer can also assist in analyzing liability in situations where the insured driver or owner of the vehicle is involved in a lawsuit. Most insurance policies for automobiles offer protection to those who operate the vehicle with the permission of the owner, with certain exceptions. This usually includes a look at CPLR SS 1602.

Damages

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

The former is for things like medical expenses and lost income, while the latter compensates for intangibles like suffering and pain. It can be difficult to assign an exact dollar value to non-economic damages like mental stress and loss of enjoyment of life.

Your lawyer will assist you in the calculation of your damages by making use of a range of techniques. This includes retaining experts in the field of accident reconstruction who examine photos of the scene, police reports, witness testimony and other evidence to understand the way in which the accident took place.

Your lawyer will also support your claim with expert opinions detailing the economic and other impacts of your injuries. This includes cost estimates for future care and assistance as well as wage projections and other financial factors. These are necessary to ensure that you are fully compensated for the losses you've incurred and encounter in the near future.

Comparative Fault

In a car accident, the system known as comparative fault (or contributory negligence) determines the amount of fault that an injured party is responsible for. In many instances, it's a crucial issue that your lawyer must prove.

Most states implement some kind of a comparative fault rule, which allows victims to pursue compensation even if they share the blame for an accident. The amount of the settlement will be based on their level of responsibility. If, for instance, the jury awards $100,000 for your injuries but finds that you're 40 percent at fault, you'll only receive $60,000.

However, the law is much more complicated than that, because there are two distinct types of modified rules of comparative fault. The one is known as the 50 bar rule, which blocks an injured party from claiming damages if they are more than 50 percent at fault. Colorado and Utah are two states that adhere to this rule. Another variant is pure comparative fault, which allows victims to seek damages even if found to be 99 % at fault.

Statute of limitations

In most cases, a person is injured in a car crash is allowed to file a lawsuit against the person responsible for the accident. These lawsuits must, however, be filed within the statute of limitations, or else the victim's claim 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 the case, and it is all about the trigger event that started the case-the accident or incident that caused the injury. Determining the exact time the clock starts to tick is crucial to ensure respecting this important rule.

In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit. In some cases this time frame can be shortened. In cases where a child is involved, as in, the statute is paused until the child becomes legally emancipated. motor vehicle accident lawyer tuscaloosa can be achieved by marriage or at the age of 18 typically two years after the accident. There are other exceptions and experienced lawyers can provide advice on the specifics.

Representation

We have extensive experience advising and representing public entities and utilities in matters involving motor vehicle litigation. Our clients include local counties, state, as well as federal entities regulating fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies such as taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and charges.





In a motor vehicle collision case, we will help identify the responsible parties and support you in the pursuit of compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics companies about auto accidents and product liability claims. We manage pre-suit assessments and assist in the discovery process. We also employ trial-ready techniques to ensure an outcome that is favorable to the client whether it's a summary decision or a favorable verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranties and incentive audits, and relocations.