Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will determine this based on the evidence they are presented.

To be held responsible for personal injuries, the defendant has to have been negligent during the incident. Liability is determined based on the degree of negligence which contributed to the incident.

Liability

The purpose of a motor crash claim is to seek compensation from the other party to compensate for losses and injuries caused through their negligence. A lawsuit for an automobile or trucking crash will require that the victim of the accident prove that the defendant's negligent acts or inaction caused a collision and the bodily injuries that resulted.

An experienced lawyer can assist you in determining whether the driver at fault or other defendant is liable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's guilt based on tort liability principles. This includes a defendant's obligation to the victim, the defendant’s violation of this duty actual and direct causation and injuries.

A knowledgeable lawyer can assist in analyzing liability in situations in which the insured driver or owner of the vehicle is a party in a lawsuit. Most automobile insurance policies contain an affirmative protection to anyone operating the vehicle under the owner's permission subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff. This is usually accomplished by providing detailed documents on the out-of-pocket expenses that are incurred, as well as the loss that is expected as a result of the injuries suffered. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost earnings, while the latter is a way to compensate for more intangible issues like suffering and pain. It can be difficult to quantify the dollar value of non-economic damages, such as mental suffering and loss of enjoyment in life.

Your attorney will assist to calculate the damages you have suffered through a variety of ways. This may include retaining experts in accident reconstruction who will analyze photos, police reports as well as witnesses' testimony and other evidence in order to reconstruct the accident.

Your attorney will also help to support your claim with expert opinions that outline the economic and non-economic effects of your injuries. This will include cost estimates for future care and support, wage projections, and other financial aspects. They are crucial to ensure you are fully compensated for any loss that you have suffered and continue to suffer in the future.

Comparative Fault

In a car accident a system known as comparative blame (or contributory negligence) determines the degree of fault an injured party is responsible for. In many instances, it's a crucial issue that your attorney will have to prove.

Most states adopt some kind of a comparative fault rule that allows victims to seek compensation even if have a share of the blame in an accident. The amount of compensation will be determined by their level of responsibility. So, for example when a jury awards you $100,000 for your injuries, but determines that you're 40% at fault, you would only get $60,000.

But the law is more complex than that, as there are two distinct types of modified rules of comparative fault. The second is known as the 50 bar rule, which prevents an injured party from claiming damages when they are more than 50% at the fault. Colorado and Utah are two states that are governed by this rule. The other type is pure comparative fault, which allows victims to claim damages even if found to be 99 % at fault.

Statute of limitations

In most cases, an injured person who is injured in a car crash may sue. However, these lawsuits must be filed within the statute of limitations or else the victim's claim will be forever barred.

The statute of limitations does not have anything to determine whether or not the defendant's insurance company will settle the case, and it is all about the triggering event that initiated the case-the accident or incident that caused the injury. So, knowing exactly when the clock starts to run is crucial in making sure that you are in compliance with this crucial legal requirement.

In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. This time frame may be cut down in certain circumstances, however. For instance, in cases where a minor is involved the statute of limitations is paused until the child is free by marrying or turning 18 which is typically two years after the accident. Other exceptions exist, and experienced attorneys can assist with the specifics.

Representation

We have extensive experience as a consultant and advocate for public agencies and utilities on matters related to marshall motor vehicle accident lawsuit vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, including water, electricity and sewer services. We also represent transportation entities, such as taxicabs, trucking companies and limousines, before the Public Utilities Commission in cases concerning rates, fees, and service.

We can help you determine the parties accountable for the cause of a motor vehicle crash and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including wrongful death cases.

Our commercial motor vimeo vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit evaluations and proactively manage discovery. We apply trial-ready skills for an optimal outcome for the client regardless of whether it is through summary decision or a favorable final decision. Our team counsels franchised motor vehicles and motorcycle dealers regarding issues pertaining to dealer-factory relationships and also represents them at New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs and relocations.