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Motor Vehicle Litigation

In most motor vehicle accident lawsuits, the plaintiff's damages are lowered by their percentage fault. The jury will determine this based on the evidence they receive.

To be held responsible for personal injury the defendant must be negligent during the incident. Liability is determined by the extent to which negligence caused the accident.

Liability

The goal of a motor vehicle accident claim is to seek damages for injuries and losses caused by negligence of another party. Unless the injured person lives in one of the few states that operate under a no fault insurance system the filing of an auto or trucking accident lawsuit will require showing that the negligent act of a defendant or inaction caused a collision and corresponding bodily injury.

An experienced lawyer can assist you in determining whether the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's responsibility in accordance with tort liability principles. This includes a defendant’s duty to the victim, defendant's breach of this duty, direct and real causation and injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or the owner of the vehicle might be the subject of lawsuits as well. Most automobile insurance policies grant protection to those who operate the vehicle under the authority of the owner, subject to certain exceptions. This analysis also includes a look at of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit can establish the damages sustained by plaintiff. This is usually done by providing detailed documentation on out-of pocket expenses that are incurred, as well as future loss that will be expected due to the injuries suffered. These are called economic and non-economic damages.

The former covers things such as medical bills and lost earnings, while the latter is compensation for more intangible issues like pain and suffering. Oftentimes, it can be difficult to assign an exact amount to non-economic damages like mental stress and loss of enjoyment life.

Your lawyer will assist you in formulating your damages with the use of a variety of methods. This includes hiring accident reconstruction experts who will analyze photos of the scene, police reports, witness testimony, and other evidence to understand how the accident occurred.

Your lawyer will also support your claim by providing expert opinions that outline the economic and non-economic consequences of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial considerations. This is necessary in order to ensure that you're fully compensated for losses you have incurred and will be able to recover in the future.

Comparative Fault

A system called comparative fault - also known as contributory negligence determines how much fault an injured person is held responsible for a car crash. It's a key issue in a variety of cases and something your attorney may need to prove.

Most states implement some version of a a comparative blame rule that allows victims to claim compensation even if they share the blame for an accident. The amount of the settlement will be based on the degree of fault. If, for example a jury awards $100,000 for your injuries, but determines that you are 40 percent responsible, you will only receive $60,000.

But the law is more complicated than that, since there are two distinct varieties of modified comparative fault rules. The first is the 50% bar rule. This rule prevents the injured party from receiving compensation if they're responsible for more than 50%. Colorado and Utah are two states that are governed by this rule. Another variation, known as pure comparative negligence, allows victims to recover damages if they're found to be 99 per cent responsible.

Statute of limitations

In the majority of instances, a person injured who is injured in a car crash may bring a lawsuit. However, these lawsuits must be filed within a specific time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for ever.

The statute of limitations does not have anything to do with whether or not the defendant's insurance company will settle or not, and it is all about the trigger event that started the case-the accident or incident which caused the injury. Calculating the exact time that the clock starts to tick is crucial for compliance with this important rule.

In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits. In certain cases, this timeline can be reduced. In cases where a minor is involved, lawsuits such as the statute is put on hold until the child becomes free, which is accomplished by marrying or reaching the age of 18, usually two years after the incident. There are other exceptions, and a knowledgeable attorney can provide advice on the particulars.

Representation

We have extensive experience in representing utilities and public entities on matters relating to motor vehicle litigation. Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as electricity, water 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.

In a motor car accident instance, we are able to determine the responsible parties and support you in the pursuit of compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, including wrongful death cases.

Our practice in commercial valdese motor vehicle accident lawsuit vehicles provides advice to manufacturers, national leasing companies and national logistics companies on their product liability and claims for automobile accidents. We handle pre-suit evaluations, manage discovery in a proactive manner and employ trial-ready skills to ensure an optimal client outcome whether that is through a summary disposition or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, as well as relocations.