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Motor Vehicle Litigation

In most motor vehicle crash lawsuits, the plaintiff’s damages are reduced by their percentage fault. This is determined by the jury based on evidence presented to them.

In order to be held liable for personal injuries the defendant must be negligent during the incident. Liability is determined by the extent of negligence that led to the accident.

Liability

The purpose of a motor accident claim is to seek damages for damages and injuries caused by the negligence of a third party. Unless the injured person lives in one of the few states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit must prove that the defendant's negligent actions or inaction caused a collision and injuries to the body.

An experienced attorney can assist you in determining whether the driver at fault or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's guilt by relying on tort liability rules. This includes a defendant's obligation to the victim, the defendant’s violation of this duty actual and lawsuit direct causation and injuries.

Additionally, a skilled lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit as well. The majority of insurance policies for automobiles include an affirmative guarantee of coverage to anyone operating the vehicle with owner's permission with certain limitations. This analysis includes a review of CPLR SS 1602.

Damages

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

The former covers things such as medical bills and lost earnings, while the latter covers more intangible issues like pain and suffering. It is difficult to quantify a dollar amount on the non-economic damage, such as mental distress and loss of enjoyment in life.

Your attorney will help to calculate the damages you have suffered with a variety of methods. This includes retaining experts in reconstruction of accidents who analyze photos of the scene, police reports, witness testimony and other evidence to determine how the crash occurred.

Your attorney will also help to support your claim with expert opinions detailing the economic and other consequences of your injuries. This includes estimates of future medical and support costs, wage projections, and other financial aspects. These are essential to ensure you are fully compensated for any losses you've suffered and will experience in the future.

Comparative Fault

A system known as comparative fault, also referred to as contributory negligence, determines the amount of fault that an injured person can be accountable for in a car accident. It's a key issue in a number of cases, and something your lawyer may need to prove.

The majority of states have some kind of a comparative fault rule, which permits victims to claim compensation even if they share the blame for an accident. The amount of compensation will be determined by their level of fault. If, for instance, a jury awards $100,000 for your injuries, but determines that you're at 40 percent responsible, you will only receive $60,000.

There are actually two different kinds of modified comparative-fault rules. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they're responsible for more than 50%. It is followed by a few states, including Colorado and Utah. The other variant is called pure comparative fault, which permits victims to recover damages even if found to be at fault.

Statute of Limitations

In most situations, a person is injured in a car crash is entitled to file a lawsuit against the party responsible for the crash. However, these lawsuits must be filed within a specified time frame, known as the statute of limitations, or the victim's legal claim will be forfeited and barred for life.

The statute of limitations does not have anything to determine whether or not the defendant's insurance company will settle it, and has everything to do with the triggering event that initiated the case, which is the incident or accident that caused the injury. Calculating the exact time that the clock begins to run is essential for compliance with this important rule.

In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. This time frame may be cut down in certain circumstances, however. For instance, in situations where a minor is involved, the time limit for a lawsuit is suspended until the child is fully emancipated through marriage or turning 18 which is typically two years after the incident. Other exceptions exist and experienced lawyers can assist with the specifics.

Representation

We have extensive experience advising and representing utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities like water, electricity and sewer services. We also represent transportation entities, such as taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.

We can assist you in determining the responsible parties in accidents involving motor vehicles and help you pursue compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include death by negligence.

Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on product liability and auto accident claims. We manage pre-suit assessments and are proactive in managing the discovery process. We also use trial-ready skills to achieve an acceptable client outcome, be it a summary disposition or favourable final verdict. Our team advises franchised motor vehicles and motorcycle dealers on issues relating to factory-dealer relationships and represents them in New motor vehicle accident lawsuits Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs and relocations.