• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Motor Vehicle Litigation

In most Motor vehicle accident lawsuits vehicle crash lawsuits, the plaintiff's damages are lowered based on their percentage of fault. This is decided by the jury based on 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 based on the degree of negligence that contributed to the accident.

Liability

The aim of a motor vehicle accident claim is to collect damages for the damage and losses caused by another party's negligence. Unless the injured person lives in one of the states that operate under a no fault insurance system and a trucking accident lawsuit must demonstrate that the defendant's negligent actions or failure to act caused a collision and the resulting 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 are based on a plaintiff's ability to establish the liability of their defendant based on traditional tort liability principles, including a defendant's duty to the plaintiff, the breach of that duty, actual and proximate causation, and injuries.

Additionally, a competent lawyer can assist in determining liability in situations where the insured driver or the owner of the vehicle could be the subject of an action. The majority of automobile insurance policies include an affirmative protection to anyone driving the vehicle with owner's permission, subject to certain exclusions. This usually involves analyzing CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages incurred by the plaintiff. This is typically accomplished by providing comprehensive evidence of the expenses incurred, as well as the loss that is expected due to the injuries suffered. These are referred to as economic and noneconomic damages.

The former covers things such as medical expenses and lost income, while the latter is a way to compensate for more intangible things like pain and suffering. It can be difficult to determine an amount in dollars for non-economic losses, like mental distress and loss of enjoyment.

Your attorney will assist in the calculation of your damages through the use of a variety of methodologies. This could include retaining experts in accident reconstruction who will look over police reports, photos, witnesses' testimony, and other evidence in order to reconstruct the crash.

Your attorney will also help to support your claim with expert opinion outlining the economic and non-economic effects of your injuries. This includes estimates of future medical and support costs, wage projections, and other financial considerations. They are crucial to ensure you are completely compensated for any losses that you have suffered and continue to experience in the near future.

Comparative Fault

A system known as comparative fault - also known as contributory negligence - determines how much fault an injured person can be held responsible for a car crash. In many instances, it's a crucial issue that your attorney will need to prove.

Most states use some type of a comparative fault rule, which allows victims to seek compensation even if they are a part of the blame for an accident. However, the amount of their settlement will be reduced by the degree of fault. For instance, if a jury awards $100,000 for your injuries but finds that you're at 40 percent at fault, you'll only receive $60,000.

There are actually two different types of modified comparative-fault rules. The first is the 50% bar rule. This prevents an injured person from receiving compensation if they're responsible for more than 50 percent. Colorado and Utah are two states that follow this rule. Another variant, referred to as pure comparative negligence, permits victims to claim damages if they are found to be 99% responsible.

Statute of Limitations

In most cases, a person who is injured in a car accident is entitled to file a lawsuit against the party responsible for the crash. However, these lawsuits must, be filed within the timeframe of limitations, or else the victim's claim is forever barred.

The statute of limitations does not have anything to do with whether or not the insurance company of the defendant will settle or not, and it is all about the initial triggering event in the case-the accident or incident that led to the injury. Therefore, knowing exactly when the clock will begin to run is crucial in ensuring compliance with this important legal rule.

In New York, people who are hurt in car crashes generally have three years to start a personal injury lawsuit. In some cases this time frame can be shortened. For instance, in situations where a minor is involved the statute of limitations is suspended until the child becomes legally emancipated after marriage or turning 18 which is typically two years after the date of the accident. There are other exceptions, and a knowledgeable attorney can offer advice on the specifics.

Representation

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

In a motor vehicle crash case, we will help determine the parties at fault and support you in your quest for compensation. Our firm also assists victims of tractor-trailer truck crashes and car accidents, as well as cases of wrongful deaths.

Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, and national logistics firms on the liability of their products and automobile accidents claims. We handle pre-suit assessments and actively manage the discovery process. We also use trial-ready expertise to achieve a favorable client outcome whether it's a summative decision or a favorable final verdict. Our team regularly counsels franchised motor truck, motorcycle and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests that involve terminations of dealerships, the addition of points, warranty and incentive audits, as well as relocations.