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Motor Vehicle Litigation

In most motor vehicle accident cases, the plaintiff's are reduced by the percentage of fault. The jury decides this according to the evidence they are presented with.

To be held accountable for an injury the defendant must have been negligent at the time of the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The purpose of a claim for motor vehicle accidents is to obtain compensation from the other party in exchange for damages and injuries caused through their negligence. A lawsuit for an auto or trucking collision will require that the injured victim prove that the defendant's negligent actions or inaction caused a collision and the bodily injuries that resulted.

An experienced lawyer can help you determine if the driver at fault or a different defendant is accountable for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's responsibility based on tort liability principles. This includes a defendant’s duty to the victim, defendant's failure to fulfill this duty, direct and immediate causation as well as injuries.

A knowledgeable lawyer can assist you in analyzing liability in situations where the insured driver or owner of the vehicle might be involved in an action. Most automobile insurance policies contain an affirmative provision of coverage for anyone who is operating the vehicle with the owner's permission with certain limitations. This analysis often includes reviewing CPLR SS 1602.

Damages

A successful motor vehicle accident attorneys vehicle lawsuit must prove the damages suffered by the plaintiff. This is typically accomplished by providing comprehensive documents on the out-of-pocket expenses and the loss that is expected as a result of the injuries suffered. These are referred to as economic or noneconomic damages.

The former covers things such as medical expenses and lost earnings, while the latter is a way to compensate for more intangible things such as suffering and pain. It can be difficult to quantify a dollar amount on the non-economic damage, such as mental distress and loss of enjoyment.

Your lawyer will assist you determine the amount of damages by using a variety methods. This includes hiring experts in reconstruction of accidents who examine photographs of the scene, police reports, witness testimony, and other evidence to determine the circumstances of the crash.

Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic implications of your injuries. These will include estimates of future medical and support costs, wage projections and other financial factors. This is necessary to ensure that you are fully compensated for losses you've suffered and will be able to recover in the future.

Comparative Fault

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

The majority of states have some kind of comparative fault rule that allows victims to be compensated even if their share of the blame is for an accident. However, the amount they receive in settlement will be reduced according to the degree of fault. For instance, if a jury will award you $100,000 for injuries, but finds that you're 40 percent at fault, you will only get $60,000.

There are two types of modified comparative fault rules. The first is the 50% bar rule. This prevents an injured party from receiving compensation if they're at fault for more than 50 percent. Colorado and Utah are two states that adhere to this rule. The other type, known as pure comparative negligence, permits victims to seek damages if they are found to be 99 percent at fault.

Statute of limitations

In most instances, the person who was injured involved in a car accident may file a lawsuit. However they must be filed within a specific time frame, known as the statute of limitations, or the victim's legal claim will be barred and forfeited for ever.

The statute of limitation has nothing to do whether or whether an insurance company representing the defendant will settle the case. It is all about the first event that triggered the case, and the incident or accident which caused the injury. Thus, knowing precisely when the clock starts to tick is essential for the proper application of this important legal requirement.

In New York, people who are hurt in car crashes generally have three years to file personal injury lawsuits. In some instances this time frame can be shortened. For example, in cases where a minor is involved, the statute of limitations is paused until the child is free by marrying or reaching age 18, which typically takes two years after the accident. There are other exceptions, and an experienced attorney can give advice on the specifics.

Representation

We have extensive experience consulting and representing public entities and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, including water, electricity and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and charges.

In a motor vehicle crash situation, we can identify the parties responsible and support you in your quest for compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, including wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, as well as national logistics firms on product liability and automobile accidents claims. We handle pre-suit evaluations, proactively manage discovery and employ trial-ready skills to ensure an optimal outcome for the client, whether through summary resolution 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 concerning dealership closures, addition of points warranty and incentive audits, and relocations.