Tonja Pelloe asked 2 months ago
Motor Vehicle Litigation
In most motor vehicle accident lawsuits, the plaintiff’s damages are diminished by 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. The degree of liability is determined by the degree to which the negligence contributed to the accident.
Liability
The aim of a Motor Vehicle Accident Attorneys accident claim is to obtain compensation from the other party for injuries and losses caused due to their negligence. A lawsuit arising out of an auto or trucking crash will require that the victim’s claim be proven that the negligent actions of the defendant or inaction caused a collision and the bodily injury that resulted from it.
An experienced attorney can help you determine whether the person at fault or a different defendant is accountable for your losses. Most auto accidents cases rely on a plaintiff’s ability to prove their defendant’s liability based on the tort liability standard, including a defendant’s duty to the plaintiff, the defendant’s breach of this duty, the causality that is actual and proximate, and injuries.
Additionally, a experienced lawyer can assist with determining the extent of liability in cases where the insured driver or owner of the vehicle may be the subject of an action. Most automobile insurance policies grant coverage to anyone who operates the vehicle under the authority of the owner, subject to certain exceptions. This usually involves analyzing CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is typically accomplished by providing a detailed record of the expenses incurred out of pocket and also future losses that are likely to arise due to the injuries that were sustained. These are referred to as economic and non-economic damages.
The former covers things like medical bills and lost income, while the latter is compensation for more intangible things such as suffering and pain. It is often difficult to determine an exact dollar value to non-economic damages like mental stress and the loss of enjoyment life.
Your attorney will assist in calculating your damages through the use of a range of techniques. This includes hiring accident reconstruction experts who will analyze photographs of the scene police reports, witness testimony and other evidence to determine how the crash occurred.
Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic effects of your injuries. This includes estimates of future healthcare and support costs, wage projections and other financial considerations. These are essential in order to ensure you’re fully compensated for any losses you have suffered and will continue to be afflicted in the future.
Comparative Fault
A system known as comparative fault – or contributory negligence – determines the amount of fault that an injured person could be held responsible for in a car accident. It’s a crucial issue in a number of cases, and one that your attorney could have to prove.
Many states have a type of comparative fault rule that allows victims to be compensated even if a portion of blame is an accident. But the amount of their settlement will be reduced by the degree of fault. So, for example the case where a judge will award you $100,000 for injuries, but determines that you’re 40 percent at fault, you would only get $60,000.
There are two distinct types of modified comparative fault rules. The second is known as the 50% bar rule, which prohibits the victim from claiming damages when they are more than 50 percent at fault. It is followed by several states, including Colorado and Utah. The other variant is called pure comparative fault, which allows victims to claim damages even if found to be 99 percent at fault.
Statute of Limitations
In the majority of instances, the person who was injured who is injured in a car crash may make a claim. However the lawsuits must be filed within a specified period of time, also known as the statute of limitations, or the claim of the victim will be barred and forfeited forever.
The statute of limitations has nothing to have anything to do with whether the insurer of the defendant will settle, and it is all about the triggering event that initiated the case – the incident or accident that caused the injury. Calculating the exact time that the clock starts to run is essential for complying with this important rule.
In New York, people who are injured in car accidents generally have three years to start a personal injury lawsuit. This time frame can be reduced in certain situations, however. For instance, in situations where a minor is involved the statute of limitations is paused 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 provide advice on the particulars.
Representation
We have extensive experience providing advice and representation to public agencies and utilities in matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, such as electricity, water and sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues concerning rates, service and charges.
In a motor vehicle accident attorney vehicle accident case, we can help identify the responsible parties and assist you in your quest for compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, as well as fatalities caused by negligence.
Our practice in commercial motor vehicles assists manufacturers, national leasing companies, and national logistics companies on the subject of product liability and claims arising from accidents in the automobile. We handle pre-suit assessments, proactively manage discovery and employ trial-ready skills to ensure an optimal outcome for the client whether it’s through a summary disposition or a favorable decision. Our team regularly counsels franchised motor vehicle accident attorneys truck, motorcycle, and vehicle dealers on factory-dealer issues. It also represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points, warranty and incentive audits, as well as relocations.