Motor Vehicle Litigation
In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. This is decided by the jury on the basis of evidence presented to them.
In order to be held liable for a personal injury, the defendant has to have been negligent during the incident. Liability is determined by the degree to which negligence contributed to the accident.
Liability
The objective of a claim for motor vehicle accidents is to obtain compensation from the other party to compensate 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 defendant’s negligence or inactions led to a collision, and the bodily injury that resulted from it.
An experienced attorney can assist you in determining whether the driver who was 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 responsibility by relying on tort liability rules. This includes a defendant’s obligation to the victim, the defendant’s violation of this duty actual and direct causation and injuries.
Additionally, a experienced lawyer can assist with determining the liability in cases where the insured driver or the owner of the vehicle may be the subject of a lawsuit, too. Most insurance policies for automobiles offer coverage to anyone who uses the vehicle with the consent 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 incurred by the plaintiff. This is usually accomplished by providing a detailed record of the out-of-pocket expenses that were incurred and also future losses that are likely to arise due to the injuries suffered. These are referred to as economic and non-economic damages.
The former covers things such as medical bills and lost income while the latter is a way to compensate for more intangible things such as pain and suffering. It is difficult to establish the dollar value of non-economic damages like mental suffering and loss of enjoyment in life.
Your attorney will help to determine your damages with a variety of methods. This may include hiring accident reconstruction specialists who will look over police reports, photos witness statements, and other evidence to reconstruct the crash.
Your attorney will also support your claim by soliciting expert opinions which outline the economic and noneconomic implications of your injuries. This includes estimates of the future costs of care and support costs, wage projections, and other financial considerations. They are crucial in order to ensure you’re completely compensated for any losses you’ve suffered and will continue to suffer in the future.
Comparative Fault
In the event of a car crash, a system called comparative fault (or contributory negligence) determines the amount of blame the person who was injured is accountable for. It’s a crucial issue in a number of cases, and something that your attorney might have to prove.
Most states implement some version of a a comparative blame rule, which permits victims to pursue compensation even if they have a share of the blame in an accident. The amount of the settlement will be determined by the degree of fault. For example, if a jury gives you $100,000 for your injuries, but concludes that you’re 40% at fault, you will only get $60,000.
However, the law is much more complex than that as there are two distinct types of modified rules of comparative fault. The first is known as the 50 bar rule, which prevents an injured party from claiming damages when they are more than 50% at the fault. Colorado and Utah are two states that adhere to this rule. The other variant, called pure comparative negligence, allows victims to recover damages if they’re found to be 99 percent at fault.
Statute of limitations
In most cases, an injured person who is injured in a car crash may sue. However, these lawsuits must, be filed within a certain timeframe of limitations, or else the victim’s claim is forever barred.
The statute of limitations has nothing to have anything to do with whether the defendant’s insurance company will settle, and everything to do with the initial triggering event in the case, which is the incident or accident that led to the injury. Calculating the exact time that the clock starts to tick is crucial to ensure compliance with this important rule.
In New York, those injured in car accidents can have up to three years to make a personal injury claim. This time frame can be reduced in certain circumstances, but. For instance, in cases where minors are involved, the statute of limitations is paused until the child becomes legally emancipated after marriage or turning 18 which typically takes two years following the accident. There are other exceptions, and a skilled lawyer can advise on the specifics.
Representation
We have a wealth of experience advising and representing public utilities and Vimeo public entities on 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 also represent transportation entities including taxicabs, trucking companies and limousines before the Public Utilities Commission in cases that involve rates, fees and service.
In a motor vehicle crash situation, we can identify the parties responsible and assist you in your pursuit of compensation. Our firm also assists victims of car accidents and tractor-trailer accidents, including the wrongful deaths.
Our commercial motor vehicle practice provides advice to manufacturers, national leasing companies, and national logistics companies on the subject of product liability and auto accident claims. We manage pre-suit assessments and proactively manage discovery. We apply trial-ready skills for an optimal client outcome whether it’s through a the summary resolution or a favorable final verdict. Our team of lawyers advises franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relations and represents them in New crawfordsville motor vehicle accident lawyer Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.
