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10 Things Everyone Makes Up About Motor Vehicle Claim
How to Build a Motor Vehicle Case

In most motor vehicle cases you are able to recover the New York State minimum of $25,000/$50,000 in damages for your injuries or property damage. The situation can get more complicated in the event that you sue a person other than the driver or the owner of the vehicle.

In New York, for example, you can potentially recover from multiple parties who are at fault under the pure comparative negligence rule. The problem arises when the other parties are leasing companies or car rental entities.

Identifying the At Fault Party

The first step in identifying the at-fault party in a motor vehicle crash is to review evidence from the scene of the collision. A police officer who is investigating the accident will speak with all drivers, passengers and witnesses to get the full story. These details will be the basis for an investigation report by the police and help to establish who was negligent, which is a key aspect in determining fault.

It is also useful to check any damages to the vehicles involved. For example in the event that you were rear-ended by another driver, the rear vehicle's rear bumper damage will usually provide a narrative that is unambiguous as to who was responsible for the collision.

In New York, which is a no-fault insurance state the at-fault party will usually pay your medical expenses and lost income up to their policy limits. If you are injured in a manner that the state defines as serious, like a loss of an individual body part, serious impairment or disfigurement, or even death in the event of death, you may be able to obtain more extensive damages through filing a lawsuit.

To be able to successfully resolve car accidents in New York, it is crucial to have a comprehensive knowledge of the state's laws and statutes. For instance the CPLR SS388 statute places vicarious liability on vehicle owners for the negligence of drivers who operate their vehicles with their authority. This is a rebuttable rule of law, and evidence from both sides will be considered to determine if the owner had the driver's written or implied consent at the time of the accident.

Collecting Evidence

Evidence is key in any court case. It includes witness testimony, photographs physical evidence, and documents. The more evidence you have, the better your chances are of winning. Car accident cases are no exception. Building a strong case for compensation is all about having the right evidence. This begins with obtaining the proper information right after the accident.

If you're physically able, photograph the scene of the crash as quickly as possible, including any skid marks, vehicle damage, and debris. Keep motor vehicle accident lawsuit beaverton of the date, time and the location of the accident. This information is essential in the event you need to get access to security or traffic camera footage to aid your case.

Depositions and interrogatories are a different method to gather evidence. Interrogatories are questions written in writing that the other party must answer under oath within a specific time frame. A deposition is out-of-court testimony that is recorded and then transcribed by a court reporter. Depositions can reveal important details about an accident as well as the other parties.

It is also essential to talk to anyone who witnessed the incident, especially if that person is willing to make a statement. Sometimes, impartial witnesses can be more persuasive than those with an financial stake in the outcome of the case. This is particularly true in crashes involving hit-and-run in which the other driver might not be caught immediately.

Finding Witness Testimony

If witnesses were present at the scene of a crash they are likely to give testimony for your case. Sometimes, witnesses are unwilling to provide their testimony. In such cases your lawyer may have to obtain an injunction to legally request their testimony.

There are a variety of different kinds of expert witness testimony that is frequently used in car accident cases. They include experts in reconstruction and medical professionals. Accident reconstruction experts have extensive experience and knowledge gained through education which allows them to analyze evidence and offer their opinions regarding the cause of your crash. Medical professionals are able to provide special knowledge of the human body and injuries. For example, a physician or radiologist could testify about the extent and nature of your injuries. This includes a CT scan as well as MRI results.


Vocational experts are an additional type of expert. They can provide valuable insights into the impact of your injuries on your work and life. They could, for example describe how your injuries prevented you from performing specific tasks at work. They could also assist jurors in understanding the full impact of your losses.

Obtaining Expert Witness Testimony

Expert witness testimony is the most important factor in winning the case. When we think of expert witnesses, we picture long, TV-like court battles with experts who are adorned and provide crucial details that can make the difference between winning or defeat. While experts' witnesses can be the key to an argument, their evidence should be backed up by specific scientific data and analysis as well as a thorough analysis.

In accordance with the type of accident you were involved in There are a variety of experts who can assist. For instance in cases involving car accidents an expert witness who is trained in accidents may utilize their experience and training to offer insight into the accident and its causes. Experts can also explain automotive technical details that are difficult for a juror to understand.

In personal accident cases, experts could be able to testify regarding the severity of your injuries and how they impact you moving forward. An economist, for example could prepare a report that outlines the financial losses you will be able to incur as a result of. This includes future income loss and household expenses out of pocket.

Generally speaking, expert witness testimony is only admissible if it adds significant value to your claim. This is why it is important that you collaborate with your attorney in deciding the right experts for your case.

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