Notes

Why You Should Focus On Improving Motor Vehicle Compensation
Motor Vehicle Litigation

In the majority of motor vehicle accident cases, the plaintiff's award is lowered by their percentage of the fault. This is determined by the jury based on the evidence presented to them.

To be held accountable for a personal injury, the defendant has to have been negligent in the incident. The degree of liability is determined by extent of negligence that led to the accident.

Liability

The goal of a motor vehicle accident claim is to seek compensation from the other party in exchange for losses and injuries caused due to their negligence. Unless the injured person lives in one of the states that operate under a no fault insurance system and a trucking accident lawsuit will require showing that the defendant's negligent actions or failure to act resulted in a collision and corresponding bodily injury.

An experienced attorney can assist you in determining if the driver at fault or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability prove the defendant's responsibility based on tort liability principles. This includes a defendant’s obligation to the victim, defendant's infraction of this duty, direct and actual causation, and injuries.

A skilled lawyer can assist in determining the liability of a situation in which the insured driver or the owner of the vehicle is involved in a lawsuit. The majority of automobile insurance policies provide coverage to anyone who uses the vehicle under the authority of the owner, subject to certain exceptions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit has to prove the damages suffered by a plaintiff. This is typically accomplished by providing a detailed record of the expenses incurred out of pocket and also the potential for future losses to result from 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. The second is compensation for things that are more intangible like suffering and pain. Oftentimes, it can be difficult to assign a precise dollar value to damages that are not economic such as mental anguish and loss of enjoyment of life.

Your attorney will help to determine your damages with a variety of methods. This includes retaining experts in the field of accident reconstruction who review photos of the scene, police reports, witness testimony, and other evidence to help reconstruct how the accident occurred.

Your attorney will also help to support your claim with expert opinions that outline the economic and non-economic impacts of your injuries. This includes cost estimates for future care and support, wage projections and other financial factors. These are necessary in order to ensure that you're fully compensated for losses you've incurred and suffer in the future.

Comparative Fault

In a car accident a system called comparative fault (or contributory negligence) determines the amount of fault that an injured party is responsible for. In many cases, it's an important aspect that your lawyer must prove.

Most states have a form of a comparative fault system that allows victims to be compensated regardless of their share of blame is an accident. The amount of compensation will be based on the level of fault. If, for instance, an award of $100,000 is made by a jury for your injuries but finds that you're at 40 percent responsible, you will only receive $60,000.

There are two kinds of modified comparative-fault rules. The one is known as the 50% bar rule, which prevents the victim from receiving damages in cases where they are more than 50 percent at the fault. Colorado and Utah are two states that are governed by this rule. The other variant, called pure comparative negligence, permits victims to recover damages if they're found to be 99 per cent at fault.


Statute of limitations

In most instances, a person who is injured in a car crash is eligible to file a claim against the party who caused the accident. However, motor vehicle accident attorney independence must be filed within the prescribed time of limitations or else the victim's claim will be barred forever.

The statute of limitations has nothing to be concerned with whether or not the defendant's insurance company will settle, and everything to do with the triggering event that initiated the case - the incident or accident that caused the injury. Determining the exact time the clock starts to tick is vital for 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. In certain instances, this timeline can be shortened. In cases where a child is involved, such as the statute is suspended until the child is free, which is achieved by marrying or reaching the age of 18, usually two years after the incident. There are other exceptions and experienced attorneys can provide advice on the specifics.

Representation

We have significant experience as a consultant and advocate for public agencies as well as utilities on issues related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities, such as electric, gas, and water/sewer services. We also represent transportation companies, such as taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases that involve rates, fees and service.

We can help you determine the parties responsible for an accident involving a motor vehicle and help you pursue compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as wrongful deaths.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies about the liability of their products and automobile accidents claims. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready skills to achieve an outcome that is favorable to the client whether it's a summary disposition or favourable final decision. Our team counsels franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs, as well as relocations.

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