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How to Build a Motor Vehicle Case

In the majority of motor vehicle lawsuits, you are entitled to the New York State minimum of $25,000 or $50,000 in damages for injuries or property damage. However, the case becomes more complicated when you seek to sue entities other than the driver or 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 reviewing evidence from the scene of the collision. A police officer who is investigating the collision will question all drivers and passengers as witnesses to collect an exact account of what happened. These facts will be used to draft an official police report, and they will be used to determine who is at fault.

It is also useful to review any damages done to the vehicles involved. For example when you were hit by a driver the rear car's bumper damage is likely to tell a story that's clear cut as to who was responsible in the crash.

In New York, a state with no-fault insurances, the person at fault is liable to pay for medical expenses and lost wages, up to policy limits. If you suffer an injury that is deemed by the state as serious, like loss of a limb, significant impairment of your body, disfigurement or death, you may be able to seek more extensive damages by filing an action against the at-fault party.

To be able to successfully resolve car accidents in New York, it is important to have a thorough understanding of the state's laws and statutes. For instance, CPLR SS388 places vicarious liability on vehicle owners for the negligence of drivers who operate their vehicles under their permission. This is a reasonable assumption and both sides' evidence will be analyzed to determine whether the owner had the driver's explicit or implicit consent when the incident occurred.

Collecting Evidence


Evidence is the most important aspect in any court case. It includes witness testimony, photographs physical evidence, as well as documents. The more evidence you have the better your chances are of winning. Car accident cases are no exception. It is important to have the correct evidence to present a convincing case. This begins by collecting the details as soon as you can following the incident.

If you're physically capable to do so, take pictures of the scene of the crash as quickly as you can, including scratches or damage to the vehicle and debris. Note the date, the time and the location of the accident. It's essential to keep this information in case you need access to traffic or security camera footage for your case.

Depositions and interrogatories are another method of gathering evidence. Interrogatories are written inquiries that the other party is required to answer under oath in a specified period of time. A deposition is a statement given outside of court that's usually recorded and transcribed. Depositions can provide crucial details about the incident and the other parties.

It's also essential to speak with anyone who witnessed the accident, particularly if they're willing to provide statements. Often, neutral witnesses can be more compelling than those with an economic stake in the outcome of the case. This is particularly true in hit-and-run accidents, where the other driver might not be able to be identified immediately.

How to Obtain Witness Testimony

If witnesses were at the scene of the incident they will likely be willing and able to testify in your favor. But, there are times that witnesses adamantly refuse to provide their testimony. In such cases the lawyer may need to get a subpoena in order to legally request witnesses' testimony.

In the case of car accidents, expert witnesses are often called on to testify in a variety of ways. They include medical professionals as well as experts in reconstruction of accidents. Experts in accident reconstruction have years of working experience and educational background that allows them to evaluate evidence and offer opinions on the causes of your crash. Medical professionals are able to provide specialized knowledge of the human body and injuries. For example, a physician or radiologist could testify about the nature and extent of your injuries. motor vehicle accident lawyer lubbock includes the results of a CT scan as well as MRI results.

Vocational experts are another important type of expert. They can provide valuable insight into the impact of your injuries on your career and life. For instance, they could explain how your injuries have hindered you from performing specific job duties and help jurors understand the full impact of your injuries.

Expert Witness Testimony

Expert witness testimony is often the most important factor in a successful case. When we think of experts, we imagine long, television-like trials with celebrities giving last-minute information that can mean the difference between winning and defeat. While it is true that experts can make or break a case, their testimony should be built on specific data from science as well as analysis, and must include an exhaustive review of the case.

Depending on the type of accident that you have been involved in, there are different types of experts who can help. For car accidents, for example, an expert witness who is specialized in accidents can use their experience and experience to provide details about the accident and its causes. Experts can also explain technical aspects of the automobile that are difficult for jurors to understand.

In personal accident cases, experts could also testify on the extent of your injuries and how they impact your life going forward. An economist, for example can write a report that details the financial losses you will suffer as a result. This includes future income loss and household out of pocket expenses.

Generally speaking, expert witness testimony is only admissible if it adds substantial value to your claim. This is the reason it is essential to work closely with your attorney to select the most appropriate experts for your particular case.

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