Notes

Motor Vehicle Compensation: A Simple Definition
Motor Vehicle Litigation

In the majority of motor vehicle collision lawsuits, the plaintiff’s damages are diminished by their percentage fault. The jury will make this decision on the basis of the evidence they receive.

To be liable for a personal injury the defendant must be negligent at the time of the incident. Liability is based on the degree to which negligence caused the accident.

Liability

The purpose of a motor vehicle accident claim is to collect damages for the injuries and losses caused by the negligence of another party. Unless the victim is in one of the states that operate under a no fault insurance system for trucking or automobile accidents, an accident lawsuit must prove that a defendant's careless actions or failure to act caused a collision and an injury to the body.


An experienced attorney can help you determine if the driver at fault or another defendant is responsible for your losses. Most auto accident cases turn on a plaintiff's ability to establish their defendant's liability based on the tort liability standard, including a defendant's duty to the plaintiff, the breach by the defendant of this duty, real and proximate causation and injuries.

motor vehicle accident lawyer troy can assist you in determining the liability in cases where the insured driver or the owner of the vehicle might be the subject of a lawsuit, too. Most automobile insurance policies contain an affirmative provision of protection to anyone operating the vehicle with owner's permission subject to certain exclusions. This may include a review of CPLR SS 1602.

Damages

A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is usually done by providing detailed evidence of the expenses that are incurred, as well as the loss that is expected as a result of the injuries suffered. These are known as economic and non-economic damages.

The former covers things such as medical bills and lost income. The second is compensation for more intangible things 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 assist in calculating your damages through the use of a variety of methodologies. This may include retaining accident reconstruction experts who review police reports, photographs and witnesses' statements, and other evidence to reconstruct the crash.

Your lawyer will also aid your claim by seeking expert opinions on 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 to ensure that you're compensated fully for any losses you've suffered and will continue to suffer in the future.

Comparative Fault

A system known as comparative fault - or contributory negligence determines the amount of fault an injured person could be accountable for in a car accident. It's an important issue in a lot of cases and something your attorney may be required to prove.

Most states implement some form of a comparative fault rule that allows victims to seek compensation even if they share the blame for an accident. However, the amount they receive in settlement will be lowered by their level of blame. For instance when a jury awards you $100,000 for your injuries, but concludes that you're 40% in the wrong, you'd only get $60,000.

There are two kinds of modified comparative fault rules. The first is referred to as the 50 bar rule, which bars an injured party from claiming damages in cases where they are more than 50 percent at fault. It is a rule that is followed by several states, including Colorado and Utah. Another variation is known as pure comparative fault, which allows victims to recover damages even if found to be at fault.

Statute of limitations

In the majority of cases, an injured person who is injured in a car crash may file a lawsuit. However the lawsuits must be filed within the timeframe known as the statute of limitations or the claim of the victim is deemed to be void and barred for life.

The statute of limitation does not have anything to do with whether or the insurance company of the defendant will settle the case. It is all about the first event that triggered the case, or the incident or accident which caused the injury. Knowing the exact moment at which the clock starts to tick is crucial for complying with this important rule.

In New York, those injured in car accidents are allowed up to three years to start a personal injury lawsuit. The timeframe may be reduced in certain circumstances, however. For instance, in cases where a minor is involved, the statute of limitations is paused until the child is free by marrying or turning 18 which is typically two years after the accident. There are other exceptions, and a skilled lawyer can advise on the particulars.

Representation

We have extensive experience advising and representing utilities and public entities in matters involving motor vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee fixed public utilities, such as water, electricity and sewer services. We represent transportation companies, such as taxicabs and limousines before the Public Utilities Commission on issues involving rates, service and fees.

We can assist you in determining the parties responsible for accidents involving motor vehicles and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including wrongful death cases.

Our practice in commercial motor vehicles provides advice to manufacturers, national leasing companies, and national logistics companies regarding auto accidents and product liability claims. We handle pre-suit assessments and are proactive in managing the discovery process. We also apply trial-ready techniques to ensure a favorable client outcome which could be a summary resolution or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues. We also represents them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, as well as relocations.

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