How to Build a Motor Vehicle Case In the majority of motor vehicle lawsuits you can seek New York State minimum limits of 25,000/50,000 for your injuries and property damage However, the case becomes more complex when you sue entities other than the driver or owner of the vehicle For example, under New York's pure comparative negligence fault rule, you could potentially recover from multiple at-fault parties The question is whether the other parties are leasing or rental car companies, or entities Identifying the At-Fault Party Reviewing evidence at the accident scene is the first step in finding out who was responsible A police officer investigating the collision will interview all the passengers and drivers as well as witnesses to compile the full details of what transpired These details are used to make an investigation report for the police, and will help to determine who was at fault It is also helpful to review any damage done to the vehicles involved in the crash For instance, if you were rear-ended by a driver, the rear vehicle's rear bumper damage will usually tell a story that's unambiguous as to who was at fault in the accident In New York, which is a no-fault insurance state, the at-fault party will usually reimburse you for your medical expenses and lost income in the amount of their policy limits If you are injured in a way the state defines as serious, like a loss of an organ, significant impairment, disfigurement, or death that is, then you might be able to recover greater damages through filing a lawsuit Litigating automobile accidents venued within New York requires a thorough knowledge of the law of the state and other statutes, such as CPLR SS 388, which imposes vicarious liability on owners of vehicles for the inattention of drivers who operate their vehicles without their permission This is a rebuttable presumption, and evidence from both sides will be considered to determine if the owner had the driver's explicit or implied consent at the time of the accident Collecting evidence Evidence is crucial in any case It includes witness testimony, photos physical objects, and documentation The more evidence you have, the better your chances are of winning Car accident cases are no exception It is vital to have the correct evidence to prove your case This starts by collecting the facts as soon as you can after the accident If you are able to take photos of the scene as quickly as you are able Include any damage to the vehicle debris, skidmarks, or other marks Keep track of the date, time and the location of the accident This information is important should you need to access traffic or security camera footage to aid your case Interrogatories and depositions are another way to gather evidence Interrogatories are written questions which the other party is required to answer under oath in a specific time frame A deposition is a testimony delivered outside of court, which is usually recorded and transcribed Depositions can reveal vital information about the accident and the other parties involved It is also crucial to talk to anyone who witnessed the incident, especially when the person is willing to give a statement neutral witnesses are usually more convincing than witnesses who have financial stakes in the outcome of an investigation This is especially true for collisions that result in a hit-and-run, and where the other driver might not be found immediately How do I obtain witness testimony If https//vimeocom/706881568 were present at the scene of the accident, they'll likely be willing to testify for your case But, there are times witnesses who are obstinately refusing to provide their testimony In these situations the lawyer may need obtain a subpoena or a warrant to legally request the witness' testimony There are many different types of expert witness testimony that is frequently used in car accident cases They include experts in accident reconstruction and medical experts Accident reconstruction experts have extensive working experience and educational background which allows them to analyze evidence and provide opinions regarding the cause of your crash Medical professionals are experts about human anatomy and injuries For example, a physician or radiologist can testify about the nature and severity of your injuries This could include a CT scan as well as MRI results Another important kind of expert is an expert in vocational fields They can provide valuable information into the impact of your injuries on your life and career They can, for example, explain how your injuries have 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 often the key to an outcome in a trial When we think about experts, we envision long, TV-like trials involving professional experts who give last-minute details that could mean the difference between victory and defeat While experts can be a major factor in the case, their testimony must be supported by specific scientific data and analysis and involve an exhaustive review of the case In accordance with the type of accident you experienced There are a variety of experts who can aid For instance, in car accident cases an expert witness who is skilled in accidents can make use of their knowledge and training to provide an insight into the cause of the crash and its causes Experts can also provide technical information about automobiles which would otherwise be difficult for a jury to comprehend In personal injuries, experts can be able to testify regarding the extent of your injuries and the impact they could have on you moving forward For example an economist could write an account of your financial losses that you will suffer as a result of the accident, which includes future loss of income and household expenses out of pocket Generally, expert witness testimony is only admissible if the testimony adds significant value to your case It is therefore important to collaborate closely with your lawyer to select the right expert for your case