Motor Vehicle Litigation In most motor vehicle accident cases, the plaintiff's are reduced by the percentage of the fault This is determined by the jury based on evidence presented to them To be liable for a personal injury, the defendant must be negligent at the time of the incident Liability is determined by the degree of negligence that contributed to the incident Liability The purpose of a vehicle accident claim is to collect damages for injuries and losses resulting from another party's negligence If the injured party is not in one of the few states that operate under a no-fault system of insurance the filing of an auto or trucking accident lawsuit must demonstrate that the negligent act of a defendant or inaction caused a collision and the resulting bodily injury An experienced lawyer can help you determine whether the at-fault driver or other defendant is liable for your losses The majority of auto accidents cases depend on the plaintiff's ability prove the defendant's negligence using tort liability principles This includes a defendant's obligation to the victim, the defendant's breach of this duty, actual and direct causation and injuries Additionally, a skilled lawyer can assist in determining the liability in cases where the insured driver or owner of the vehicle may be involved in an action The majority of automobile insurance policies provide coverage to any person who drives the vehicle with the approval of the owner, with certain exceptions This may include a review of CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff This is typically done by providing thorough evidence of the expenses and future loss that will be expected due to the injuries suffered These are referred to as economic and noneconomic damages The former covers things like medical expenses and lost income and the latter is for intangibles such suffering and pain It can be difficult to determine an exact dollar value to non-economic damages like mental stress and the loss of enjoyment life Your attorney will assist you in calculating your damages through the use of a variety This includes hiring accident reconstruction experts who will review images of the scene, police reports, witness testimony, and other evidence to determine the way in which the accident took place Your attorney will also support your claim by getting expert opinions that detail the economic and noneconomic impacts of your injuries These will include estimates of future medical and support costs, wage projections and other financial aspects This is necessary to ensure that you are fully compensated for the losses you've incurred and encounter in the near future Comparative Fault A system called comparative fault or contributory negligence - defines the amount of fault an injured party can be accountable for in a car accident In many cases, it's an important aspect that your lawyer will need to prove Most states implement some form of a comparative fault rule, which allows victims to pursue compensation even if they share the blame for an accident The amount of compensation will be based on the level of fault So, for example, if a jury gives you 100,000 for your injuries, but finds that you're 40 at fault, you will receive only 60,000 There are actually two different kinds of modified comparative fault rules The first is the 50 bar rule This bar rule blocks the injured party from receiving compensation if they're at fault for more than 50 percent Colorado and Utah are two states that follow this rule Another variation is known as pure comparative fault, which permits victims to recover damages even if found to be at fault Statute of Limitations In the majority of instances, the person who was injured who is injured in a car crash may bring a lawsuit However these lawsuits must be filed within a specific period of time, also known as the statute of limitations or the victim's legal claim will be forfeited and barred forever The statute of limitations has nothing to do with whether or not the insurer of the defendant will settle it, and has everything to do with the triggering event that initiated the case, which is the incident or accident that caused the injury The exact time at which the clock begins to tick is crucial to ensure complying with this important rule In New York, people who suffer injuries in car crashes generally have three years to start a personal injury lawsuit In certain cases the timeline may be reduced For example, in cases where minors are involved, the statute of limitations is suspended until the child becomes legally emancipated after marriage or turning 18 which typically takes two years following the accident There are other exceptions, and a skilled attorney can offer advice on the specifics Representation We have extensive experience advising and representing public entities and utilities in matters related to motor vehicle litigation Our clients include local and county governments, state and federal agencies that regulate fixed public utilities such as water, electricity and sewer services We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues involving rates, service and charges https//vimeocom/706744197 can help you determine the responsible parties for an accident involving a motor vehicle and help you pursue compensation Our firm also assists victims of car accidents and tractor-trailer crashes, including wrongful deaths Our practice in commercial motor vehicles offers advice to manufacturers, national leasing companies, as well as national logistics companies on car accidents and product liability claims We manage pre-suit evaluations and proactively manage the discovery process We also use trial-ready techniques to ensure the best possible client outcome whether it's a summary resolution or a favorable final verdict Our team regularly counsels franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, as well as relocations