Motor Vehicle Litigation In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are diminished by their percentage fault The jury decides this according to the evidence presented to them To be held responsible for personal injury the defendant must have been negligent during the incident Liability is based on the extent to which negligence caused the accident Liability The objective of a claim for motor vehicle accidents is to obtain compensation from the party who caused the injuries and losses that were caused due to their negligence A lawsuit for an auto or trucking crash requires that the injured party prove that the defendant's negligent acts or failure to act resulted in a collision and the bodily injury that resulted from it An experienced lawyer can assist you in determining whether the driver who was at fault or another defendant is responsible for your losses The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's fault using tort liability principles This includes a defendant’s duty to the victim, the defendant's infraction of this duty, direct and immediate causation as well as injuries A knowledgeable lawyer can assist in analyzing liability in situations in which the insured driver or the owner of the vehicle is a party in a lawsuit Most automobile insurance policies contain an affirmative guarantee of insurance to anyone driving the vehicle with owner's permission with certain limitations This analysis includes a review of CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages suffered by plaintiff This is typically accomplished by providing detailed documentation of expenses out of pocket as well as future losses that are expected to arise as a result of the injuries suffered These are referred to as economic or noneconomic damages The first is for things like medical expenses and lost income and the latter is for intangibles like suffering and pain It is difficult to establish an amount of money on non-economic damages like mental suffering and loss of enjoyment in life Your attorney will assist you determine the amount of damages by using a variety of methods This includes retaining accident reconstruction experts who will examine photographs of the scene, police reports, witness testimony, and other evidence to understand how the crash occurred Your lawyer will also aid your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries These will include estimates of future medical and support costs, wage projections, and other financial aspects These are essential to ensure you are fully compensated for any losses you've incurred and encounter in the near future Comparative Fault In a car accident a system known as comparative blame or contributory negligence determines the amount of fault an injured party is responsible for It's a key issue in many cases and something that your attorney might need to prove Most states have some form of comparative fault rule that allows victims to receive compensation even if a portion of the blame is for an accident The amount of the settlement will be based on the degree of fault So, for example, if a jury decides to award you 100,000 for your injuries, but finds that you're 40 percent at fault, you would receive only 60,000 There are two distinct types of modified comparative fault rules The first is referred to as the 50 bar rule, which prohibits an injured party from receiving damages when they are more than 50 at fault It is used by a few states, including Colorado and Utah Another variation is known as pure comparative fault, which permits victims to recover damages even if they are found to be 99 at fault Statute of limitations In the majority of instances, a person injured in a car accident can make a claim However, these lawsuits must, be filed within a certain timeframe of limitations or else the victim's claim will be barred forever The statute of limitation has nothing to do whether or whether an insurance company representing the defendant will settle the case It's focused on the primary event that triggered the case, and the incident or accident which caused the injury Therefore, knowing exactly when https//vimeocom/706744197 starts to tick is crucial for the proper application of this important legal requirement In New York, those injured in car accidents can have up to three years to file a personal injury lawsuit In certain instances the timeline may be shortened For example, in cases where a minor is involved, the statute of limitations is suspended until the child becomes fully emancipated through marriage or turning 18 which is usually two years after the incident There are other exceptions, and a knowledgeable attorney can give advice on the specifics Representation We have a wealth of 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, including electricity, water and sewer services We represent transportation companies such as limousines and taxicabs before the Public Utilities Commission on issues that concern rates, service and fees We can assist you in determining the parties accountable for a motor vehicle accident and assist you in pursuing compensation Our firm also helps victims of car accidents as well as tractor-trailer crashes, as well as wrongful deaths Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies regarding product liability and auto accident claims We manage pre-suit assessments, proactively manage discovery and employ trial-ready skills to ensure an optimal client outcome regardless of whether it is through the summary decision or a favorable final verdict Our team counsels franchised motor vehicles motorbikes, truck dealers and motorcycles on issues that concern factory-dealer relations and represents them in New Motor Vehicle Board protests regarding the termination of dealerships, audits of incentive and warranty programs and relocations