Motor Vehicle Litigation In the majority of motor vehicle collision cases, the plaintiff's award is lowered by their percentage of fault The jury decides this in accordance with the evidence they receive To be held liable for personal injuries, the defendant has to be negligent during the incident Liability is determined by the extent to which negligence caused the accident Liability The goal of a claim for motor vehicle accidents is to collect damages from the other party for damages and injuries caused through their negligence A lawsuit for a car or trucking collision will require that the victim's claim be proven that the defendant's negligent actions or failure to act caused a collision and the bodily injury that resulted from it An experienced attorney can help you determine if the driver at fault or a different defendant is accountable for your losses The majority of auto accident cases are based on a plaintiff's ability demonstrate the liability of their defendant on traditional tort liability principles and include a defendant's duty to the plaintiff, the breach of this duty, actual and proximate cause, and injuries A skilled lawyer can assist in determining the extent of liability in cases where the insured driver or the owner of the vehicle could be involved in a lawsuit as well Most automobile insurance policies grant protection to those who operate the vehicle with the permission of the owner, with certain exceptions This analysis will include a review of CPLR SS 1602 Damages A successful motor vehicle suit must establish damages suffered by the plaintiff This is usually done by providing detailed documentation on out-of pocket expenses and future loss that will be expected due to the injuries suffered These are referred to as economic or noneconomic damages The former covers things like medical expenses and lost income while the latter is compensation for more intangible things like suffering and pain It can be difficult to establish an amount in dollars for non-economic damages like mental suffering and loss of enjoyment in life Your lawyer will assist you in formulating your damages with the use of a variety of methods This includes hiring experts in reconstruction of accidents who examine photos of the scene, police reports, witness testimony and other evidence to reconstruct how the accident occurred Your lawyer will also support your claim with expert opinions detailing the economic and non-economic consequences of your injuries These will include estimates of future healthcare and support costs, wage projections, and other financial considerations They are required in order to ensure that you're fully compensated for losses you have incurred and will experience in the future Comparative Fault A system known as comparative fault, also referred to as contributory negligence determines the amount of fault an injured party can be accountable for in a car accident It's a key issue in a variety of cases and something your lawyer may need to prove Most states have a form of comparative fault rule that allows victims to be compensated regardless of their share of the blame is for an accident However, the amount they receive in settlement will be reduced by the degree of fault If, for instance, a jury awards 100,000 for your injuries, but decides that you are 40 responsible, you will only receive 60,000 However, the law is more complex than that since there are two distinct types of modified comparative fault rules The second is known as the 50 bar rule, which prevents the victim from receiving damages if they are more than 50 at the fault Colorado and Utah are two states that follow this rule The other type is pure comparative fault https//vimeocom/706824794 allows victims to recover damages even if they are found to be 99 percent at fault Statute of limitations In most instances, an individual who has been injured in a car accident can make a claim These lawsuits must, however be filed within the timeframe of limitations or else the claim of the victim is forever barred The statute of limitation has nothing to do whether or whether an insurance company representing the defendant will settle the case It is all about the first incident that led to the case, whether it was an incident or accident that caused the injury Therefore, calculating exactly when the clock starts to run is crucial in the proper application of this important legal requirement In New York, people who are injured in car crashes generally have three years to file personal injury lawsuits In some cases this time frame can be reduced In cases where a child is involved, as in, the statute is paused until the child becomes liberated, which is accomplished by marrying or reaching the age of 18 usually two years after the accident There are other exceptions, and a knowledgeable attorney can offer advice on the particulars Representation We have a wealth of experience in advising and representing public agencies and utilities in matters relating to motor vehicle litigation Our clients include local and county governments, state and federal agencies that regulate fixed public utilities, such as electricity, water and sewer services We also represent transportation entities including taxicabs, trucking and limousine companies, before the Public Utilities Commission in cases which involve fees, rates and service We can assist you in determining the parties accountable for the cause of a motor vehicle crash and help you pursue compensation Our firm also assists victims of car accidents and tractor-trailer crashes, as well as the wrongful deaths Our practice in commercial motor vehicles advises manufacturers, national leasing companies, and national logistics companies on product liability and automobile accident claims We manage pre-suit assessment and actively manage the discovery process We also employ trial-ready expertise to achieve the best possible client outcome which could be a summary resolution or a favorable final verdict Our team advises franchised motor vehicles motorbikes, truck dealers and motorcycles on issues relating to factory-dealer relationships and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations