Motor Vehicle Litigation In the majority of motor vehicle collision cases, the plaintiff's amount is reduced by their percentage of fault This is decided by the jury based on evidence presented to them To be held accountable for an injury the defendant must be negligent at the time of the incident The amount of liability is determined by the degree to which the negligence caused the accident Liability The aim of a motor vehicle accident claim is to recover damages from the other party in exchange for losses and injuries caused through their negligence Unless the victim is in one of the states that operate under a no-fault insurance program, an automobile or trucking accident lawsuit will require showing that the negligent act of a defendant or failure to act resulted in a collision, and the resulting bodily injury An experienced attorney can help you determine whether the driver who caused the accident or other defendant is liable for your losses The majority of auto accident cases hinge on a plaintiff's ability to establish the liability of their defendant based on the traditional tort liability rules which include a defendant's obligation to the plaintiff, the defendant's breach of this duty, actual and proximate causation, and injuries Additionally, a skilled lawyer can assist in determining the extent of liability in cases where the insured driver or owner of the vehicle may be the subject of a lawsuit, too The majority of insurance policies for automobiles include an affirmative protection to anyone operating the vehicle with owner's permission but subject to certain restrictions This usually includes a look at CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages suffered by the plaintiff This is typically accomplished by providing comprehensive evidence of the expenses and the future loss expected as a result of the injuries suffered These are called economic and non-economic damages The former covers things such as medical bills and lost income while the latter is a way to compensate for more intangible things like pain and suffering It is difficult to quantify an amount in dollars for non-economic damages like mental distress and loss of enjoyment Your attorney will help you determine the amount of damages by using a variety methods This could include hiring accident reconstruction specialists who will analyze photos, police reports and witnesses' statements, and other evidence to reconstruct the crash Your lawyer will also support your claim with expert opinions outlining the economic and non-economic consequences of your injuries This includes estimates of future medical and support costs, wage projections and other financial aspects This is necessary to ensure you are fully compensated for any losses that you have suffered and suffer in the future Comparative Fault A system known as comparative fault - or contributory negligence, determines the extent to which an injured person can be accountable for in a car accident In many cases, it's an important issue that your lawyer will need to prove Most states have a form of a comparative fault system that allows victims to be compensated even if their share of the blame lies with an accident The amount of compensation will be determined by the level of fault For example, if a jury awards you 100,000 for your injuries, but determines that you're 40 at fault, you will receive only 60,000 But https//vimeocom/706761470 is more complicated than that since there are two distinct kinds of modified rules of comparative fault The first is the 50 bar rule This prevents an injured person from receiving compensation if they are at fault for more than 50 This is the practice of a few states, including Colorado and Utah Another variant, referred to as pure comparative negligence, allows victims to recover damages if they're found to be 99 per cent responsible Statute of Limitations In most cases, a person who is injured in a car crash is legally entitled to file a lawsuit against the person responsible for the accident These lawsuits must, however be filed within the statute of limitations or else the claim of the victim will be forever barred The statute of limitations does not have anything to be concerned with whether or not the insurer of the defendant will settle or not, and everything to do with the initial triggering event in the case - the incident or accident that caused the injury So, knowing exactly when the clock will begin to tick is vital for the proper application of this important legal rule In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits This time frame can be reduced in certain circumstances, but For instance, in cases where minors are involved the time limit for a lawsuit is suspended until the child is free by marrying or turning 18 which typically takes two years following the accident There are exceptions to this and experienced attorneys can provide advice on the specifics Representation We have extensive experience advising and representing public utilities and public entities on matters relating to motor vehicle litigation Our clients include local county, state, and federal entities regulating fixed public utilities like gas, electric and water/sewer services We represent transportation companies like limousines and taxicabs before the Public Utilities Commission on issues concerning rates, service and fees In a motor vehicle accident instance, we are able to identify the responsible parties and assist you in your pursuit of compensation Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, and national logistics companies on the liability of their products and automobile accidents claims We handle pre-suit evaluations, proactively manage discovery and utilize trial-ready expertise to ensure an optimal outcome for the client whether that is through a an informal disposition or a favorable final decision Our team assists franchised motor vehicles, motorcycles and truck dealers on issues that concern factory-dealer relationships We also represent them in New Motor Vehicle Board protests regarding terminations of dealerships and audits of warranty and incentive programs and relocations