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Motor Vehicle Litigation In the majority of motor vehicle collision lawsuits, the plaintiff's damages are diminished by their percentage of fault. The jury will make this decision on the basis of the evidence presented to them. To be liable for a personal injury, the defendant must have been negligent at the time of the incident. The amount of liability is determined by the degree to which the negligence contributed to the accident. Liability The objective of a motor crash claim is to collect damages from the other party in exchange for injuries and losses that were caused through their negligence. Unless the injured person lives in one of the states that operate under a no-fault system of insurance, an automobile or trucking accident lawsuit must prove that the negligence of a defendant or failure to act caused a collision and the resulting bodily injury. An experienced attorney can assist you in determining if the at-fault driver or other defendant is liable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant’s obligation to the victim, a defendant's breach of this duty, direct and immediate causation as well as injuries. A experienced lawyer can assist with determining the extent of liability in cases where the insured driver or the owner of the vehicle may be involved in a lawsuit, too. Most automobile insurance policies grant coverage to anyone who uses the vehicle with the approval of the owner, with certain exceptions. This analysis includes a review of CPLR SS 1602. Damages A successful motor vehicle lawsuit will prove the damages suffered by the plaintiff. This is usually accomplished by providing detailed documentation on out-of pocket expenses that are incurred, as well as future loss that will be anticipated due to the injuries suffered. These are known as non-economic and economic damages. The former covers things like medical expenses and lost income. The latter covers more intangible issues like suffering and pain. Oftentimes, it can be difficult to assign a precise amount to non-economic damages such as mental anguish and the loss of enjoyment life. Your attorney will assist you in calculating your damages through the use of a variety of methods. This may include retaining accident reconstruction specialists who will analyze photos, police reports witness statements, and other evidence to reconstruct the accident. Your lawyer will also help your claim by soliciting expert opinions which outline the economic and noneconomic effects of your injuries. These will include estimates of future medical and support costs, wage projections, and other financial factors. These are vital to ensure you are fully compensated for any losses you've suffered and continue to suffer in the future. Comparative Fault A system referred to as comparative fault – also known as contributory negligence, determines the amount of fault an injured party can be accountable for in a car accident. In many cases, it's an important issue that your attorney must prove. Most states use some type of a comparative fault rule, which allows victims to seek compensation even if share in the blame for an accident. However, the amount of their settlement will be reduced by the degree of fault. If, for instance, the jury awards $100,000 for your injuries, but decides that you're 40% responsible, you will only receive $60,000. However, the law is much more complicated than that, since there are two distinct forms 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 percent at fault. It is a rule that is followed by certain states, such as Colorado and Utah. motor vehicle accident lawsuit huntsville , known as pure comparative negligence, permits victims to seek damages if they are found to be 99 percent responsible. Statute of limitations In the majority of instances, an individual who has been injured in a car accident can file a lawsuit. These lawsuits must, however be filed within the statute of limitations or else the claim of the victim is forever barred. The statute of limitations has nothing to do with whether or not the defendant's insurance company will settle or not, and it is all about the triggering event that initiated the case – the incident or accident that led to the injury. Thus, knowing precisely when the clock starts to tick is crucial for the proper application of this important legal rule. In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. This time frame can be reduced in certain circumstances, but. In the event that a child is involved, for example the statute is put on hold until the child is legally emancipated. This can be attained by marriage or when they reach the age of 18 usually two years after the incident. There are other circumstances, and a seasoned attorney can give advice on the specifics. Representation We have extensive experience in representing and advising public utilities and public entities on matters relating to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that oversee fixed public utilities, including electricity, water, and sewer services. We represent transportation companies like limousines and taxicabs before Public Utilities Commission on issues involving rates, service and charges. In a motor vehicle crash case, we will help identify the responsible parties and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include the wrongful deaths. Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies regarding the liability of their products and automobile accidents claims. We manage pre-suit assessments and proactively manage discovery. We apply trial-ready skills for an optimal client outcome, whether through an informal resolution or a favorable final decision. Our team regularly counsels franchised motor truck, motorcycle, and vehicle dealers on factory-dealer issues and represents them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranty and incentive audits, and relocations.