In most motor vehicle case vehicle accident cases, the plaintiff's are reduced by the percentage of the fault. The jury decides this based on the evidence presented to them.
To be held responsible for personal injury the defendant must be negligent during the incident. Liability is determined by the extent to which negligence caused the accident.
Liability
The goal of a motor vehicle accident claim is to recover damages for the damages and injuries caused by another party's negligence. Unless the injured person lives in one of the states that operate under a no-fault insurance program the filing of an auto or trucking accident lawsuit will require showing that the negligence of a defendant or failure to act resulted in a collision, and corresponding bodily injury.
An experienced attorney can help you determine whether the person at fault or another defendant is responsible for your losses. Most auto accident cases hinge on the plaintiff's ability to prove the defendant's negligence in accordance with tort liability principles. This includes a defendant’s duty to the victim, the defendant’s infraction of this duty, direct and actual causation, and injuries.
A experienced lawyer can assist with determining liability in situations where the insured driver or owner of the vehicle may be the subject of a lawsuit as well. Most automobile insurance policies grant coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602.
Damages
A successful motor vehicle lawsuit will prove the damages sustained by plaintiff. This is usually done by providing detailed documentation of the out-of-pocket expenses that were incurred as well as future losses that are likely to arise due to the injuries that were sustained. These are referred to as economic and non-economic damages.
The former covers things such as medical expenses and lost earnings, while the latter is compensation for things that are more intangible like pain and suffering. It can be difficult to quantify an amount of money on non-economic damages, such as mental suffering and loss of enjoyment in life.
Your lawyer will assist you in formulating your damages with the use of a variety. This includes retaining accident reconstruction experts who will look at photographs of the scene, police reports, witness testimony, and other evidence to reconstruct the way in which the accident took place.
Your lawyer will also strengthen your case with expert opinions detailing the economic and other impacts of your injuries. These will include estimates of costs for future care and assistance, wage projections and other financial aspects. This is necessary to ensure that you're fully compensated for losses you've incurred and suffer in the future.
Comparative Fault
In the event of a car crash, a system called comparative fault (or contributory negligence) determines the degree of fault the injured party is accountable for. In many instances, it's a crucial issue that your attorney must prove.
Most states adopt some kind of a comparative fault rule that allows victims to pursue compensation even if they are a part of the blame for an accident. The amount of compensation will be based on the level of responsibility. For example the case where a judge gives you $100,000 for your injuries, but determines that you're 40% at fault, you will only receive $60,000.
However, the law is much more complicated than that since there are two distinct kinds of modified comparative fault rules. The second is known as the 50 bar rule, motor vehicle lawsuit which prohibits the victim from claiming damages when they are more 50% at the fault. Colorado and Utah are two states that adhere to this rule. The other type is pure comparative fault, which allows victims to seek damages even if they are found to be at fault.
Statute of limitations
In the majority of instances, the person who was injured involved in a car accident may make a claim. However the lawsuits must be filed within a specific time frame, known as the statute of limitations or the claim of the victim will be forfeited and barred for life.
The statute of limitations does not have anything to determine whether or not the insurance company of the defendant will settle or not, and everything to do with the trigger event that started the case-the accident or incident that led to the injury. The exact time at which the clock begins to tick is vital for respecting this important rule.
In New York, those injured in car accidents have up-to three years to start a personal injury lawsuit. In some cases the timeframe can be shortened. For instance, in situations where minors are involved, the time limit for a lawsuit is suspended until the child becomes legally emancipated after marriage or turning 18 which is usually two years after the date of the accident. There are other exceptions, and a skilled attorney can provide advice on the particulars.
Representation
We have a wealth of experience in consulting and representing public entities and utilities in relation to motor vehicle compensation vehicle litigation. Our clients include local and county governments, state and federal agencies that oversee 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 regarding rates, services and fees.
In a motor vehicle lawsuit vehicle crash case, we will help identify the parties responsible and assist you in the pursuit of compensation. Our firm also assists victims of car accidents as well as tractor-trailer crashes, as well as death by negligence.
Our commercial motor vehicle practice provides guidance to manufacturers, national leasing companies, as well as national logistics firms on product liability and automobile accidents claims. We handle pre-suit evaluations and proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients, whether through summary disposition or a favorable final decision. Our team of lawyers advises franchised motor vehicles as well as truck dealers on issues relating to factory-dealer relationships and represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs, as well as relocations.
