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Motor Vehicle Litigation In the majority of motor vehicle accident lawsuits, the plaintiff’s damages are lowered based on their percentage of fault. The jury will make this decision on the basis of the evidence they are presented. To be held liable for injuries the defendant must have been negligent at the time of the incident. Liability is determined based on the amount of negligence that contributed to the incident. Liability The aim of a motor accident claim is to seek damages for injuries and losses caused by another party's negligence. A lawsuit arising out of an auto or trucking crash requires that the injured victim prove that the defendant's negligence or inactions caused a collision and the bodily injury that resulted from it. An experienced attorney can help you determine the fault of the driver or another defendant is responsible for your losses. The majority of auto accidents cases depend on the plaintiff's ability to prove the defendant's guilt by relying on tort liability rules. This includes a defendant's duty to the victim, a defendant's failure to fulfill this duty, direct and real causation and injuries. A skilled lawyer can also assist in analyzing liability in situations where the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies provide coverage to any person who drives the vehicle with the permission of the owner, with certain exceptions. This analysis includes a review of CPLR SS 1602. Damages A successful motor vehicle lawsuit will establish the damages sustained by plaintiff. This is usually accomplished by providing detailed evidence of the expenses incurred, as well as future losses that are anticipated due to the injuries sustained. These are referred to as economic or non-economic damages. The former covers things like medical expenses and lost income, while the latter is a way to compensate for more intangible things like suffering and pain. Sometimes, it is difficult to assign a precise amount to non-economic damages like mental distress and loss of enjoyment of life. Your attorney will help you calculate your damages through a variety of ways. This may include hiring accident reconstruction experts who will analyze photos, police reports witness statements, and other evidence in order to reconstruct the crash. Your lawyer will also strengthen your claim by providing 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 factors. These are vital to ensure you are compensated fully for any losses you have suffered and will continue to experience in the near future. Comparative Fault A system referred to as comparative fault or contributory negligence – determines the amount of fault an injured party can be held responsible for in a car accident. In many cases, it's an important aspect that your lawyer must prove. Most states have a form of comparative fault rule which allows victims to receive compensation even if a portion of blame is an accident. The amount of the settlement will be based on their level of blame. If, for example the jury awards $100,000 for your injuries but finds that you're 40 percent responsible, you will only receive $60,000. There are actually two different types of modified comparative-fault rules. The first is known as the 50% bar rule, which prohibits an injured party from claiming damages if they are more than 50 percent at fault. This is the practice of several states, including Colorado and Utah. motor vehicle accident attorney anaheim , known as pure comparative negligence, allows victims to seek damages in the event that they are found to be 99% responsible. Statute of Limitations In most cases, a person is injured in a car crash is legally entitled to file a lawsuit against the party responsible for the crash. However, these lawsuits must be filed within a specific time period, referred to as the statute of limitations or the victim's legal claim will be forfeited and barred for ever. The statute of limitation does not have anything to do with whether or whether an insurance company for the defendant will settle the case. It's focused on the primary incident that led to the case, or the incident or accident that caused the injury. So, knowing exactly when the clock begins to tick is crucial for ensuring compliance with this important legal requirement. In New York, those injured in car accidents have up to three years to bring a personal injury lawsuit. The timeframe may be reduced in certain situations, however. For example, in cases where minors are involved the statute of limitations is paused until the child becomes emancipated by getting married or turning 18 which is usually two years following the accident. There are other exceptions, and a skilled attorney can offer advice on the particulars. Representation We have extensive experience in consulting and representing public entities and utilities in relation to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, water and gas services. We represent transportation companies such as limousines and taxicabs in the Public Utilities Commission on issues regarding rates, services and fees. In a motor vehicle crash case, we can help identify the responsible parties and support you in your quest for compensation. Our firm assists victims of tractor-trailer truck accidents and car accidents, as well as the cases of wrongful death. Our commercial motor vehicle practice offers advice to manufacturers, national leasing companies, and national logistics companies regarding car accidents and product liability claims. We manage pre-suit assessment and proactively manage discovery. We utilize trial-ready expertise to ensure the best possible outcome for our clients, whether through summary resolution or a favorable final decision. Our team regularly advises franchised motor truck, motorcycle and vehicle dealers on factory-dealer concerns and represent them in New Motor Vehicle Board protests which involve dealership terminations, adding points warranty and incentive audits, and relocations.