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Motor Vehicle Litigation In most motor vehicle crash lawsuits, the plaintiff's damages are lowered by their percentage of fault. This is determined by the jury based on evidence presented to them. In order to be held liable for personal injuries, the defendant has to have been negligent during the incident. Liability is determined by the amount of negligence that contributed to the accident. Liability The goal of a motor vehicle accident claim is to seek compensation from the other party in exchange for injuries and losses that were caused through their negligence. Unless the victim is in one of the few states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit must prove that the defendant's negligent actions or failure to act resulted in a collision and corresponding bodily injury. An experienced lawyer can help you determine whether the driver who caused the accident or another defendant is responsible for your losses. The majority of auto-related cases rely on the plaintiff's ability to prove the defendant's guilt using tort liability principles. This includes a defendant's duty to the victim, the defendant's failure to fulfill this duty, actual and direct causation and injuries. A knowledgeable lawyer can assist in analyzing liability in situations in which the insured driver or the owner of the vehicle are involved in a lawsuit. The majority of automobile insurance policies include an affirmative provision of coverage to anyone operating the vehicle with the owner's permission with certain limitations. This analysis includes a review of CPLR SS 1602. Damages A successful motor vehicle suit must establish the amount of damages suffered by the plaintiff. This is typically accomplished by providing detailed documentation of the out-of-pocket expenses that were incurred and also future losses that are likely to arise due to the injuries suffered. These are referred to as economic and non-economic damages. The first is for things like medical expenses and lost income, while the latter compensates for intangibles such 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 assist in calculating your damages through the use of a range of techniques. motor vehicle accident attorney riverside includes hiring accident reconstruction experts who will analyze photographs of the scene, police reports, witness testimony and other evidence to determine 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 costs for future care and assistance along with wage projections and other financial factors. They are required to ensure you are fully compensated for the loss that you have suffered and suffer in the future. Comparative Fault In a car accident, the system known as comparative fault (or contributory negligence) determines the amount of fault an injured person is responsible for. It's a crucial issue in a number of cases, and one that your attorney could need to prove. Most states have some form of a comparative fault law that allows victims to receive compensation even if a portion of the blame lies with an accident. The amount of the settlement will be based on their level of fault. If, for example an award of $100,000 is made by a jury for your injuries, but decides that you're 40 percent at fault, you'll only receive $60,000. But the law is more complex than that, because there are two distinct types of modified comparative fault rules. The second is known as the 50 bar rule, which blocks an injured party from claiming damages in cases where they are more than 50 percent at the fault. This is the practice of a few states, including Colorado and Utah. The other variant is called pure comparative fault, which permits victims to claim damages even if found to be 99 percent at fault. Statute of Limitations In the majority of situations, a person is injured in a car accident is entitled to file a lawsuit against the person responsible for the crash. However the lawsuits must be filed within a certain timeframe known as the statute of limitations, or the victim's legal claim will be barred and forfeited for life. The statute of limitations does not have anything to have anything to do with whether the insurance company of the defendant will settle it, and has everything to do with the triggering event that initiated the case-the incident or accident that caused the injury. Therefore, calculating exactly when the clock will begin to tick is essential for making sure that you are in compliance with this crucial legal requirement. In New York, people who are injured in car accidents generally have three years to bring personal injury lawsuits. This time frame may be cut down in some circumstances, however. If a child is involved, such as, the statute is paused until that child is legally emancipated. This can be achieved by marrying or reaching the age of 18 usually two years after the incident. There are exceptions to this and experienced attorneys can provide advice on the specifics. Representation We have a wealth of experience representing public utilities and public entities in matters related to motor vehicle litigation. Our clients include local, county, state and federal entities regulating fixed public utilities like electric, gas and water/sewer services. We also represent transportation businesses like taxicabs trucking and limousine companies, before the Public Utilities Commission in cases concerning rates, fees, and service. In a motor vehicle accident situation, we can determine the responsible parties and support you in pursuing compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, as well as cases of wrongful deaths. Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, as well as national logistics companies about car accidents and product liability claims. We manage pre-suit assessments and assist in the discovery process. We also employ trial-ready expertise to achieve the best possible client outcome which could be a summary decision or a favorable decision. Our team regularly advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, as well as relocations.