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Motor Vehicle Litigation In the majority of motor vehicle crash cases the plaintiffs amount is reduced by their percentage of fault This is determined by the jury on the basis of evidence presented to them To be held accountable for an injury the defendant must have been negligent at the time of the incident Liability is determined by the extent to which negligence caused the accident Liability The goal of a motor crash claim is to recover damages from the party who caused the losses and injuries caused by their negligence Unless the victim is in one of the states that operate under a no fault insurance system for trucking or automobile accidents an accident lawsuit must demonstrate that a defendants careless actions or inaction resulted in a collision and the resulting bodily injury An experienced attorney can help you determine whether the driver who caused the accident or any other defendant is accountable for your losses Most auto accidents cases rely on the plaintiffs ability to establish their defendants liability based on the principles of tort liability that include a defendants responsibility to the plaintiff the breach by the defendant of this duty actual and proximate cause and injuries A competent lawyer can assist in analyzing liability in situations where the insured driver or owner of the vehicle may be the subject of an action The majority of automobile insurance policies include an affirmative insurance to anyone operating the vehicle with the owners permission with certain limitations This may include a review of CPLR SS 1602 Damages A successful motor vehicle lawsuit can establish the damages incurred by the plaintiff This is typically done by providing detailed documentation of expenses out of pocket as well as future losses that are likely to arise as a result of the injuries suffered These are referred to as economic and noneconomic damages The former covers things such as medical bills and lost income The latter is a way to compensate for more intangible issues like pain and suffering It can be difficult to establish an amount in dollars for noneconomic damages like mental distress and loss of enjoyment Your attorney will assist in calculating your damages through the use of a range of techniques This includes hiring experts in the field of accident reconstruction who examine photos of the scene police reports witness testimony and other evidence to determine how the crash occurred Your lawyer will also help your claim by obtaining expert opinions that outline the economic and noneconomic effects of your injuries This will include estimates of future healthcare and support costs wage projections and other financial considerations They are required to ensure you are fully compensated for the loss youve incurred and suffer in the future Comparative Fault A system referred to as comparative fault or contributory negligence determines how much fault an injured person can be held responsible for in a car accident motor vehicle accident attorneys sioux city s a key issue in a lot of cases and one that your attorney could need to prove Most states use some type of a comparative fault rule which permits victims to seek compensation even if have a share of the blame in an accident But the amount of their settlement will be lowered by their level of blame If for example an award of 100000 is made by a jury for your injuries but decides that youre 40 percent responsible you will only receive 60000 However the law is much more complex than that since there are two distinct types of modified rules of comparative fault The one is known as the 50 bar rule which blocks an injured party from receiving damages in cases where they are more than 50 percent at the fault Colorado and Utah are two states that follow this rule The other type is pure comparative fault It allows victims to seek damages even if found to be 99 percent at fault Statute of Limitations In the majority of cases a person who is injured in a car accident is entitled to file a lawsuit against the party who caused the crash These lawsuits must however be filed within the prescribed time of limitations or else the victims claim will be forever barred The statute of limitations has nothing to do with whether or not the insurance company of the defendant will settle and everything to do with the trigger event that started the casethe accident or incident that caused the injury Thus knowing precisely when the clock will begin to tick is vital for ensuring compliance with this important legal requirement In New York people who are injured in car crashes generally have three years to file personal injury lawsuits The timeframe may be reduced in some circumstances however In the event that a child is involved for example the statute is suspended until the child becomes emancipated which can be achieved by marriage or at the age of 18 usually two years after the accident There are other exceptions and a knowledgeable lawyer can advise on the particulars Representation We have extensive experience in consulting and representing public entities and utilities in 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 such as electricity water and sewer services We represent transportation companies such as limousines and taxicabs before Public Utilities Commission on issues that concern rates service and fees In a motor vehicle accident case we will help identify the parties responsible and assist you in your pursuit of compensation Our firm also helps victims of car accidents and tractortrailer crashes including wrongful deaths Our commercial motor vehicle practice provides guidance to manufacturers national leasing companies as well as national logistics companies regarding product liability and automobile accidents claims We handle presuit assessments and proactively manage discovery We apply trialready skills for the best possible outcome for our clients whether through summary decision or a favorable final verdict Our team regularly advises franchised motor vehicle motorcycle and truck dealers on factorydealer concerns and represents them in New Motor Vehicle Board protests involving dealership terminations add points warranty and incentive audits as well as relocations
