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How to Build a Motor Vehicle CaseIn the majority of motor vehicle accidents, you are entitled to the New York State minimum of $25,000/$50,000 in damages for your injuries or property damage. However, the situation becomes more complicated when you seek to sue entities other than the owner or driver of the vehicle.For instance, under New York's pure fault rule of comparative negligence, you could potentially recover from multiple at-fault parties. The question is whether those other parties are rental car companies or leasing entities.Identifying the At-Fault PartyThe first step in determining the party at fault in a motor vehicle accident is to review evidence from the scene of the crash. A police officer who is investigating the accident will interview all drivers, passengers and witnesses to obtain an in-depth account. These details are used to make a police report and will help to determine who was at fault.It is also important to check any damages to the vehicles involved. If you were rear-ended, the damage done to the rear bumper of the vehicle will tell you who was responsible.In New York, which is an insurance state that is no-fault, the at-fault party will typically reimburse you for your medical expenses and lost income in the amount of their policy limits. If you suffer an injury that is deemed by the state as severe, such as loss of limbs or a significant impairment to your body, disfigurement, or death in the event of death, you could be able to recover more comprehensive damages by filing a lawsuit against the at fault party.In order to successfully litigate automobile accidents in New York, it is essential to have a thorough knowledge of the state's laws and statutes. For example in CPLR SS388, the state places vicarious liability on vehicle owners for the negligence of drivers who operate their vehicles under their own authority. This is a rebuttable assumption, and the evidence of both sides will be examined to determine whether the owner was granted the driver's explicit or implicit consent at the time that the accident occurred.Collecting EvidenceIn any legal proceeding there is evidence that is the most important thing. It includes witness testimony, photographs physical evidence, and documentation. The more evidence that you have, the greater your chances of winning. Car accident cases are no exception. It is crucial to gather the proper evidence to prove your case. This starts by collecting the details as soon as you can after the accident.If you are able to, take pictures of the scene as quickly as you can. Include any vehicle damage debris, skidmarks and skid marks. Note the date, time and the location of the accident. This information is important should you need to access traffic or security camera footage to aid in your case.Depositions and interrogatories are another method to gather evidence. Interrogatories are written questions to which the other party has to answer under oath within a certain time frame. A deposition is a testimony made outside of court and is typically recorded and transcribable. Depositions can provide crucial information about the accident and the other parties involved.motor vehicle accident attorneys passaic is also important to speak to anyone who witnessed the incident, particularly when they are willing to give a statement. Sometimes, impartial witnesses can be more persuasive than those with a financial interest in the outcome of the case. This is particularly true for collisions that result in a hit-and-run, and where the driver who was hit may not be found immediately.How to obtain witness testimoniesIf witnesses were present at the scene of a crash, they will likely be willing to give testimony for your case. Sometimes, witnesses won't give their testimony. In these cases your attorney might have to resort to obtaining the subpoena to legally request their testimony.In the case of car accidents Expert witnesses are often called to testify in variety of ways. They include experts in accident reconstruction and medical professionals. Experts in accident reconstruction have years of experience and knowledge gained through education that permit them to analyse evidence and provide opinions regarding the cause of your crash. Medical professionals have specialized knowledge of the human body and injuries. A physician or radiologist for instance, could be able to testify about the severity and nature of your injuries. They can also provide a CT scan or MRI results.Vocational experts are yet another important type of expert. They can provide valuable insights into how your injuries affected your life and career. They could, for instance explain how your injuries caused you to be unable to perform certain tasks at work. It can also help a juror understand the full impact on your losses.Expert Witness TestimonyExpert witness testimony is often the key to the success of a case. When we think of experts, we think of long, TV-like court battles with flamboyant experts who provide final-minute details that make the difference between victory or defeat. While it is true that experts can be the difference in a case, their testimony must be founded on specific scientific data and analysis and include an exhaustive review of the case.In accordance with the type of accident you were involved in, there are different types of experts that can assist. In cases involving car accidents, for example, an expert witness with a focus in accidents can utilize their experience and experience to provide insight into the incident and the causes. Experts are also able to explain technical aspects of the automobile which are otherwise difficult for a juror to comprehend.Experts can also testify in personal injury cases regarding the severity of your injuries and how they'll affect you going forward. For example an economist can prepare an analysis of the financial losses that you will suffer as a result of the accident, including future loss of income and household out-of-pocket expenses.Generally speaking, expert witness testimony is only admissible when it adds significant value to your case. Therefore, it is important to collaborate closely with your lawyer to choose the appropriate expert for your particular case.