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How to Build a Motor Vehicle CaseIn the majority of motor vehicle lawsuits, you can seek the New York State minimum of $25,000/$50,000 in damages for your injuries or property damage. However, the situation becomes more complex when you sue entities other than the driver or owner of the vehicle.In New York, for example there is a possibility of recovering from multiple parties liable under the pure comparative negligence rule. The issue is if those other parties are rental car companies or leasing entities.Identifying the party at faultReviewing evidence at the accident scene is the first step to finding out who was responsible. A police officer who is investigating the incident will question all the passengers, drivers and witnesses to get the full story. These facts will be the basis for a police report and help to determine who was negligent and who was at fault, which is an important element in determining fault.It is also helpful to check any damages to the vehicles involved. For example in the event that you were rear-ended by another driver, the rear vehicle's rear bumper damage is likely to reveal a story that is clearly defined as to who was responsible for the collision.In New York, a state with no-fault insurances, the person at fault is liable to pay for medical expenses and lost wages up to the policy limits. If you are injured in a way the state defines as severe such as the loss of an individual body part, serious impairment, disfigurement, or death that is, then you might be able to recover greater damages through filing a lawsuit.Car accidents that happen within New York requires a thorough knowledge of the law of the state and other statutes, such as CPLR SS 388, which creates vicarious responsibility for owners of vehicles for the carelessness of drivers who operate their vehicles without their permission. This is a rebuttable assumption and the evidence of both sides will be analyzed to determine whether the owner had the driver's explicit or implicit consent when the incident occurred.Collecting evidenceIn any lawsuit in any lawsuit, evidence is everything. This includes testimony of witnesses, as well as photographs, physical objects and documents. The more evidence you have the better your chances are of winning. Car accident cases are no exception. Building a strong case for compensation is all about having the right evidence, and that starts by obtaining the correct information right after the accident.If you are able capture photos of the scene as soon as you can. Include any damage to the vehicle or skidmarks as well as any debris. Note the date, time and location of the crash. It's crucial to keep this information in case you need access to traffic or security camera footage to help in your case.Another way to gather evidence is through the use of interrogatories and depositions. Interrogatories comprise written questions which the other party is required to answer under oath within an agreed upon time frame. A deposition is a testimonies given outside of court that's usually recorded and transcribed. Depositions can reveal vital details about the accident as well as the other parties.It's also important to speak with anyone who was present at the crash, especially when they are willing to make statements. In most cases, neutral witnesses are more convincing than those with an economic stake in the outcome of the case. This is especially true for collisions that result in a hit-and-run, and where the driver who was hit may not be caught right away.Inquiring about the testimony of witnessesIf witnesses were present at the scene of the accident, they'll likely be willing to testify in your case. However, there are instances witnesses refuse to testify. In these situations your attorney might have to resort to obtaining the subpoena to legally demand their testimony.In the case of car accidents Expert witnesses are often called on to testify in a variety of ways. They include experts in reconstruction and medical professionals. Experts in accident reconstruction have years of working experience and educational background that permit them to analyse evidence and give opinions regarding the cause of your crash. Medical professionals have specialized knowledge of the human body as well as injuries. A doctor or radiologist, for example, can verify the severity and nature of your injuries. They can also provide CT scan or MRI results.Vocational experts are yet another important kind of expert. They can provide valuable insight into how your injuries have affected your life and work. They can, for example explain how your injuries hindered you from performing certain tasks at work. It can also help a juror understand the full extent of your losses.Expert Witness TestimonyExpert witness testimony is often the key to the success of a case. When we think of experts, we picture long, TV-like trials involving celebrities giving last-minute information that can mean the difference between victory and defeat. Although experts are true that expert witnesses can make or break an argument, their evidence must be backed by specific scientific evidence and analysis as along with a thorough review.Based on the type of accident you were involved in, there are different types of experts who can help. In car accident cases, for example, an expert witness who has a specialization in accidents can use his or her experience and knowledge to provide an insights into the accident and its causes. Experts can also explain automotive technical details that can be difficult for a juror to comprehend.In motor vehicle accident attorneys durham , experts can be able to testify regarding the severity of your injuries and how they impact your future. An economist, for example can write a report that details the financial losses you will be able to incur as a result of. This includes future income loss as well as household expenses out of pocket.Generally, expert witness testimony is only admissible if it adds significant value to your case. It is therefore important to work closely with your lawyer in order to choose the best expert for your case.