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Motor Vehicle LitigationIn the majority of motor vehicle collision cases, the plaintiff's are reduced by the percentage of fault. This is decided by the jury based on evidence presented to them.To be liable for an injury the defendant must have been negligent at the time of the incident. The degree of liability is determined by the extent to which negligence caused the accident.LiabilityThe purpose of a motor vehicle accident claim is to collect damages for the injuries and losses resulting from the negligence of a third party. Unless the victim is in one of the states that operate under a no-fault insurance system and a trucking accident lawsuit requires that the defendant's negligent actions or inaction resulted in a collision, and injuries to the body.An experienced lawyer can help you determine whether the driver who caused the accident or any other defendant is accountable for your losses. Most auto accident cases turn on a plaintiff's capacity to establish the liability of their defendant based on the principles of tort liability that include a defendant's responsibility to the plaintiff, the defendant's violation of this duty, causality that is actual and proximate, and injuries.A skilled lawyer can assist in determining liability in situations where the insured driver or owner of the vehicle may be involved in an action. The majority of automobile insurance policies include an affirmative grant of coverage to anyone operating the vehicle under the owner's permission subject to certain exclusions. This analysis consists of a thorough review of CPLR SS 1602.motor vehicle accident attorneys decatur will prove the damages suffered by plaintiff. This is usually done by providing detailed evidence of the expenses and future loss that will be expected due to the injuries suffered. These are referred to as economic and noneconomic damages.The former covers things like medical expenses and lost income while the latter is compensation for things that are more intangible like suffering and pain. It can be difficult to assign a precise value to non-economic losses such as mental anguish and loss of enjoyment life.Your lawyer will assist you calculate your damages using a variety of methods. This could include hiring accident reconstruction specialists who will look over police reports, photos and witnesses' statements, and other evidence in order to reconstruct the crash.Your lawyer will also help your claim by seeking expert opinions on the economic and noneconomic effects of your injuries. These will include estimates of future care and support costs, wage projections and other financial aspects. This is necessary to ensure that you are fully compensated for the losses that you have suffered and encounter in the near future.Comparative FaultIn a car accident, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. In many instances, it's a crucial issue that your lawyer must prove.Many states have a type of a comparative fault law that allows victims to receive compensation regardless of whether their part of blame is an accident. The amount of the settlement will be based on the degree of fault. For example, if a jury will award you $100,000 for injuries, but concludes that you're 40% at fault, you will only get $60,000.There are actually two different kinds of modified comparative fault rules. The first is the 50 bar rule. This prevents an injured person from receiving compensation if they're responsible for more than 50%. It is followed by a few states, including Colorado and Utah. The other type, known as pure comparative negligence, permits victims to seek damages if they're found to be 99 per cent at fault.Statute of limitationsIn most situations, a person is injured in a car crash is legally entitled to file a lawsuit against the person responsible for the accident. However, these lawsuits must be filed within the prescribed time of limitations, or else the victim's claim will be barred forever.The statute of limitations has nothing to do with whether or not the insurer of the defendant will settle or not, and it is all about the triggering event that initiated the case-the accident or incident that caused the injury. Therefore, calculating exactly when the clock will begin to tick is vital for the proper application of this important legal rule.In New York, people who are injured in car accidents generally have three years to make personal injury lawsuits. The timeframe may be reduced in certain situations, however. For instance, in situations where minors are involved the time limit for a lawsuit is suspended until the child is emancipated by getting married or turning 18 which is usually two years following the accident. There are other circumstances, and a seasoned attorney can give advice on the particulars.RepresentationWe have extensive experience in representing and advising public entities and utilities in matters relating to motor vehicle litigation. Our clients include local county, state, and federal entities regulating fixed public utilities, such as electric, water and gas services. We represent transportation companies, such as limousines and taxicabs before Public Utilities Commission on issues involving rates, service and charges.We can help you determine the parties responsible for a motor vehicle accident and help you pursue compensation. Our firm assists victims of tractor-trailer collisions and car accidents, including the cases of wrongful death.Our commercial motor vehicle practice offers advice to national leasing companies, and national logistics companies on product liability and claims arising from accidents in the automobile. We handle pre-suit evaluations, proactively manage discovery and apply trial-ready techniques to ensure the best possible outcome for our clients, whether through an informal disposition or a favorable decision. Our team regularly advises franchised motor vehicle, motorcycle, and truck dealers on factory-dealer issues and represent them in New Motor Vehicle Board protests involving dealership terminations, add points warranties and incentive audits, and relocations.