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Motor Vehicle LitigationIn the majority of motor vehicle crash cases, the plaintiff's damages are reduced by the percentage of the fault. The jury will decide this on the basis of the evidence they receive.In order to be held liable for personal injuries the defendant must be negligent during the incident. The degree of liability is determined by the degree to which negligence caused the accident.LiabilityThe aim of a motor accident claim is to obtain compensation from the other party for injuries and losses caused through their negligence. Unless the injured victim lives in one of the states that operate under a no-fault insurance system the filing of an auto or trucking accident lawsuit requires that the negligent act of a defendant or failure to act resulted in a collision and an injury to the body.An experienced lawyer can help you determine if the at-fault driver or another defendant is responsible for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's responsibility by relying on tort liability rules. This includes a defendant’s duty to the victim, the defendant's infraction of this duty, actual and direct causation and injuries.Additionally, a knowledgeable lawyer can assist you in determining liability in situations where the insured driver or the owner of the vehicle may be involved in a lawsuit as well. The majority of insurance policies for automobiles include an affirmative grant of protection to anyone operating the vehicle under the owner's permission but subject to certain restrictions. This analysis will include a review of CPLR SS 1602.DamagesA successful motor vehicle lawsuit needs to prove the damages suffered by the plaintiff. This is typically done by providing thorough information on the expenses out of pocket which are incurred, and also the loss that is anticipated due to the injuries suffered. These are referred to as economic and noneconomic damages.The former is for things like medical expenses and lost income as well as compensation for intangibles, such as pain and suffering. It can be difficult to determine a dollar amount on non-economic damages like mental distress and loss of enjoyment.Your attorney will help to determine your damages using a variety of methods. motor vehicle accident lawsuit washington includes hiring experts in reconstruction of accidents who analyze images of the scene, police reports, witness testimony and other evidence to understand how the accident occurred.Your lawyer will also aid your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. This will include estimates of future healthcare and support costs, wage projections, and other financial factors. These are necessary to ensure that you're fully compensated for the loss you've suffered and will be able to recover in the future.Comparative FaultIn the event of a car crash, the concept of comparative fault (or contributory negligence) determines the amount of fault that an injured person is responsible for. It's a key issue in a lot of cases and one that your attorney could need to prove.Most states implement some version of a a comparative blame rule, which allows victims to seek compensation even if they are a part of the blame for an accident. However, the amount of their settlement will be reduced according to their level of blame. So, for example If a jury gives you $100,000 for your injuries, but finds that you're 40 percent in the wrong, you'd only receive $60,000.However, the law is more complicated than that, as there are two distinct types of modified rules of comparative fault. The one is known as the 50% bar rule, which prevents the victim from receiving damages when they are more than 50 percent at the fault. Colorado and Utah are two states that adhere to this rule. Another variant, referred to as pure comparative negligence, allows victims to claim damages if they're found to be 99 percent at fault.Statute of LimitationsIn most cases, a person is injured in a car crash is eligible to file a claim against the party responsible for the accident. However they must be filed within the time period, referred to as the statute of limitations, or the claim of the victim will be forfeited and barred forever.The statute of limitations does not have anything to determine whether or not the insurer of the defendant will settle, and it is all about the initial triggering event in the case-the incident or accident that led to the injury. So, knowing exactly when the clock starts to tick is crucial for the proper application of this important legal requirement.In New York, people who suffer injuries in car crashes generally have three years to bring personal injury lawsuits. In some instances this time frame can be reduced. For instance, in cases where a minor is involved the statute of limitations is suspended until the child becomes fully emancipated through marriage or reaching age 18, which is usually two years following the accident. There are other exceptions and experienced lawyers can assist with the specifics.RepresentationWe have extensive experience advising and representing public agencies and utilities on matters related to motor vehicle litigation. Our clients include local and county governments, as well as state and federal agencies that regulate fixed public utilities like electricity, water and sewer services. We also represent transportation companies like taxicabs trucking companies and limousines, before the Public Utilities Commission in cases which involve fees, rates and service.In a motor vehicle collision case, we can help identify the parties responsible and assist you in pursuing compensation. Our firm also assists victims of car accidents and tractor-trailer crashes, including fatalities caused by negligence.Our practice in commercial motor vehicles provides guidance to manufacturers, national leasing companies, and national logistics firms on product liability and automobile accidents claims. We handle pre-suit assessments and assist in the discovery process. We also use trial-ready expertise to achieve the best possible client outcome which could be a summary resolution or a favorable final decision. Our team advises franchised motor vehicles motorbikes, truck dealers and motorcycles on issues related to dealer-factory relationships and also represents them in New Motor Vehicle Board protests concerning dealership terminations and audits of warranty and incentive programs and relocations.