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Motor Vehicle Litigation In the majority of motor vehicle crash cases, the plaintiff's damages award is lowered by their percentage of fault. The jury will decide this based on the evidence presented to them. To be liable for an injury the defendant must be negligent at the time of the incident. The degree of liability is determined by amount of negligence that contributed to the accident. Liability The purpose of a vehicle accident claim is to seek damages for injuries and losses caused by the negligence of a third party. A lawsuit for an auto or trucking crash requires that the victim of the accident prove that the defendant's negligent acts or inactions resulted in a collision and the resulting bodily injury. An experienced attorney can help you determine whether the person at fault or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability to prove the defendant's fault based on tort liability principles. This includes a defendant’s obligation to the victim, defendant's violation of this duty direct and real causation and injuries. A knowledgeable lawyer can help analyze liability in situations where the insured driver or the owner of the vehicle is a party in a lawsuit. Most automobile insurance policies grant coverage to any person who drives the vehicle under the authority of the owner, subject to certain exceptions. This usually includes a look at CPLR SS 1602. Damages A successful motor vehicle lawsuit has to establish the amount of damages suffered by the plaintiff. This is typically done by providing detailed documentation of expenses out of pocket and also the potential for future losses to arise as a result of the injuries suffered. These are known as economic and noneconomic damages. The former is used to cover things like medical expenses and lost income as well as compensation for intangibles such as pain and suffering. Oftentimes, it can be difficult to determine a specific amount to non-economic damages like mental distress and the loss of enjoyment life. Your attorney will help to determine your damages through a variety of ways. This includes retaining experts in accident reconstruction who will review photographs of the scene police reports, witness testimony and other evidence to reconstruct how the crash occurred. Your attorney will also be able to support your claim by seeking expert opinions on the economic and noneconomic impacts of your injuries. These will include estimates of future healthcare and support costs, wage projections and other financial considerations. This is necessary to ensure that you're fully compensated for any losses you've incurred and experience in the future. Comparative Fault A system referred to as comparative fault – also known as contributory negligence determines how much fault an injured person is accountable for in a car accident. It's an important issue in a lot of cases and something that your attorney might be required to prove. Most states implement some version of a a comparative blame rule, which permits victims to pursue compensation even if they have a share of the blame in an accident. The amount of the settlement will be based on the degree of fault. If, for instance, the jury awards $100,000 for your injuries, but determines that you're 40 percent at fault, you'll only receive $60,000. There are actually two different kinds of modified comparative fault rules. The one is known as the 50% bar rule, which prohibits an injured party from receiving damages if they are more than 50 percent at the fault. This is the practice of some states, including Colorado and Utah. The other variant is called pure comparative fault, which permits victims to claim damages even if found to be 99 percent at fault. Statute of Limitations In the majority of cases, a person is injured in a car crash is legally entitled to file a lawsuit against the person who caused the accident. These lawsuits must, however, be filed within the timeframe of limitations, or else the victim's claim will be forever barred. The statute of limitations does not have anything to have anything to do with whether the insurer of the defendant will settle or not, and everything to do with the triggering event that initiated the case-the accident or incident that led to the injury. Calculating the exact time that the clock begins to tick is vital for complying with this important rule. In New York, people who are injured in car accidents generally have three years to file personal injury lawsuits. This time frame may be cut down in certain situations, however. For instance, in situations where minors are involved, the limitation period is paused until the child becomes fully emancipated through marriage or turning 18 which typically takes two years following the accident. There are other exceptions and experienced lawyers can advise on the specifics. Representation We have significant experience consulting and representing public entities as well as utilities on issues related to motor vehicle litigation. Our clients include local, county, state and federal entities that regulate fixed public utilities like electric, gas, and water/sewer services. We represent transportation companies like taxicabs and limousines before the Public Utilities Commission on issues regarding rates, services and fees. In a motor vehicle collision case, we can help identify the responsible parties and support you in your quest for compensation. Our firm also assists victims of tractor-trailer truck accidents and car accidents, including wrongful death cases. Our practice in commercial motor vehicles assists manufacturers, national leasing companies, and national logistics companies on the subject of product liability and auto accident claims. We handle pre-suit assessments, proactively manage discovery and apply trial-ready skills for the best possible outcome for our clients whether that is through a summary disposition or a favorable final verdict. motor vehicle accident law firm santa clarita franchised motor vehicles, motorcycles and truck dealers regarding issues pertaining to factory-dealer relations and represents them at New Motor Vehicle Board protests concerning dealership terminations and audits of incentive and warranty programs and relocations.