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Motor Vehicle Litigation In the majority of motor vehicle collision cases, the plaintiff's award is reduced by their percentage of the fault. The jury will decide this in accordance with the evidence they are presented. To be held liable for a personal injury the defendant must have been negligent in the incident. The amount of liability is determined by the extent to which negligence caused the accident. Liability The purpose of a vehicle accident claim is to collect damages for damage and losses caused by the negligence of a third party. If the injured party is not in one of the few states that operate under a no fault insurance system, an automobile or trucking accident lawsuit must prove that a defendant's careless actions or inaction caused a collision and corresponding bodily injury. An experienced attorney can assist you in determining the fault of the driver or a different defendant is accountable for your losses. The majority of auto accident cases rest on the plaintiff's ability prove the defendant's fault by relying on tort liability rules. This includes a defendant's obligation to the victim, a defendant's breach of this duty, actual and direct causation and injuries. A knowledgeable lawyer can assist you in determining liability in situations where the insured driver or owner of the vehicle could be the subject of an action. 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 usually involves analyzing CPLR SS 1602. Damages A successful motor vehicle lawsuit has to prove the damages suffered by the plaintiff. This is usually done by providing detailed documents on the out-of-pocket expenses incurred, as well as the future loss expected due to the injuries suffered. These are referred to as economic and non-economic damages. The former covers things like medical expenses and lost income as well as compensation for intangibles, such as suffering and pain. It can be difficult to establish the dollar value of non-economic damages like mental suffering and loss of enjoyment. Your attorney will assist in formulating your damages with the use of a range of techniques. This includes retaining experts in reconstruction of accidents who review photographs of the scene, police reports, witness testimony, and other evidence to understand the way in which the accident took place. Your lawyer will also help your claim by soliciting expert opinions which outline the economic and non-economic consequences of your injuries. These will include estimates of the future costs of care and support costs, wage projections, and other financial aspects. These are vital to ensure that you are completely compensated for any losses you have suffered and will continue to experience in the near future. Comparative Fault A system known as comparative fault – also known as contributory negligence determines how much fault an injured person is accountable for in a car accident. This is a major issue in many cases and something that your attorney might need to prove. Most states adopt some kind of a comparative fault rule, which allows victims to seek compensation even if are a part of the blame for an accident. The amount of the settlement will be based on the level of responsibility. For instance the case where a judge gives you $100,000 for your injuries, but determines that you're 40% in the wrong, you'd only receive $60,000. There are actually two different types of modified comparative-fault rules. The one is known as the 50 bar rule, which prohibits the victim from receiving damages in cases where they are more than 50% at fault. Colorado and Utah are two states that follow this rule. Another variant is pure comparative fault. This allows victims to claim damages even if found to be 99 % at fault. Statute of Limitations In the majority of situations, a person is injured in a car crash is allowed to file a lawsuit against the party who caused the crash. 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 does not have anything to determine whether or not the defendant's insurance company will settle the case, and it is all about the initial triggering event in the case, which is the incident or accident that caused the injury. Calculating the exact time that the clock begins to tick is vital for compliance with this important rule. In New York, those injured in car accidents have up-to three years to make a personal injury claim. In certain instances the timeline may be shortened. In cases where a child is involved, such as, the statute is paused until the child is liberated, which is attained by marriage or when they reach the age of 18 usually two years after the accident. There are also exceptions and experienced attorneys can advise on the specifics. Representation We have years of experience representing and advising utilities and public entities on matters relating to motor vehicle litigation. Our clients include local counties, state, as well as federal entities that regulate fixed public utilities such as electric, gas, and water/sewer services. We also represent transportation entities including taxicabs, limousines and trucking companies, before the Public Utilities Commission in cases involving rates, fees and service. In a motor vehicle collision situation, we can identify the responsible parties and assist you in your quest for compensation. Our firm also assists victims of car accidents and tractor-trailer collisions, which include wrongful deaths. Our practice in commercial motor vehicles provides advice to manufacturers national leasing companies, and national logistics companies on car accidents and product liability claims. We manage pre-suit evaluations and proactively manage the discovery process. We also apply trial-ready skills to achieve a favorable client outcome whether it's a summative disposition or favourable final verdict. motor vehicle accident attorney st petersburg advises franchised motor vehicle, motorcycle and truck dealers on factory-dealer issues. We also represent them in New Motor Vehicle Board protests concerning dealership closures, addition of points warranties and incentive audits, and relocations.