How to Build a Motor Vehicle Case

In the majority of motor vehicle accidents, you can recover the New York State minimum of $25,000/$50,000 for injuries or property damage. The situation becomes more complicated if you sue someone other than the driver or owner of the vehicle.

For example under New York's strict fault rule of comparative negligence it is possible to claim compensation from several at-fault parties. The question is if the other parties are leasing or rental car companies, or entities.

Identifying the At Fault Party

The first step in determining the person at fault in a motor vehicle accident lawsuit vehicle accident is to review evidence from the scene of the accident. A police officer who is investigating the incident will speak with all the passengers and drivers as witnesses to get an exact account of what happened. These details are used to make a police report and they will be used to determine who was the culprit.

It is also useful to check any damages to the vehicles involved. If you were involved in a collision, the damage to the rear bumper of the vehicle will inform you who was at fault.

In New York, a state with no-fault insurance, the party at fault is liable to pay for medical expenses and lost wages to the policy limits. If you're injured in a way that the state defines serious, like a loss of a body part, significant impairment or disfigurement, or even death, then you may be able to recover greater damages by filing a lawsuit.

To be able to successfully resolve auto accidents in New York, it is crucial to have a comprehensive knowledge of the state's laws and statutes. For instance, CPLR SS388 is a law that imposes vicarious liability on car owners for the negligence of motorists who operate their vehicles without their permission. This is a reasonable assumption, and the evidence of both sides will be scrutinized to determine whether the owner was granted the driver's explicit or implicit permission when the incident occurred.

Collecting evidence

Evidence is essential in any court case. This includes witness testimony, as well photos, physical objects and other documentation. The more evidence you have, the higher your chances of winning. Car accident cases are no exception. The ability to build a strong case for compensation is all about having the right evidence, and that starts with obtaining the proper details immediately following the crash.

If you are able to take photos of the scene as soon as you are able. Include any vehicle damage debris, skidmarks and skid marks. Note the date, Motor vehicle accidents time and the location of the crash. This information is important in the event you need to obtain security or traffic camera footage to assist in your case.

Depositions and questions are another method of gathering evidence. Interrogatories are written questions that the other party must respond to under oath within a specific time frame. A deposition is a non-judiciary testimony that's typically recorded and transcribed by a court reporter. Depositions can reveal crucial details about an accident as well as the other parties involved.

It's also essential to speak with anyone who was present at the accident, particularly if they're willing to make statements. The neutral witnesses are typically more convincing than those who have a an interest in the outcome of a case. This is particularly true in accidents involving hit-and-runs, in which the other driver may not be caught immediately.

How to Obtain Witness Testimony

If witnesses were present at the scene of a crash, they are likely to give testimony for your case. Sometimes witnesses will refuse to give evidence. In these situations your lawyer may have to resort to obtaining a subpoena in order to legally request their testimony.

There are several different types of expert witness testimony that is frequently utilized in car accident cases. They include medical professionals as well as experts in reconstruction of accidents. Accident reconstruction experts have a wealth of work experience and education-based knowledge that permit them to analyse evidence and give opinions regarding the cause of your crash. Medical professionals have an in-depth understanding of the human body and injuries. Radiologist or doctor for instance, could confirm the severity and nature of your injuries. They can also provide a CT scan or MRI results.

Vocational experts are another important kind of expert. They can provide valuable insight into how your injuries affected your life and work. They can, for example, explain how your injuries hindered you from performing certain tasks at work and assist jurors in understanding the full impact of your losses.

Requesting expert witness testimony

Expert witness testimony can be the key to winning in a court case. When we think of expert witnesses, we picture long, TV-like court battles with flamboyant experts who provide important details at the last minute that can be the difference between victory and defeat. While it is true that experts can be the difference in a case, their testimony must be built on specific data from science and analysis, and should include an exhaustive review of the facts.

Depending on the type accident you were involved in, there are different types of experts who can assist. For car accidents, motor vehicle accidents for example, an expert witness with a focus in accidents can make use of their training and knowledge to provide an insight into the accident and the causes. These experts can also help clarify the technical aspects of automotive that are otherwise difficult for a juror to understand.

In personal injuries, experts can be able to testify regarding the extent of your injuries and the impact they could have on you in the future. For instance an economist could write an analysis of the financial losses that you will be able to suffer as a result the accident, which could include the loss of future income and household out-of-pocket expenses.

Generally speaking, expert witness testimony is only admissible if it adds substantial value to your claim. This is the reason it is essential to work closely with your attorney in deciding the most appropriate experts for your particular case.