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How to Build a Motor Vehicle Case In the majority of motor vehicle lawsuits you can seek New York State minimum limits of 2500050000 for injuries and property damage The situation gets more complicated when you are suing someone other than the driver or the owner of the vehicle In New York for example there is a possibility of recovering from multiple parties who are at fault under the strict comparative negligence rule The issue arises when the other parties are car rental companies or leasing entities Identifying the At Fault Party Examining evidence at the crash scene is the first step in determining who was the culprit A police officer who is investigating the collision will interview all drivers and passengers as well as witnesses to compile an exact account of what transpired These facts will form the basis of an investigation report It will also help to establish who was at fault and is an essential aspect in determining fault motor vehicle accident lawyer mount pleasant is also helpful to look over any damage that has been done to the vehicles involved in the collision For example when you were hit by a driver the rear vehicles rear bumper damage will usually tell a story that is unambiguous as to the person who was at fault for the incident In New York a state with nofault insurances the party responsible will pay you for medical expenses and lost wages to the policy limits If you are injured in a way the state defines serious like the loss of an organ significant impairment disfigurement or death and you are unable to recover the full amount you may be able to claim more substantial damages through filing a lawsuit In the case of car accidents occurring within New York requires a thorough understanding of state law and various statutes like CPLR SS 388 which imposes vicarious liability on owners of vehicles for the negligence of the drivers operating their vehicles with their permission This is a valid assumption and both sides evidence will be scrutinized to determine whether the owner had drivers consent whether implicit or explicit at the time that the accident occurred Collecting Evidence Evidence is essential in any court case It includes witness testimony photographs physical objects and evidence The more evidence you have the higher your chances are of winning Car accident cases are no exception It is vital to have the proper evidence to prove your case The first step is to gather the details as soon as possible after the incident If youre physically able capture the scene of the crash as quickly as you are able including skid marks vehicle damage and other debris Also ensure you note down the date as well as the time and location of the crash This information is essential should you need to access security or traffic camera footage to help with your case Another way to gather evidence is to make use of interrogatories and depositions Interrogatories are written questions to which the other party is required to answer under oath within a specific timeframe A deposition is a statement given outside of court thats usually recorded and transcribed Depositions can reveal important information about the accident and the other parties It is also important to talk to anyone who witnessed the incident particularly when they are willing to share their story Neutral witnesses are often more convincing than witnesses with financial stakes in the outcome of a case This is especially true for accidents involving hitandruns in which the driver who was hit may not be found immediately Obtaining Witness Testimony If witnesses were at the scene of the incident they will likely be willing and willing to testify in your favor Sometimes witnesses wont give their testimony In such cases your lawyer might have to obtain a subpoena to legally request the witnesss testimony There are several different types of expert witness testimony that is commonly used in car crash cases They include medical professionals and experts in accident reconstruction Accident reconstruction experts have a wealth of experience and knowledge gained through education that allow them to analyze evidence and offer opinions on the causes of your crash Medical professionals have expertise about the human body and injuries Radiologist or doctor for example can testify to the extent and nature of your injuries They can also provide CT scan or MRI results Vocational experts are yet another important type of expert They can provide valuable insights into the effects of your injuries on your professional life and career They can for example explain how your injuries caused you to be unable to perform specific tasks at work They could also help a juror understand the full impact on your losses Requesting expert witness testimony Expert witness testimony is the most important factor in winning the case When we think of experts we think of long TVlike court battles with expert witnesses who provide crucial details that can make the difference between a victory and defeat While it is true that experts can make or break a case their statements must be based on specific scientific data and analysis and should include an indepth analysis of the facts There are many different types of expert witnesses that could help in your case in accordance with the kind of incident youre facing In the case of car accidents for example an expert witness who is specialized in accidents can utilize his or her experience and knowledge to give insight into the accident and its causes These experts can also help explain automotive technical details that can be difficult for jurors to understand Experts can also testify in personal injury cases regarding the seriousness of your injuries and how theyll affect your life in the future An economist for example can write a report that outlines the financial losses youll be able to incur as a result of This includes future income loss and household out of pocket expenses In general experts testimony can only be admitted in the event that it adds value your claim This is why it is vital that you collaborate with your attorney when choosing the right experts for your particular case
