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How to Build a Motor Vehicle Case In the majority of motor vehicle cases you are able to recover New York State minimum limits of 2500050000 in case of injuries and property damage However the situation becomes more complicated when you sue entities other than the driver or owner of the vehicle For example under New Yorks pure comparative negligence fault rule you could potentially get compensation from multiple atfault parties The question is if those other parties are leasing or rental car companies or entities Identifying the AtFault Party The first step in identifying the party at fault in a motor car accident is analyzing evidence from the scene of the accident A police officer investigating the accident will interview all the drivers passengers and witnesses to obtain an indepth account These facts will be the basis for the police report and aid to determine who was negligent and who was at fault which is an important aspect in determining fault It is also helpful to check any damages to the vehicles involved If motor vehicle accident attorneys lees summit were involved in a collision the damage to the rear bumper of the vehicle will tell the person responsible for the crash In New York a state with nofault insurance the party at fault is liable to pay for medical expenses and lost wages up to the policy limits If you are injured in a manner that is considered to be serious by the state such as the loss of a body part significant impairment disfigurement or death that is then you might be able to recover greater damages by filing an action To successfully settle car accidents in New York it is important to have a thorough understanding of the states laws and statutes For example the CPLR SS388 statute imposes vicarious responsibility on vehicle owners for the negligence of drivers who operate their vehicles with their own authority This is a valid assumption and both sides evidence will be analyzed to determine if the owner had the drivers explicit or implicit consent at the time the incident occurred Collecting Evidence Evidence is key in any court case This includes testimony of witnesses as well as photos physical objects and documentation The more evidence you have the higher your chances of winning Car accident cases are no exception Building a strong case for compensation is all about having the correct evidence and it starts by obtaining the correct details right after the crash If youre physically able to do so take pictures of the scene of the crash as soon as you can including damage to the vehicle skid marks and debris Note the date time and the location of the crash This information is vital in the event you need to access traffic or security camera footage to aid in your case Another method of gathering evidence is to make use of depositions and interrogatories Interrogatories are written questions that the other party has to answer under oath in a specified timeframe A deposition is an outofcourt statement that is usually recorded and transcribed by a court reporter Depositions can reveal vital details about the incident and the other parties involved Its also essential to speak with anyone who was present at the accident particularly if they are willing to give statements Neutral witnesses are often more convincing than witnesses with financial stakes in the outcome of a case This is especially true for collisions that result in a hitandrun and where the other driver might not be caught right away Requesting Witness Testimony If witnesses were present at scene of the accident They are likely to be willing and be able to testify in your favor Sometimes witnesses will refuse to testify In these cases your lawyer may have to obtain a subpoena to legally request witnesses testimony There are many different types of expert witness testimony frequently used in car accident cases They include medical professionals as well as experts in reconstruction Accident reconstruction experts have extensive knowledge and experience in the field of work that allow them to analyze evidence and give opinions regarding the cause of your crash Medical professionals are experts about human anatomy and injuries A doctor or radiologist for example can confirm the severity and nature of your injuries They can also provide CT scan or MRI results Vocational experts are yet another important kind of expert They can provide valuable insights into the impact of your injuries on your professional life and career They can for example explain how your injuries have prevented you from performing specific tasks at work They could also help a juror understand the full impact of your losses Expert Witness Testimony Expert witness testimony could be the key to winning the case When we think of experts as witnesses we envision lengthy televisionlike court battles with expert witnesses who provide crucial details that can make the difference between victory and defeat While it is true that expert witnesses can be the difference between winning or losing an argument their testimony should be backed up by specific data from science and analysis as well as a thorough analysis Based on the type of accident that you have been involved in There are a variety of experts who can help In the case of car accidents for example an expert witness who is specialized in accidents can use their experience and experience to provide insight into the incident and the causes Experts are also able to explain the technical aspects of automobiles that are otherwise difficult for jurors to comprehend In personal injury cases experts can be able to testify regarding the extent of your injuries and how they impact your future An economist for example will prepare a written report detailing the financial losses youll be able to incur as a result of This includes future income loss and household out of pocket expenses Generally speaking expert witness testimony is admissible if the testimony adds significant value to your claim It is therefore important to collaborate closely with your lawyer in order to choose the appropriate expert for your particular case
