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How to Build a Motor Vehicle Case In the majority of motor vehicle lawsuits you are able to recover New York State minimum limits of 2500050000 for injuries and property damage However the situation becomes more complex when you bring a lawsuit against entities other than the owner or driver of the vehicle In New York for example you could potentially recover from multiple parties liable under the pure comparative negligence rule The question is whether the other parties are leasing or rental car companies or entities Identifying the AtFault Party Examining evidence at the crash scene is the first step to finding out who was responsible A police officer who is investigating the collision will interview all the passengers and drivers as witnesses to collect an accurate account of what transpired These details will be used to draft an investigation report for the police and can be used to determine who is at fault motor vehicle accident attorneys phoenix is also useful to examine any damages that have been done to the vehicles involved If you were rearended the damage to the rear bumper of the vehicle will inform the person responsible for the crash In New York a state with nofault insurance the party responsible will pay you for medical bills and lost wages up to policy limits If youre injured in a way that the state defines serious such as the loss of a body part significant impairment disfigurement or death and you are unable to recover the full amount you may be able recover more extensive damages through filing an action Litigating automobile accidents venued within New York requires a thorough understanding of state law and other statutes such as CPLR SS 388 which places vicarious liability on the owner of vehicles for the inattention of drivers 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 had the drivers explicit or implicit permission at the time the incident occurred Collecting Evidence Evidence is essential in any case It includes witness testimony photos physical objects and documentation The more evidence that you have the higher your chances of winning Car accident cases are no exception It is crucial to gather the right evidence in order to prove your case The first step is to gather the necessary information immediately after the incident If youre physically capable capture the scene of the crash as soon as you can including any damage to the vehicle skid marks and debris Note the date the moment and the exact location of the crash Its crucial to keep this information in case you need access to traffic or security camera footage to help in your case Another method of obtaining evidence is by making use of interrogatories and depositions Interrogatories comprise written questions that the other party must answer under oath within an agreed upon time frame Depositions are a type of testimony given outside of court thats usually recorded and then transcribed Depositions can reveal vital details about an accident as well as the other parties involved It is also important to talk to anyone who was present at the incident particularly in the event that they are willing to share their story Often witnesses who are neutral can be more persuasive than those with an financial stake in the outcome of the case This is particularly true for accident that involves hitand run where the driver in question may not be caught right away Finding the testimony of witnesses If witnesses were present at scene of the accident They are likely to be willing and willing to testify in your favor However there are instances witnesses are unwilling to testify In these cases your lawyer might have to obtain a subpoena to legally request the witness testimony There are many different types of expert witness testimony commonly used in car crash cases These include accident reconstruction experts and medical experts Accident reconstruction experts are armed with extensive experience and education that allow them to evaluate the evidence and offer an opinion on the cause of an accident Medical professionals can offer special knowledge of the human body and injuries Radiologist or doctor for example can testify to the extent and nature of your injuries They can also provide a CT scan or MRI results Vocational experts are a different type of expert They can provide valuable insights into the effects of your injuries on your career and life They can for example explain how your injuries prevented you from performing specific tasks at work They could also assist jurors in understanding the full extent of your losses Expert Witness Testimony Expert witness testimony is often the key to a successful case When we think of expert witnesses we imagine lengthy televisionlike court battles with flamboyant experts who provide important details at the last minute that can be the difference between a victory and a loss Although it is true that expert witnesses can decide the outcome of an argument their testimony must be backed by specific data from science and analysis as along with a thorough review Depending on the type accident you had there are different types of experts who can assist For instance in car accident cases an expert witness who is skilled in accidents can draw on their experience and training to offer insight into the cause of the accident and the reasons for it These experts can also help clarify the technical aspects of automotive that are difficult for jurors to understand Experts can also testify in personal injury cases regarding the extent of your injuries and how theyll affect your life going forward For instance an economist could prepare an assessment of the financial losses that you endure as a consequence of the accident such as future loss of income and household outofpocket expenses In general the case of expert witness testimony it is only admissible in the event that it adds value your claim Therefore it is important to collaborate closely with your lawyer to choose the most appropriate expert for your particular case
