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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 to cover your injuries and property damage However the process becomes more complicated when you seek to sue entities other than the owner or driver of the vehicle In New York for example there is a possibility of recovering from multiple parties liable under the principle of pure comparative negligence The problem arises when the other parties are leasing or car rental entities Identifying the At Fault Party Examining evidence at the crash scene is the first step to determining who is at fault A police officer who is investigating the collision will interview the drivers and passengers as witnesses to collect an accurate account of what happened The information gathered will be used to draft a police report and can be used to determine who was at fault It is also important to look over any damage done to the vehicles involved For example when you were hit by a driver the rear cars bumper damage will often provide a narrative that is easy to determine who was responsible in the incident In New York which is a nofault state the atfault party will usually reimburse you for your medical bills and lost income up to the limits of their policy However if you sustain an injury that the state defines as serious like loss of a limb significant impairment of your body disfigurement or death or disfigurement you could be able to claim more substantial damages by filing a lawsuit against the at fault party To be able to successfully resolve auto accidents in New York it is important to have a thorough understanding of the states laws and statutes For instance the CPLR SS388 statute places vicarious liability on vehicle owners for the negligence of motorists who operate their vehicles with their own authority This is a rebuttable assumption and both sides evidence will be analyzed to determine whether the owner was granted the drivers express or implicit permission at the time the accident occurred Collecting Evidence In any legal proceeding evidence is everything This includes witness testimony as well photographs 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 This begins by collecting the necessary information immediately after the accident If youre physically able to do so take pictures of the scene of the crash as quickly as you can including any scratches or damage to the vehicle and debris Keep track of the date time and location of the accident Its crucial to keep this information in case you need access to traffic or security camera footage for your case Another way to gather evidence is through the use of depositions and interrogatories Interrogatories are written questions that the other party is required to answer under oath within a certain time frame A deposition is a statement made outside of court and is typically recorded and transcribed Depositions can reveal crucial details about an accident as well as the other parties Its also essential to speak with anyone who witnessed the accident particularly in the event that they are willing to provide statements Often neutral witnesses are more convincing than those with an financial stake in the outcome of the case This is especially true in accident that involves hitand run where the driver in question may not be caught immediately Obtaining Witness Testimony If witnesses were present at the scene of the accident and witnessed the accident theyre likely to be willing and be able to testify in your favor Sometimes witnesses will refuse to provide their testimony In such cases your lawyer may have to seek an order of subpoena to legally demand their testimony There are a variety of different kinds of expert witness testimony that is commonly used in car crash cases They include medical professionals and experts in reconstruction of accidents Accident reconstruction experts are equipped with a wealth of experience and knowledge that allow them to evaluate the evidence and offer an opinion on the cause of the crash Medical professionals have specialized knowledge of the human body as well as injuries A physician or radiologist for instance could testify to the extent and nature of your injuries They can also provide a CT scan or MRI results Another kind of expert is an expert in vocational issues They can provide valuable insights into how your injuries have affected your life and work They could for instance explain how your injuries hindered you from performing certain tasks at work It can also assist jurors in understanding the full impact on your losses Requesting expert witness testimony Expert witness testimony can be the most important factor in winning a case When motor vehicle accident attorneys tampa think of experts we think of long telecast court battles with decorated experts providing lastminute details that make the difference between victory or defeat While experts are true that expert witnesses can decide the outcome of an argument their evidence should be supported by specific scientific data and analysis as well as a thorough analysis Depending on the type accident that you have been involved in There are various kinds of experts who can assist In car accident cases for instance an expert witness with a specialization in accidents can use his or her training and expertise to provide insights into the accident and its causes These experts can also help explain the technical aspects of automobiles that are difficult for a juror to understand Experts can also testify in personal injury cases regarding the seriousness of your injuries and how they will affect you going forward An economist for instance can prepare a report detailing the financial losses youll be able to incur as a result of This includes future income loss and household expenses out of pocket In general experts testimony is only admissible when it adds value to your case This is why it is vital that you collaborate with your attorney to select the right experts for your case
