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How to Build a Motor Vehicle Case In the majority of motor vehicle accidents you can seek the New York State minimum of 2500050000 in damages due to your injuries or property damage However the situation gets more complicated when you have to sue other entities than the driver or owner of the vehicle In New York for example there is a possibility of recovering from multiple parties who are at fault under the principle of pure comparative negligence The issue is when the other parties are rental car companies or leasing entities Identifying the At Fault Party The first step in identifying the atfault party in a motor vehicle accident is examining evidence from the scene of the accident A police officer who is investigating the collision will interview the drivers and passengers as well as witnesses to compile an exact account of what happened These facts will form the basis of a police report and help to establish who was negligent as a crucial factor in determining fault It is also useful to examine any damages that have been done to the vehicles involved If you were involved in a collision the damage to the rear bumper of the vehicle will tell you who was the culprit In New York which is a state with nofault insurance the atfault party will usually pay the cost of medical treatment and loss of income up to their policy limits If you are injured in a way the state defines serious like the loss of an organ significant impairment disfigurement or death in the event of death you may be able to claim more substantial damages by filing an action To successfully litigate car accidents in New York it is vital to have a complete understanding of the states laws and statutes For instance in CPLR SS388 the state imposes vicarious responsibility on vehicle owners for the negligence of motorists who operate their vehicles under their permission This is a reasonable assumption and the evidence of both sides will be analyzed to determine whether the owner had drivers explicit or implicit permission when the incident occurred Collecting Evidence In any lawsuit in any lawsuit evidence is everything This includes witness testimony as well photographs physical objects and documents The more evidence you have the better your chances are of winning Car accident cases are no exception It is crucial to gather the right evidence to establish a solid case The first step is to gather the facts as soon as possible after the incident If you are physically able capture the scene of the crash as soon as possible including any vehicle damage skid marks and other debris Also ensure you write down the date when where and time of the crash Its important to have this information in case you need access to traffic or security camera footage to help in your case Another method of obtaining evidence is to make use of interrogatories and depositions motor vehicle accident attorneys tallahassee consist of written inquiries which the other party is required to answer under oath in an agreed upon time frame A deposition is outofcourt testimony thats typically recorded and transcribed by a court reporter Depositions can reveal crucial information about an accident and the other parties Its also essential to speak with any witnesses to the crash especially if they are willing to provide statements Often witnesses who are neutral can be more persuasive than those with a financial interest in the outcome of the case This is especially true for accident that involves hitand run where the other driver might not be found immediately Requesting the testimony of witnesses If witnesses were present at the scene of the accident theyre likely to testify on your case However there are times that witnesses adamantly refuse to give their testimony In such cases your attorney may need to obtain the subpoena to legally demand their testimony In car accident cases experts are frequently called upon to testify in a variety of ways They include experts in accident reconstruction and medical professionals Accident reconstruction experts are equipped with extensive experience and education which allows them to study the evidence and offer an opinions on the reason for a crash Medical professionals have specific knowledge about the human body and injuries For instance a doctor or radiologist could testify about the nature and extent of your injuries This includes a CT scan and MRI results Another kind of expert is a vocational expert They can provide valuable insights into how your injuries have affected your life and career They could for instance explain how your injuries prevented you from performing specific tasks at work They could also assist jurors in understanding the full impact on your losses Requesting expert witness testimony Expert witness testimony can be the key to winning the case When we think about experts we envision long televisionlike trials with celebrities giving lastminute information that can mean the difference between victory and defeat While experts are true that expert witnesses can decide the outcome of an argument their testimony must be backed by specific scientific data and analysis as along with a thorough review There are many kinds of expert witnesses that could help in your case in accordance with the kind of accident that you are facing For instance in cases involving car accidents an expert witness who is trained in accidents may draw on their experience and training to provide an insight into the accident and the underlying causes These specialists can also help to explain the technical details of automobiles which would otherwise be difficult for jurors to comprehend In personal injuries experts can also testify on the extent of your injuries and the impact they could have on your life going forward An economist for example will prepare a written report that outlines the financial losses youll suffer as a result This includes future income loss and household out of pocket expenses Generally expert witness testimony is admissible if it adds substantial value to your claim It is therefore important to work closely with your lawyer to choose the appropriate expert for your particular case
