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How to Build a Motor Vehicle Case In the majority of motor vehicle cases, you can seek the New York State minimum of $25,000 or $50,000 in damages for injuries or property damage. The situation becomes more complicated when you sue someone other than the driver or owner of the vehicle. In New York, for example you could potentially recover from multiple parties who are at fault under the strict comparative negligence rule. The issue is when the other parties are car rental companies or leasing entities. Identifying the At-Fault Party The first step to determine the party at fault in a motor vehicle collision is reviewing evidence from the scene of the collision. A police officer who is investigating the incident will speak with the drivers and passengers as well as witnesses to gather an exact account of what happened. These facts will be used to prepare a police report, and can be used to determine who was the culprit. It is also important to examine any damages that have been done to the vehicles involved. For instance when you were hit by another driver the rear vehicle's bumper damage is likely to provide a narrative that is clear cut as to who was responsible in the accident. In New York, which is a no-fault state, the at-fault party will typically reimburse you for the cost of medical treatment and loss of income in the amount of their policy limits. If you are injured in a way the state defines as severe such as a loss of an individual body part, serious impairment, disfigurement, or death and you are unable to recover the full amount, you may be able to claim more substantial damages through filing an action. Car accidents that happen within New York requires a thorough knowledge of the law of the state and the various 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 rebuttable assumption and the evidence of both sides will be analyzed to determine if the owner had the driver's explicit or implicit consent at the time that the accident occurred. Collecting Evidence In any lawsuit in any lawsuit, evidence is everything. It includes witness testimony, photographs physical evidence, as well as documentation. The more evidence that you have, the better your chances of winning. Car accident cases are no exception. It is important to have the correct evidence to present a convincing case. The first step is to gather the details as soon as you can following the accident. If you are 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. Keep track of the date, time and location of the accident. It is crucial to have this information in case you need access to security or traffic camera footage to help in your case. Another method of obtaining evidence is to make use of interrogatories and depositions. Interrogatories are written questions that the other party is required to answer under oath within a specific time frame. A deposition is a testimonies delivered outside of court, which is typically recorded and transcribable. Depositions can reveal important details about the incident and the other parties. It's also essential to speak with anyone who witnessed the accident, particularly if they are willing to make statements. In most cases, neutral witnesses are more convincing than those with an interest in the financial outcome of the case. This is especially true in collisions that involve hit and run in which the other driver might not be immediately caught. Inquiring about Witness Testimony If witnesses were present at scene of the accident and witnessed the accident, they're likely to be willing and capable of proving your favor. However, there are occasions witnesses are unwilling to testify. In these instances the lawyer may need to obtain a subpoena to legally demand the witness's testimony. In car accident cases experts are frequently called on to testify in a variety of ways. They include medical professionals as well as accident reconstruction experts. Experts in accident reconstruction have extensive working experience and educational background which allows them to analyze evidence and offer opinions on the reason for your crash. Medical professionals have special knowledge of the human body and injuries. For instance, a doctor or radiologist can testify about the extent and nature of your injuries, which may include an CT scan as well as MRI results. Vocational experts are another important type of expert. They can provide valuable insight into how your injuries affected your career and life. They could, for instance, explain how your injuries hindered 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 can be the key to winning an argument. When motor vehicle accident attorneys gilbert think of experts as witnesses, we envision long, telecast court battles with decorated experts providing final-minute details that make the difference between a victory or defeat. While experts can be the difference in a case, their statements must be supported by specific scientific data as well as analysis, and must include an in-depth analysis of the case. There are numerous kinds of expert witnesses who can help you, depending on the kind of accident that you are facing. In the case of car accidents, for example an expert witness with a focus in accidents could use their experience and knowledge to give insight into the accident and it's causes. Experts in this field can also explain technical aspects of the automobile which are otherwise difficult for jurors to comprehend. In personal accident cases, experts could also testify about the seriousness of your injuries as well as the impact they could have on you moving forward. For instance an economist can prepare an account of your financial losses you suffer as a result of the accident, such as future loss of income and household expenses out of pocket. Generally speaking, expert witness testimony is admissible if it adds significant value to your case. This is why it is important to work closely with your attorney in deciding the right experts for your particular case.