How to Build a Motor Vehicle Case In the majority of motor vehicle lawsuits, you can recover the New York State minimum of $25,000/$50,000 for injuries or property damage. However, the situation becomes more complex when you 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 responsible under the strict comparative negligence rule. The issue is when the other parties are leasing companies or car rental entities. Identifying the party at fault The first step to determine the responsible party in a motor car accident is examining evidence from the scene of the crash. An officer from the police investigating the accident will speak with all passengers, drivers, and witnesses to get an accurate account. These details will be used to draft an investigation report for the police, and can be used to determine who was responsible. It is also beneficial to review any damages done to the vehicles involved. For instance If you were rear-ended by a driver the rear car's bumper damage can often reveal a story that is easy to determine who was at fault in the incident. In New York, a state with no-fault insurance, the person at fault will reimburse you for medical bills and lost wages to the policy limits. If you're injured in a way that the state defines serious like the loss of an organ, significant impairment or disfigurement, or even death, then you may be able to obtain more extensive damages through filing an action. Car accidents that happen within New York requires a thorough understanding of state law and various statutes, like CPLR SS 388, which imposes vicarious liability on owners of vehicles for the carelessness of drivers who operate their vehicles without their permission. This is a rebuttable rule of law, and evidence from both sides will be scrutinized to determine whether the owner had the driver's express or implied permission at the time of the incident. Collecting Evidence In any lawsuit in any lawsuit, evidence is everything. It includes witness testimony, photos physical objects, and documentation. The more evidence you have the better your chances are of winning. Car accident cases are no exception. The ability to build a strong case for compensation is all about having the right evidence, and it starts with obtaining the proper details right after the crash. If you can take photos of the scene as soon as you are able. Include any vehicle damage debris, skidmarks and skid marks. Also, make sure to note down the date the time, location, and date of the accident. It's 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 consist of written inquiries which the other party is required to answer under oath in a specific time frame. A deposition is an out-of-court statement that is recorded and then transcribed by a court reporter. Depositions can reveal vital information about an accident and the other parties involved. It's also crucial to talk with anyone who was present at the crash, especially when they are willing to give statements. Sometimes, impartial witnesses can be more compelling than those with an interest in the financial outcome of the case. This is especially true for hit-and-run accidents, where the other driver may not be caught right away. Inquiring about 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. But, there are times witnesses are unwilling to provide their testimony. In these instances, your attorney may need to seek the subpoena to legally demand their testimony. In car accident cases, expert witnesses are often called to testify in a variety of ways. They include medical professionals and experts in reconstruction of accidents. Experts in accident reconstruction have years of working experience and educational background that permit them to analyse evidence and give opinions on the causes of your crash. Medical professionals are able to provide specialized knowledge of the human body and injuries. For example, a physician or radiologist could testify about the nature and severity of your injuries. This could include an CT scan as well as MRI results. Another important type of expert is an expert in vocational issues. They can offer valuable insight into the effects of your injuries on your life and career. For instance, they could detail how your injuries prevented you from performing specific job duties and help jurors understand the full impact of your injuries. Expert Witness Testimony Expert witness testimony is often the most important factor in an outcome in a trial. When we think of experts, we think of long, TV-like court battles with experts who are adorned and provide final-minute details that make the difference between a victory and a loss. Although experts' witnesses can make or break an argument, their testimony should be supported 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 different types of experts who can assist. For instance when it comes to car accidents experts who is trained in accidents may draw on their experience and training to provide insight into the cause of the accident and the underlying causes. Experts in this field can also clarify the technical aspects of automotive which are otherwise difficult for jurors to comprehend. Experts can be a witness in personal injury cases about the severity of your injuries and how they'll affect you in the future. An economist, for example will prepare a written report detailing the financial losses you'll suffer as a result. This includes future income loss and household out of pocket expenses. Generally speaking, expert witness testimony is only admissible when it adds significant value to your case. This is why it is vital that you work closely with your attorney when choosing the right experts for your particular case.