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How to Build a Motor Vehicle Case In most motor vehicle cases, you can recover New York State minimum limits of $25,000/$50,000 to cover your injuries and property damage. The situation is more complicated if you sue someone other than the driver or owner of the vehicle. In New York, for example, you can potentially recover from multiple parties liable under the principle of pure comparative negligence. The issue is if the other parties are rental car companies or leasing entities. Identifying the At Fault Party The first step in identifying the responsible party in a motor vehicle collision is analyzing evidence from the scene of the accident. Police officers investigating the accident will speak with all passengers, drivers, and witnesses in order to get the full story. These details will be the basis for the police report and aid to determine who was negligent and is an essential aspect in determining fault. It is also useful to examine any damages that have been done to the vehicles involved. For example, if you were rear-ended by a driver the rear vehicle's bumper damage will often tell a story that is easy to determine the person who was at fault for the crash. In New York, a state with no-fault insurance, the person at fault will reimburse you for medical expenses and lost wages to the policy limits. If you are injured in a manner that the state defines serious such as the loss of the body part, a significant impairment or disfigurement, or even death, then you may be able to claim more substantial damages by filing a lawsuit. In order to successfully litigate automobile accidents in New York, it is important to have a thorough knowledge of the state's laws and statutes. For example in CPLR SS388, the state places vicarious liability on vehicle owners for the negligence of drivers who operate their vehicles without their own authority. This is a rebuttable assumption and both sides' evidence will be examined to determine if the owner had the driver's consent, whether implicit or explicit, at the time the accident occurred. Collecting Evidence In any legal proceeding there is evidence that is the most important thing. It includes witness testimony, photographs physical evidence, and documentation. The more evidence you have the higher your chances are of winning. Car accident cases are no exception. Building a strong case to claim compensation is all about obtaining the right evidence, and that starts with gathering the appropriate information right after the accident. If you are able, take pictures of the scene as quickly as you can. Include any vehicle damage debris, skidmarks and skid marks. Also, ensure you write down the date as well as the time and location of the accident. It's crucial to keep this information in case you require access to security or traffic camera footage to help in your case. Depositions and interrogatories are another method to gather evidence. Interrogatories are written inquiries that the other party has to answer under oath in a specified time frame. A deposition is a non-judiciary testimony which is usually recorded and transcribing by a court reporter. motor vehicle accident law firm grand prairie can reveal important details about the accident as well as the other parties. It's also essential to speak with anyone who was present at the accident, particularly in the event that they are willing to give statements. Neutral witnesses are often more convincing than those with an interest in the outcome of the case. This is particularly true for collisions that result in a hit-and-run, and where the other driver may not be able to be identified immediately. Obtaining the testimony of witnesses If witnesses were present at the scene of the accident they will likely be willing and willing to testify in your favor. Sometimes, witnesses won't give their testimony. In these instances, your attorney may need to resort to obtaining an injunction to legally request their testimony. In car accident cases experts are frequently called upon to testify in a variety of ways. They include medical professionals as well as experts in reconstruction of accidents. Experts in accident reconstruction have extensive experience and knowledge gained through education that allow them to analyze evidence and provide opinions on the reason for your crash. Medical professionals have specialized knowledge of the human body as well as injuries. For instance, a physician or radiologist may testify to the nature and extent of your injuries. This includes the results of a CT scan and MRI results. Vocational experts are yet another important kind of expert. They can provide valuable insights into the impact of your injuries on your life and career. They could, for instance describe how your injuries prevented you from performing certain tasks at work and assist jurors in understanding the full impact of your losses. Obtaining Expert Witness Testimony Expert witness testimony is often the most important factor in an outcome in a trial. When we think of experts as witnesses, we envision long, TV-like court battles with expert witnesses who provide last-minute details that make the difference between a victory and a loss. While it is true that experts can be a major factor in the case, their testimony must be supported by specific scientific data and analysis and include an exhaustive review of the case. Based on the type of accident you experienced depending on the type of accident you had, there are different kinds of experts who can assist. For instance in cases of car accidents, an expert witness who specializes in accidents can make use of their knowledge and training to provide an insight into the cause of the accident and the reasons for it. Experts are also able to explain automotive technical details that are difficult for jurors to comprehend. In personal injury cases, experts can be able to testify regarding the extent of your injuries and the impact they could have on you moving forward. An economist, for example can write a report detailing the financial losses you will suffer as a result. This includes future income loss and household expenses out of pocket. Generally speaking, expert witness testimony is only admissible if it adds significant value to your claim. This is why it is vital that you collaborate with your attorney to select the right experts for your case.