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How to Build a Motor Vehicle Case In the majority of motor vehicle cases you are able to recover New York State minimum limits of $25,000/$50,000 for your injuries and property damage. However, motor vehicle accident lawyer concord becomes more complicated when you sue entities other than the driver or owner of the vehicle. For instance, under New York's pure fault rule of comparative negligence you may be able to be able to recover from multiple at-fault parties. The issue is if the other parties are rental car companies or leasing entities. Identifying the At Fault Party Examining evidence at the crash scene is the first step to determining who was at fault. A police officer investigating the accident will speak with all the drivers, passengers and witnesses to obtain a detailed account. These facts will be used to create an investigation report for the police, and can be used to determine who was at fault. It is also beneficial to review any damages done to the vehicles involved. For example when you were hit by another driver the rear car's bumper damage will usually provide a narrative that is easy to determine who was responsible for the incident. In New York, a state with no-fault insurances, the person at fault is liable to pay for medical expenses and lost wages up to the policy limits. If you suffer an injury that the state defines as serious, such as the loss of limbs, significant impairment of your body, disfigurement or death it is possible to claim more substantial damages through a lawsuit against the responsible party. To successfully settle auto accidents in New York, it is important to have a thorough understanding of the state's laws and statutes. For example the CPLR SS388 statute is a law that imposes vicarious liability on car owners for the negligence of motorists who operate their vehicles without their own authority. This is a rebuttable assumption, and evidence from both sides will be examined to determine if the proprietor was granted the driver's express or implied permission at the time of the accident. Collecting evidence Evidence is the most important aspect in any court case. It includes witness testimony, photos physical evidence, as well as evidence. The more evidence you have, the better your chances are of winning. Car accident cases are no exception. It is vital to have the right evidence to establish a solid case. The first step is to gather the necessary information as soon as possible after the accident. If you can take photos of the scene as quickly as you are able. Include any vehicle damage or skidmarks as well as any debris. Also, ensure you note down the date when, where, and time of the crash. It is crucial to have this information in case you require access to security or traffic camera footage to help in your case. Depositions and questions are another method of gathering evidence. Interrogatories are questions written in writing that the other party must answer under oath within a specific time frame. A deposition is out-of-court testimony that is usually recorded and transcribed by a court reporter. Depositions can reveal crucial information about the accident and the other parties involved. It is also essential to speak to anyone who was present at the accident, especially when the person is willing to provide a statement. neutral witnesses are usually more convincing than witnesses who have financial stakes in the outcome of the case. This is particularly true in accident that involves hit-and run, where the driver who was hit may not be caught immediately. How to Obtain Witness Testimony If witnesses were present at scene of the incident, they are likely to be willing and willing to testify in your favor. However, there are times witnesses who are obstinately refusing to testify. In such cases, your attorney may need to apply for an injunction to legally demand their testimony. In car accident cases, expert witnesses are often called to testify in a variety of ways. They include experts in reconstruction and medical experts. Experts in accident reconstruction are equipped with years of experience and education which allows them to study the evidence and offer their opinion on the causes of a crash. Medical professionals have specific knowledge about the human body and injuries. For example, a physician or radiologist may testify to the extent and nature of your injuries, which may include a CT scan and MRI results. Another kind of expert is an expert in vocational fields. They can offer valuable insight into the impact of your injuries on your career and life. They can, for example, explain how your injuries have prevented you from performing certain tasks at work. They can also assist jurors in understanding the full extent of your losses. Expert Witness Testimony Expert witness testimony can be the most important factor in winning a case. When we think of experts, we imagine long, TV-like trials with professional experts who give last-minute details which can be the difference between victory and defeat. While it is true that experts can make or break an argument, their evidence must be based on specific scientific data and analysis and include an in-depth review of the facts. There are a variety of expert witnesses that may aid in your case dependent on the type of accident you have. For instance in cases of car accidents experts who is specialized in accidents could draw on their experience and training to offer insight into the cause of the crash and the underlying causes. Experts in this field can also explain technical aspects of the automobile that are otherwise difficult for jurors to understand. In personal accident cases, experts could also testify about the seriousness of your injuries as well as how they affect your life going forward. An economist, for example, can prepare a report detailing the financial losses you will be able to incur as a result of. This includes future income loss and household expenses out of pocket. In general the expert witness testimony of an expert is only admissible when it adds value to your claim. This is why it is vital that you work closely with your attorney to choose the most appropriate experts for your particular case.