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How to Build a Motor Vehicle Case In the majority of motor vehicle cases, you can recover the New York State minimum of $25,000 or $50,000 in damages for injuries or property damage. However, the case becomes more complicated when you seek to sue entities other than the driver or owner of the vehicle. In New York, for example, you can potentially recover from multiple parties at fault under the strict comparative negligence rule. The question is whether the other parties are leasing or rental entities. Identifying the party at fault Reviewing evidence at the scene is the first step in determining who was the culprit. A police officer who is investigating the crash will interview all passengers and drivers as witnesses to get a detailed account of what transpired. These facts are used to make a police report and they will be used to determine who is at fault. It is also helpful to examine any damage to the vehicles involved in the collision. If you were hit by a vehicle, the damage to the rear bumper of the vehicle will inform you who was responsible. In New York, which is a no-fault state, the at-fault party will usually pay your medical expenses and lost income up to their policy limits. If you're injured in a way that is considered to be serious by the state such as a loss of an organ, significant impairment disfigurement, death, or in the event of death, you may be able to obtain more extensive damages through filing an action. To be able to successfully resolve car accidents in New York, it is important to have a thorough knowledge of the state's laws and statutes. For example the CPLR SS388 statute imposes vicarious responsibility on vehicle owners for the negligence of motorists who operate their vehicles without their authority. This is a rebuttable rule of law, and evidence from both sides will be scrutinized to determine if the owner had the driver's written or implied consent at the time of the accident. Collecting Evidence Evidence is essential in any court case. motor vehicle accident attorney glendale includes witness testimony as well as physical objects, photographs, and other documents. The more evidence you have, the greater your chances of winning. Car accident cases are no exception. It is important to have the correct evidence to build a strong case. It starts by obtaining the facts as soon as you can following the accident. If you're physically capable to, take photos of the scene the crash as quickly as you can, including any skid marks, vehicle damage and other debris. Also, make sure to note down the date the time, location, and date of the crash. It's important to have this information in case you require access to security or traffic camera footage for your case. Another way to gather evidence is by making use of depositions and interrogatories. Interrogatories are written questions which the other party must answer under oath in the specified timeframe. A deposition is a statement made outside of court and is typically recorded and transcribed. Depositions can reveal important information about an accident and the other parties. It's also essential to speak with witnesses to the crash, especially in the event that they are willing to provide statements. Witnesses who are neutral are more convincing than those who have a financial stakes in the outcome of an investigation. This is especially true for hit and run accidents in which a driver may not be immediately caught. Inquiring about the testimony of witnesses If witnesses were present at scene of the incident and witnessed the accident, they're likely to be willing and be able to testify in your favor. Sometimes, witnesses will not give their testimony. In these cases your attorney might have to resort to obtaining an order of subpoena to legally demand their testimony. There are many different types of expert witness testimony that is often used in car accident cases. They include experts in accident reconstruction and medical professionals. Experts in accident reconstruction have years of experience and knowledge gained through education that allows them to evaluate evidence and provide opinions on the reason for your crash. Medical professionals have specific knowledge about the human body and injuries. A physician or radiologist for instance, can testify to the extent and nature of your injuries. They can also provide a CT scan or MRI results. Another kind of expert is an expert in vocational fields. They can provide valuable insight into how your injuries have had an impact on your life and professional career. For instance, they can detail how your injuries hindered you from performing certain tasks at work and help jurors understand the full impact of your losses. Requesting expert witness testimony Expert witness testimony is often the most important factor in an outcome in a trial. When we think about experts, we envision lengthy, TV-like trials featuring professional experts who give last-minute details which can make the difference between victory or defeat. While experts can be a major factor in an argument, their evidence should be built on specific data from science and analysis and include an in-depth analysis of the case. In accordance with the type of accident you experienced, there are different types of experts that can assist. For instance, in car accident cases an expert witness who is specialized in accidents could draw on their experience and training to provide insight into the cause of the accident and the reasons for it. These experts can also help explain automotive technical details that are difficult for a juror to comprehend. Experts can be a witness in personal injury cases regarding the extent of your injuries and how they'll affect you going forward. For instance an economist could write an analysis of the financial losses that you will suffer as a result of the accident, which could include future loss of income as well as household expenses out of pocket. In general the expert witness testimony of an expert is only admissible if it adds value to your case. It is therefore crucial to collaborate closely with your lawyer in order to select the right expert for your particular case.