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How to Build a Motor Vehicle Case In most motor vehicle cases you are able to recover New York State minimum limits of $25,000/$50,000 for injuries and property damage. However, the situation becomes more complex when you have to sue other entities than the driver or owner of the vehicle. In motor vehicle accident lawsuit redondo beach , for example, you can potentially recover from multiple parties responsible under the strict comparative negligence rule. The problem is when the other parties are car rental companies or leasing entities. Identifying the At-Fault Party Examining evidence at the crash scene is the first step towards determining who is at fault. An officer from the police investigating the incident will question all the drivers, passengers and witnesses to get a detailed account. These details will be the basis for the police report and aid to determine who was at fault as a crucial element in determining fault. It is also useful to look over any damage done to the vehicles involved. If you were hit by a vehicle, the damage to the rear bumper of the vehicle will inform the person responsible for the crash. In New York, a state with no-fault insurance, the party at fault will reimburse you for medical expenses and lost wages up to the policy limits. If you are injured in a way that the state defines as serious such as the loss of the body part, a significant impairment disfigurement or death, then you may be able to claim more substantial damages by filing an action. In the case of car accidents occurring within New York requires a thorough understanding of state law and various statutes, such as CPLR SS 388, which confers vicarious liability on the owners of vehicles for the negligence of drivers operating their vehicles with their permission. This is a reasonable assumption and the evidence of both sides will be examined to determine whether the owner was granted the driver’s express or implicit permission at the time the incident occurred. Collecting evidence In any legal proceeding, evidence is everything. This includes witness testimony, as well physical objects, photographs, and documentation. The more evidence that you have, the higher your chances of winning. Car accident cases are no exception. It is vital to have the proper evidence to establish a solid case. This begins by collecting the information as soon as you can after the incident. If you are physically able to do so, take pictures of the scene of the crash as quickly as possible, including any scratches or damage to the vehicle and other debris. Keep track of the date, moment and the exact location of the crash. It's crucial to keep this information in case you require access to traffic or security camera footage to help in your case. Another way to gather evidence is through the use of interrogatories and depositions. Interrogatories are written questions which the other party must answer under oath in a specific time frame. A deposition is a non-judiciary testimony that is usually recorded and transcribed by a court reporter. Depositions can reveal important information about the accident and the other parties. It is also essential to talk to anyone who was present at the accident, especially when the person is willing to provide a statement. Neutral witnesses are often more convincing than those with financial stakes in the outcome of the case. This is particularly true in hit and run accidents, where another driver may not be immediately caught. How to obtain witness testimonies If witnesses were present at the scene of the incident and witnessed the accident, they're likely to be willing and be able to testify in your favor. But, there are times witnesses are unwilling to provide their testimony. In such cases your lawyer might have to apply for a subpoena in order to legally demand their testimony. In the case of car accidents Expert witnesses are often called to testify in variety of ways. They include medical professionals and experts in accident reconstruction. Accident reconstruction experts have extensive experience and knowledge gained through education that allows them to evaluate evidence and offer opinions regarding the cause of your crash. Medical professionals are experts of the human body as well as injuries. A doctor or radiologist, for example, can be able to testify about the severity and nature of your injuries. They can also provide CT scan or MRI results. Another important kind of expert is an expert in vocational issues. They can offer valuable insight into the effects of your injuries on your work and life. They could, for example describe how your injuries caused you to be unable to perform specific tasks at work. They could also help jurors understand the full impact on your losses. Expert Witness Testimony Expert witness testimony is often the key to a successful case. When we think of experts as witnesses, we envision lengthy, television-like court battles with expert witnesses who provide crucial details that can make the difference between victory or defeat. While experts can be a major factor in a case, their testimony must be built on specific data from science and analysis and include an in-depth review of the facts. Based on the type of accident you had There are a variety of experts who can aid. In the case of car accidents, for example an expert witness who is specialized in accidents can utilize their training and knowledge to provide an insight into the accident and its causes. Experts can also explain technical aspects of the automobile which are otherwise difficult for jurors to understand. In personal injury cases, experts can also testify about the severity of your injuries and how they affect your life going forward. For example an economist could write an account of your financial losses you endure as a consequence of the accident, which could include future loss of income as well as household expenses out of pocket. In general the case of expert witness testimony, it can only be admitted if it adds value to your claim. Therefore, it is important to work closely with your lawyer in order to select the right expert for your case.