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How to Build a Motor Vehicle Case In the majority of motor vehicle cases, you can recover New York State minimum limits of $25,000/$50,000 for your injuries and property damage. The situation becomes more complicated if you sue someone other than the driver or the owner of the vehicle. For instance, under New York's pure fault rule for comparative negligence you may be able to recover from multiple at-fault parties. The issue is when those other parties are rental car companies or leasing entities. Identifying the party at fault Reviewing evidence at the accident scene is the first step to finding out who was responsible. An officer from the police investigating the accident will speak with all the passengers, drivers and witnesses to get the full story. These facts will form the basis of a police report and help to determine who was negligent and who was at fault, which is an important factor in determining fault. It is also helpful to examine any damages that have been done to the vehicles involved. If you were involved in a collision, the damage to the rear bumper of the vehicle will tell you who was responsible. In New York, a state with no-fault insurance, the person at fault will reimburse you for medical expenses and lost wages up to policy limits. If you are injured in a way the state defines as severe, like a loss of an individual body part, serious impairment disfigurement, death, or in the event of death, you may be able to recover greater damages through filing an action. To successfully settle car accidents in New York, it is essential to have a thorough understanding of the state's laws and statutes. For instance the CPLR SS388 law confers vicarious responsibility on car owners for the negligence of drivers who operate their vehicles under their own authority. This is a rebuttable presumption, and evidence from both sides will be examined to determine if the owner had the driver's explicit or implied permission at the time of the accident. Collecting evidence Evidence is the most important aspect in any case. This includes testimony of witnesses, as well as photos, physical objects and documents. The more evidence you have more chances you are of winning. Car accident cases are no exception. Building a strong case for compensation is all about having the correct evidence, and it starts by obtaining the correct details right after the crash. If you are able to, take pictures of the scene as quickly as you are able. Include any vehicle damage debris, skidmarks and skid marks. Keep track of the date, time and location of the crash. It's essential to keep this information in case you need access to traffic or security camera footage to help in your case. Depositions and questions are another way to gather evidence. Interrogatories are written questions that the other party is required to answer under oath in a specified timeframe. A deposition is out-of-court testimony which is usually recorded and transcribing by a court reporter. Depositions can reveal vital details about the incident and the other parties involved. It is also crucial to speak to anyone who was present at the accident, especially in the event that they are willing to give a statement. Neutral witnesses are often more convincing than those who have a a financial stake in the outcome of the case. This is especially true in hit and run accidents where a driver may not be immediately caught. How to Obtain Witness Testimony If witnesses were present at the scene of a crash they will likely be willing to testify in your case. However, there are instances witnesses are unwilling to testify. In these instances your lawyer may have to resort to obtaining an injunction to legally demand their testimony. In car accident cases Expert witnesses are often called upon to testify in a variety of ways. They include medical professionals and accident reconstruction experts. Experts in accident reconstruction have extensive experience and knowledge gained through education that allow them to analyze evidence and provide opinions on the causes of your crash. Medical professionals can offer specific knowledge of the human body and injuries. A physician or radiologist for instance, can confirm the severity and nature of your injuries. They can also provide a CT scan or MRI results. Vocational experts are an additional kind of expert. They can provide 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. motor vehicle accident law firm simi valley can also assist jurors in understanding the full impact of your losses. Expert Witness Testimony Expert witness testimony is often the key to the success of a case. When we think about experts, we envision long, TV-like trials with professional experts who give last-minute details that could mean the difference between winning and defeat. Although it is true that expert witnesses can make or break an argument, their evidence should be supported with specific scientific data and analysis, as along with a thorough review. In accordance with the type of accident you experienced depending on the type of accident you had, there are different kinds of experts who can aid. For instance when it comes to car accidents experts who is specialized in accidents could draw on their experience and training to provide an insight into the cause of the accident and the underlying causes. Experts are also able to explain automotive technical details that are otherwise difficult for jurors to comprehend. Experts can also testify in personal injury cases about the severity of your injuries and how they'll affect your life in the future. An economist, for instance can write a report detailing the financial losses you will suffer as a result. This includes future income loss and household expenses that are not covered by your insurance. In general, expert witness testimony can only be admitted in the event that it adds value your claim. It is therefore crucial to collaborate closely with your lawyer in order to choose the best expert for your case.