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How to Build a Motor Vehicle Case In the majority of motor vehicle cases, you are entitled to the New York State minimum of $25,000/$50,000 in damages for your injuries or property damage. The situation can get more complicated in the event that you sue a person other than the driver or owner of the vehicle. In New York, for example you could potentially recover from multiple parties at fault under the pure comparative negligence rule. The issue is when the other parties are car rental companies or leasing entities. Identifying the party at fault The first step in determining the at-fault party in a motor vehicle crash is to review evidence from the scene of the collision. An officer from the police investigating the incident will question all drivers, passengers and witnesses in order to get a detailed account. These details will be used to create an official police report, and they will be used to determine who was the culprit. It is also helpful to look over any damage that has been done to the vehicles involved in the collision. If you were rear-ended, the damage done to the rear bumper of the vehicle will inform you who was responsible. In New York, which is a no-fault insurance state, the at-fault party will usually reimburse you for the cost of medical treatment and loss of income in the amount of their policy limits. However, if you suffer an injury that the state classifies as being serious, such as loss of limbs, significant impairment to your body, disfigurement or death, you may be able to obtain more substantial damages through a lawsuit against the at fault party. In the case of car accidents occurring within New York requires a thorough knowledge of the law of the state and the various statutes, such as CPLR SS 388, which imposes vicarious liability on owners of vehicles for the carelessness of drivers who operate their vehicles without their permission. This is a rebuttable presumption and evidence from both sides will be analyzed to determine if the owner had the driver's written or implied consent at the time of the incident. Collecting Evidence Evidence is crucial in any court case. It includes witness testimony, photographs physical evidence, and 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 proper evidence to establish a solid case. It starts by obtaining the necessary information as soon as you can following the accident. If you're physically capable to do so, take pictures of the scene of the crash as soon as you can, including any vehicle damage, skid marks and other debris. Note the date, time and location of the crash. It's crucial to keep this information in case you need access to traffic or security camera footage for your case. Interrogatories and depositions are another way to gather evidence. Interrogatories comprise written questions which the other party must answer under oath within a certain time frame. A deposition is a statement made outside of court and is typically recorded and transcribed. Depositions can reveal crucial details about an accident as well as the other parties. It is also essential to talk to anyone who witnessed the accident, especially when they are willing to give a statement. The neutral witnesses are typically more convincing than witnesses with an interest in the outcome of a case. This is especially true in collisions that result in a hit-and-run, and where the other driver may not be found immediately. How to obtain witness testimonies If witnesses were present at the scene of a crash, they are likely to testify in your case. But, there are times witnesses are unwilling to testify. In these cases your lawyer may have to apply for the subpoena 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 and accident reconstruction experts. Experts in accident reconstruction are armed with a wealth of experience and knowledge that allow them to evaluate the evidence and provide an opinion on the causes of an accident. Medical professionals have specific knowledge regarding the human body and injuries. For instance, a doctor or radiologist can testify about the nature and severity of your injuries, including a CT scan as well as MRI results. Another important type of expert is an expert in vocational issues. They can provide valuable information into the effects of your injuries on your work and life. They could, for instance describe how your injuries hindered you from performing certain tasks at work and help a juror understand the full impact of your losses. Expert Witness Testimony Expert witness testimony is often the most important factor in an outcome in a trial. When we think of expert witnesses, we imagine lengthy, television-like court battles with flamboyant experts who provide crucial details that can make the difference between a victory or defeat. While experts can make or break a case, their statements should be founded on specific scientific data and analysis and include a thorough review of the case. In motor vehicle accident lawsuit kansas city with the type of accident you were involved in depending on the type of accident you had, there are different kinds of experts who can assist. In car accident cases, for example an expert witness who has a specialization in accidents can make use of their training and knowledge to provide an details about the accident and it's causes. Experts can also explain the technical aspects of automotive that would otherwise be difficult for jurors to comprehend. In personal injury cases, experts can be able to testify regarding the extent of your injuries and how they will impact your life going forward. For example an economist can prepare an assessment of the financial losses you suffer as a result of the accident, which could include future loss of income and household expenses out of pocket. Generally, expert witness testimony is admissible if it adds significant value to your claim. This is why it is vital that you collaborate with your attorney to choose the most appropriate experts for your particular case.