What Is a Motor Vehicle Case?

A motor vehicle accident attorney vehicle case is a personal injury lawsuit that is based on an accident in a motor vehicle. While the majority of cases are governed under common law concepts, there are some issues that are unique to this particular area.

Under New York law, owners of vehicles are responsible for accidents that happen while their vehicles are being operated without their permission, either express or implied. Our legal team deals with these cases as an contingency basis.

Eyewitness Testimony

Eyewitness testimony is a powerful addition to other evidence when it comes to motor vehicle accident lawyers vehicle-related cases. This kind of evidence can be used to identify the perpetrators of crimes and provide information about how the incident occurred. However, there is a wide collection of studies that show eyewitness testimony can be wildly incorrect.

Witnesses are more likely to make a mistake when recollecting an object's color or shape. Perceptual distortions, like faded memories can cause a witness to misremember the exact moment.

Witness memory can also be altered when a witness receives specific questions or facts. For example, researchers in one study found that asking participants to estimate how fast a car was traveling affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention, skill, stress level and health conditions, prejudice, previous experience, cognitive status, the degree of certainty or confidence and suggestive questions, biased lineups, and racial or personal bias.

While many experts affirm that eyewitness testimony can be trusted however, it is important to educate law enforcement agencies and jurors regarding the possibility of errors in this type of evidence. In some cases eyewitness testimony that was incorrect has led to incorrect convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints that were found on a cup that a witness had used to identify the suspect in a burglary not the signatures of Royal Clark's.

Vehicle Inspection

As a rule inspections for vehicles are required each year. Certain types of vehicles might need be checked more often, such as those being sold privately or have an expired inspection sticker. In certain situations, for instance, when an New York resident moves and needs to update their address, it is required that the vehicle be examined prior to issuance of new stickers.

When an inspector conducts an inspection, they begin by verifying a few details such as the car's make and model, its registration date and the odometer's reading, and others. The inspector will then inspect the vehicle, starting with the obvious areas, such as the windshields and mirrors as well as the lights and horn. There are many checklists to ensure a thorough inspection is carried out, including checking for things such as rust or suspension parts.

Drivers are expected to remain vigilant on the roads and to look out for pedestrians, other drivers and other potential dangers. Failure to do this can be considered negligent. Drivers must also keep control at all at all times. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the vehicle's manufacturer could be held liable under the laws of product liability if the accident was caused by a defect in the car or the parts that make it up.

Components or parts that are defective

In order for a vehicle to function correctly, thousands of tiny electrical and mechanical parts must function. When one of these components fails, the consequences can be devastating. These accidents are typically due to manufacturing errors or other problems with the design or construction specific part. If a defective part of an automobile is the cause of an accident, the party responsible for the accident could be liable for compensating the victims for their injuries.

Many people believe that all auto accidents happen because of human error. While 94 percent of crashes are caused by driver mistakes There are also other factors, such as road conditions or defective parts that can cause an accident.

Defective auto parts include brakes, tires, seatbelts and airbags or any other part that may not perform as intended, leading to an accident. These defects can be the result of parts from the aftermarket that were not made with the same care as the original parts on a car. Sometimes, the flaw is found in the original design of a component.

Manufacturers are required to create vehicles that meet minimum safety standards. If the vehicle or its components were not designed or built according to these standards the manufacturer could be held accountable in a lawsuit involving product liability for any injuries that may occur in the event of an accident that was caused by the defective part.

Insurance Coverage

In many states, drivers are required to have insurance if their recklessness or misconduct results in harm to others. Liability insurance covers bodily injury liability as well as property damage liability.

Bodily injury liability pays for your medical bills and the medical expenses of those injured in a collision caused by your vehicle, up to the limits of your insurance policy. There is usually a limit per injured person as well as a limit for all property damage. Certain insurers offer optional policies with higher limits for these kinds of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged by an event other than a collision with another vehicle or object, like theft, fire, windstorm and the impact of deer. It can also be used to protect your vehicle from damage from driving through potholes. This type of coverage is required in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, however some require it only when the driver at fault has no insurance or insufficient insurance. This coverage will reimburse you or your passengers for medical and property losses when the at-fault driver has no insurance, is uninsured, or in a hit-and-run crash.