What Is a Motor Vehicle Case?

A motor vehicle case is any personal injury lawsuit that results from a motor vehicle accident. While the majority of cases are governed under common law principles, there are some issues that are unique to this area.

Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are operating with their permission, whether explicit or implied. Our legal team is dedicated to handling these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can provide an important addition to other evidence in a motor vehicle accident attorney vehicle accident. This kind of evidence can be used to identify the perpetrators or criminals, or provide details on how the incident occurred. However there is a huge research that indicates that eyewitness identifications are often in error.

For example, witnesses are more likely to make mistakes in recalling the color of an object or its shape. Furthermore perceptual distortions like fading memories can also distort a witness's memory of an incident.

Witness memory can also be altered when a witness receives leading questions or information. Researchers found that in one study where participants were instructed to estimate the speed of a car affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention, capability, stress level, health issues, prejudice, previous experience, cognitive state, confidence or degree of certainty in the form of suggestion, bias lineups and racial or individual bias.

Although many experts affirm that eyewitness testimony can be relied upon there is a need to sensitize jurors and law enforcement agencies about the potential for error in this type of evidence. In certain cases, incorrect eyewitness testimony has been responsible for wrongly convicted people and even murder. For instance, in 2018 the Innocence Project was able to prove that the fingerprints on a cup used by witnesses to identify the suspect in a burglary not that of Royal Clark's.

Vehicle Inspection

As a rule inspections of vehicles are required each year. Some vehicles, such as those that are privately owned or with expired inspection stickers may require more frequent inspections. It is also required in certain circumstances, like when residents of New York moves and needs to change their address, that the vehicle be inspected prior to the new stickers can be issued.

An inspector will first verify certain details, such as the make and model of the vehicle as well as the date of registration as well as the odometer reading. on. 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 a number of checklists that will ensure that thorough inspections are completed, which includes checking for things like corrosion or suspension parts.

Drivers are expected attentive on the road and to look out for pedestrians, other drivers and other potential hazards. Failure to do this could be considered negligence. Drivers must also keep control at all times. A vehicle that is not in good condition can lead to a loss of control of the vehicle that can result in severe injuries. The manufacturer of a vehicle may be held responsible for the accident when it was caused by an automobile defect or component part.

Components or parts that are defective

To ensure that a vehicle functions correctly, thousands and thousands of tiny mechanical parts and electrical components have to work together. When one of these components fails, the results can be catastrophic. Often, these accidents result from manufacturing defects or other problems in the design or construction of a particular part. If a defective part of a vehicle is at the root of an accident, the person responsible for the accident could be liable to compensate victims for injuries.

Many people believe that all auto accidents occur due to human error. While 94 percent of them are due to driver errors, there are also other factors, such as road conditions or defective parts that can cause an accident.

Defective components of a car include brakes, seats, airbags, tires or any other part that fails to function according to the specifications and cause an accident. Sometimes, these issues are caused by aftermarket improvements that weren't made with the same level of care as the original components on a vehicle. Sometimes, the issue is found in the original design of a component.

The manufacturers are required to make cars that meet minimum safety standards. If the vehicle, or any of its components, was not designed or constructed in accordance with these standards, the maker could be held accountable for any damage resulting from an accident caused by a defective part.

Insurance Coverage

In most states, motorists are required to have insurance if their negligence or misconduct causes harm to others. Liability coverage includes bodily injuries liability and property damage liabilities.

The bodily injury liability covers medical expenses as well as those of other people injured by your vehicle in an accident as long as you meet the policy limit. There is typically an amount for each injured person, and a limit for all property damage. Certain insurance companies offer policies with greater limits for these types of damages.

Property damage insurance will cover to repair or replace your car when it is damaged any way other than collision. This includes fire, theft windstorm, or impact from a deer. This insurance may also cover damage caused by driving over potholes. This type of insurance is mandatory in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, though some require it only when the at-fault driver has no insurance or inadequate insurance. This insurance covers you or your passengers for your loss of property and medical expenses if the at-fault driver does not have insurance, is uninsured, or in a hit-and-run crash.