What Is a Motor Vehicle Case?

A motor vehicle accident lawyers (related website) vehicle case is a personal injury lawsuit that involves the accident of a motor vehicle. While most cases are governed by standard common-law concepts of negligence but there are a range of specific issues pertaining to this practice.

Under New York law, owners of vehicles are responsible for accidents that occur while their vehicles are operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a powerful addition to other evidence in relation to motor vehicle accident law firms vehicle-related cases. This type testimonies often helps to identify the criminal or provide specifics about how the crash took place. There is a wealth of research that suggests that eyewitness accounts are often not accurate.

Witnesses are likely, for example, to make a mistake when attempting to recall an object's colour or shape. Perceptual distortions like faded memories can cause a person to forget the specific event.

Witness memory can also be affected when a witness is presented with crucial questions or details. For instance, in one study found that asking participants to estimate the speed at which the car was travelling influenced their answers. Other factors that influence the credibility of eyewitness testimony include age, attention skill, stress level, health conditions, prejudice, prior experience, cognitive state, confidence or degree of certainty and suggestive questions, biased lineups and personal or racial bias.

While many experts say that eyewitness evidence can be relied upon but there is a need to sensitize jurors and law enforcement agencies about the possibility of error in this kind of evidence. In certain cases, incorrect eyewitness testimony has led to for wrongful convictions or even murder. In 2018 the Innocence Project proved that the fingerprints on a cup that a witness had used to identify the suspect in a burglary, not Royal Clark's.

Vehicle Examination

As a general rule inspections of vehicles must be conducted every year. Certain vehicles, like private-label vehicles or those with expired inspection stickers, might require more frequent inspections. In certain situations, like when an New York resident moves and must update their address, it is required to have the vehicle examined prior to issuance of new stickers.

When an inspector conducts an inspection they begin by checking some details, such as the car's model and make, its registration date and the odometer's reading, and the list goes on. They then examine the car itself, beginning with the obvious areas such as the mirrors, windshields, lights and horn. There are various checklists that ensure that a thorough inspection has taken place, including the inspection of things like rust and suspension components.

Drivers must be alert and keep an eye out for pedestrians, other motorists and potential hazards. Inability to do this could be viewed as negligence. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is defective can cause a loss in control over the vehicle, which can cause severe injuries. It is also possible that the car's manufacturer could be held accountable under the laws of product liability if the accident was caused by a defect in the car or any of its components.

Defective Components or Parts

For a vehicle to function properly, thousands of tiny mechanical and electrical components must work together. If one of these components is damaged, the result can be devastating. Usually, these incidents are the result of manufacturing defects or other problems in the design or construction of a specific component. When a malfunctioning car part is the reason for an accident, the person responsible could be responsible for compensating the crash 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 errors There are also other factors, such as road conditions and defective components that could cause an accident.

Defective auto parts include brakes and tires, seatbelts and airbags or any other component which may not function as designed, leading to an accident. Sometimes, these flaws result from aftermarket enhancements that weren't made with the same level of attention to detail as the original parts on the vehicle. Sometimes, the problem may be present in the design of a specific component.

Manufacturers are required by law to make vehicles that meet minimum safety standards. If a vehicle, or even one of its components, was not constructed or designed according to these specifications the manufacturer could be held responsible for any damages resulting from an accident caused by a defective part.

Insurance Coverage

In most states, motorists are required to carry insurance in the event that their carelessness or conduct can cause harm to others. Liability coverage includes bodily injury liability as well as property damage liability.

The bodily injury liability covers your medical costs as well as those of other people injured by your car in an accident, up to the policy limit. Typically there is a separate limit per person injured and a single limit for the total amount of property damage. Certain insurance companies offer policies that have higher limits on the kind of damages.

Insurance for property damage will pay to repair or replace your car when it is damaged in any way other than by a collision. This includes fire, theft or windstorm, as well as the impact of a deer. It may also protect your vehicle from damage caused by driving on potholes. This type of insurance is mandatory in New York and some other states.

In many states the uninsured or underinsured driver insurance (UM/UIM) is required in many states. However, certain states require it only when the driver at fault has no insurance. The coverage pays you or your passengers for your loss of property and medical expenses if the at-fault driver is not insured, has no insurance, is uninsured or involved in a hit and run accident.