What Is a Motor Vehicle Case?

A motor vehicle accidents vehicle case is a personal injury lawsuit that is based on a motor vehicle Accident law firm vehicle accident. While the majority of cases are subject to common law principles but there are some legal issues that are unique to this specific area.

According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were being operated with their explicit or implied consent. Our legal team tackles these cases on an emergency basis.

Eyewitness Testimony

Eyewitness testimony can be an invaluable addition to other evidence in a motor vehicle accident attorney vehicle crash. This type of testimony can be used to identify the perpetrators or criminals, or provide information on what caused the accident. However there is a huge collection of studies that show eyewitness testimony can be wildly inaccurate.

Witnesses, for instance, are prone to making mistakes in recollecting the hue of an object or its shape. Additionally, perceptual distortions -- like fading memories -- can also affect a person's memory of a specific incident.

Witness memory can also be impaired when a witness receives specific questions or facts. For instance, researchers in one study found that asking participants to estimate how fast the car was moving affected their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention, skills, stress levels health issues, prejudice, previous experience, cognitive state, confidence or level of certainty and suggestive questions, biased lineups and racial or individual bias.

Although many experts will insist on the credibility of eyewitness testimony however it is important to educate jurors and law enforcement agencies members about the possibility for errors. In a few cases, faulty eyewitness testimony has been responsible for wrong convictions, and motor vehicle accident law firm even murder. For instance, in 2018, the Innocence Project was able to prove that the fingerprints on the cup used by a witness to identify the suspect in a burglary were not those of Royal Clark's.

Vehicle Examination

As a general rule inspections of vehicles are required to take place every year. Certain vehicles might need to be regularly inspected, such as those that are sold via private sales or with an expiring inspection sticker. It is also mandatory in certain situations, like when residents of New York moves and needs to change their address, that their vehicle be inspected before the new stickers are issued.

When an inspector conducts an inspection, they begin by confirming certain details such as the vehicle's make and model and registration date, its odometer reading, and so on. The inspector will then inspect the vehicle, beginning with the obvious parts like the mirrors and windshields as well as the lights and horn. There are various checklists that ensure a thorough examination has been conducted, which includes inspecting things like rust and suspension parts.

Drivers must be alert and watch out for pedestrians, motorists, and other potential dangers. The failure to do so could constitute negligence. The driver must also keep control at all times. A vehicle that is not in good condition can result in a loss of control of the vehicle which could cause serious injuries. It is also possible that the vehicle's manufacturer could be found liable under the law on product liability in the event of an accident caused by an issue with the vehicle or the components of it.

Defective Parts or Components

To ensure that a vehicle functions correctly, thousands and thousands of tiny mechanical parts and electrical components must work together. If one of these components malfunctions, the result could be devastating. These accidents are often the result of manufacturing faults or other problems in the design or construction of an element. If a component that is defective in an automobile is the cause of an accident, the party responsible for the accident could be responsible for compensating victims for injuries.

Many people believe that all auto accidents are caused human error. While 94 percent of car crashes are caused by driver error, there are other factors that can cause a crash including road conditions, and defective auto parts.

Defective car parts include brakes airbags, seatbelts, tires or any other component which may fail to function as designed and lead to an accident. Sometimes, these flaws result from aftermarket enhancements that weren't designed with the same care as the original parts on a vehicle. Sometimes, the issue is in the original design of a specific component.

Manufacturers are required to create vehicles that meet minimum safety standards. If the vehicle, or one parts of it, was not constructed or designed according to meet these standards, then the manufacturer could be held accountable for any damages resulting from an accident caused by a defect in the part.

Insurance Coverage

In many states, drivers are required to have insurance if their recklessness or misconduct causes harm to other drivers. Liability insurance covers bodily injury as well as property damage liabilities.

Bodily injury liability pays for your medical expenses and the medical bills of others injured in a crash caused by your vehicle up to the limits of your insurance policy. There is typically a limit per injured person, and a limit for property damage in all forms. Certain insurers offer optional policies that have greater limits for these types of damages.

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

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states only require it when the driver at fault has no insurance. This insurance covers you or your passengers for loss of property and medical expenses if the driver at fault has no insurance, is underinsured or in a hit-and-run crash.