What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves an accident involving a motor vehicle. Although the majority of cases are governed by common law concepts of negligence, there are a number of issues specific to this particular practice area.

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

Eyewitness Testimony

Eyewitness testimony can be a valuable supplement to other evidence in a rapid city motor vehicle accident lawsuit vehicle accident. This type of testimony can be used to identify the perpetrators of crimes or provide details on how the incident occurred. There is a large body of evidence that shows eyewitness identifications are usually inaccurate.

Witnesses, for instance, are prone to making mistakes in recollecting the hue of an object or its shape. Perceptual distortions, for example, fading memories, can also cause a person to forget the specific moment.

Furthermore, memory of witnesses can be distorted by leading questions or other information given to a witness. For instance, in one experiment found that telling participants to estimate how fast the car was moving affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention skill, stress level health conditions, prejudice, previous experiences, cognitive state confidence or level of certainty and suggestive questions, biased lineups and personal or racial bias.

Although many experts affirm that eyewitness testimony can be trusted but there is a need to sensitize law enforcement agencies and jurors about the potential for error in this kind of evidence. In some cases, eyewitness testimony that was incorrect has led to incorrect convictions or even murder. For instance, in 2018, the Innocence Project was able to show that the fingerprints of the cup used by witnesses to identify the suspect in a burglary were not that of Royal Clark's.

Vehicle Examining

As a rule inspections for vehicles are required every year. Certain vehicles might need to be inspected more frequently like those being sold privately or have an expiring inspection sticker. It is also mandatory for certain circumstances, like when a resident of New York moves and needs to change their address, it is required that the vehicle be inspected prior to the new stickers can be issued.

When an inspector conducts an inspection, they begin by checking some details, such as the car's model and make as well as the date of registration as well as the odometer reading and others. They then examine the vehicle itself, starting with the most obvious areas like the mirrors, lights, windshields and the horn. There are a number of checklists that will ensure that an exhaustive inspection is done, including the detection of things like corrosion or suspension parts.

Drivers must be vigilant and watch out for pedestrians, motorists, and potential dangers. Failure to do so could be viewed as negligence. It is also a driver's responsibility to ensure that they are in control of their vehicle at all times. A defective vehicle can cause a loss in control of the vehicle which could result in serious injuries. It is also possible that the car's manufacturer could be held liable under the law on product liability when the accident was caused by a defect in the car or the parts that make it up.

Parts or Components that are defective

For a vehicle's operation to run effectively, thousands of tiny electrical and mechanical components must work in harmony. If one of these components is damaged, the result can be catastrophic. These accidents are often due to manufacturing errors or other issues with the construction or Vimeo design specific part. When a defective car part is the cause of an accident, the person responsible is likely to be responsible for paying the crash victims for their injuries.

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

Defective car parts include brakes airbags, seatbelts, tires or any other part which may fail to function as intended and lead to an accident. Sometimes, these defects result from aftermarket improvements that weren't made with the same level of care as the initial parts on the vehicle. Sometimes, the defect can be found in the original design of a piece.

Manufacturers are required to create vehicles that meet minimum safety standards. If a vehicle, or any of its parts, was not designed or built in accordance with these standards, the maker could be held responsible for any damages resulting from an accident caused by a defective component.

Insurance Coverage

The majority of states operate under the tort liability system which requires drivers to have insurance in case their misconduct or negligence causes injury to another. Liability insurance covers bodily injury liability and property damage liabilities.

Bodily injury liability pays for your medical expenses and the medical bills of others injured in a collision caused by your car up to the policy limits. There is typically a limit per injured person as well as a limit for all property damage. Some insurance companies offer policies that have higher limits on these kinds of damages.

Insurance for property damage will repair or replace your vehicle if it is damaged by something other than a collision with a vehicle or object, such as theft, fire, windstorm and the impact of a deer. It could also cover damage to your car caused by driving on potholes. This type of coverage is mandatory in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, though some states only require it if the at-fault driver does not have insurance or insufficient insurance. This insurance covers property and medical damages in the event that the driver at fault has no insurance or is not insured.