What Is a Motor Vehicle Case?
A
motor vehicle accidents vehicle case refers to any personal injury lawsuit that results from a
motor vehicle accident. While the majority of cases are governed by common-law concepts but there are some legal issues that are unique to this particular area.
Under New York law, owners of vehicles are liable for accidents that happen while their vehicles are operating without their permission, either express or implied. Our legal team takes care of these cases on a contingency fee basis.
Eyewitness Testimony
Eyewitness testimony is a powerful addition to other evidence related to motor vehicle related cases. This type of testimony can be used to identify the perpetrators of crime or provide details on the circumstances of the accident. However there is a huge body of research indicating that eyewitness identifications are often inaccurate.
Witnesses are susceptible to make errors when recalling an object's color or shape. Perceptual distortions, such as fading memories, can also cause a person to miss an incident.
Additionally, the memory of witnesses can be distorted by leading questions or other information that is provided to witnesses. For example, researchers in one experiment found that telling participants to estimate how fast the car was travelling affected their responses. Other factors that affect the reliability of eyewitness testimony include age, attention skills, stress levels and health conditions, prejudice, prior experiences, cognitive state confidence or level of certainty as well as a suggestion of questioning, biased lineups and personal or
motor vehicle accident racial bias.
Even though many experts will affirm that eyewitness testimony can be relied upon however, it is important to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In a few cases, faulty eyewitness testimony has been responsible for wrongful convictions and even murder. In the case of 2018, for instance, the Innocence Project was able to establish that the fingerprints on the cup used by a witness to identify the suspect in a burglary not the Royal Clark's.
Vehicle Examining
In general inspections of vehicles are required each year. Certain vehicles, for instance those sold privately or those with expired inspection stickers may require regular inspections. It is also mandatory for certain situations, like when a resident 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 a few details including the model and make of the car and the registration date, odometer reading and so on. The inspector will then inspect the vehicle, beginning with the obvious areas like the mirrors and windshields, the lights and the horn. There are several checklists to ensure a thorough inspection is performed, including checking for things such as suspension components or rust.
Drivers are expected attentive on the road and to keep an eye out for pedestrians, other drivers and other potential hazards. In the event of a crash, it could be regarded as negligence. It is also a driver's duty to maintain control of their vehicle at all the time. A defective vehicle can cause a loss of control of the vehicle, which could result in serious injuries. It is also possible that the manufacturer of the vehicle could be held accountable under product liability laws if the accident was caused by a defect in the vehicle or any of its components.
Parts or Components that are defective
In order to make a vehicle function correctly, thousands and thousands of tiny mechanical parts and electrical components have to work together. When one of these parts is damaged, the result can be disastrous. Usually, these incidents are the result of manufacturing defects or other problems in the construction or design of a particular part. If a defect in the design or construction of a car is the cause of an accident, the party responsible for the accident may be liable to compensate victims for injuries.
Many people believe that all auto accidents happen due to human error. While the majority of car accidents result from driver error, there are other factors that can cause a wreck such as road conditions and defective auto parts.
Defective components of a car include brakes, seats, airbags, tires or any other component that fails to function in the way it was designed and result in an accident. Sometimes, these problems result from aftermarket modifications that weren't made with the same care as the initial parts on vehicles. Sometimes, the defect can be found in the original design of a part.
Manufacturers are required to produce cars that meet minimum safety standards. If the vehicle or its components were not constructed or designed to these specifications the manufacturer could be held liable in a lawsuit involving product liability for any damage that occurs in the event of an accident caused by the defective component.
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 and property damage liability.
The bodily injury liability covers your medical expenses and those of others who are injured by your car in an accident up to the limit of your policy. There is typically a limit for each injured person, and a limit for property damage in all forms. Some insurers offer optional policies with higher limits for these kinds of damages.
Property damage coverage will pay to repair or replace your car when it is damaged any other way than an accident. This includes fire, theft or windstorm, as well as collisions with deer. This insurance may also cover damage caused by driving over potholes. This type of insurance is required in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, though some states only require it if the driver at fault has no insurance or insufficient insurance. This insurance covers property and medical damages in the event that the driver at fault has no insurance or is underinsured.