What Is a
motor vehicle accident law firm Vehicle Case?
A motor vehicle lawsuit is any personal injury lawsuit that is based on a
motor vehicle accident. While the majority of cases are governed by common law however, there are a few issues that are unique to this area.
According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were being operated with their explicit or implied consent. Our legal team is able to handle these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an excellent addition to other evidence in a
motor vehicle accident. This type of testimony often assists in identifying the criminal or provide information about the circumstances of the crash. However there is a huge research that indicates that eyewitness identifications can be highly inaccurate.
Witnesses, for instance, are susceptible to making errors in recollecting the hue of an object or its shape. Furthermore, perceptual distortions -- like fading memories can also distort a witness's memory of an event.
Witness memory can also be distorted if a witness is given leading questions or information. For instance, researchers in one study found that asking participants to estimate the speed at which a car was traveling affected their responses. Other factors that impact the accuracy of eyewitness testimony include age ability, attention level as well as stress, health conditions and prejudice.
Although many experts affirm that eyewitness testimony can be trusted, there is a need to sensitize law enforcement agencies and jurors regarding the possibility of errors in this kind of evidence. In some cases eyewitness testimony that was incorrect can lead to wrongful convictions or even murder. In 2018 the Innocence Project proved that the fingerprints found on a coffee cup that a witness used to identify a suspect in a burglary, were not Royal Clark's.
Vehicle Examining
As a rule vehicle inspections are required every year. Certain types of vehicles, like those that are privately owned or that have expired inspection stickers may require more frequent inspections. It is also mandatory in certain circumstances, like when a resident of New York moves and needs to change their address, that their vehicle is inspected prior to when the new stickers can be issued.
When an inspector conducts an inspection they begin by verifying some of the details like the car's model and make as well as the date of registration, its odometer reading, and so on. The inspector will then inspect the vehicle, beginning with the obvious areas, such as the windshields and mirrors, the lights and the horn. There are a variety of checklists to assure that a thorough inspection of the vehicle is completed, which includes inspecting things like suspension parts that are rusty and rusty.
Drivers must be vigilant and alert for other motorists, pedestrians and potential dangers. Failure to do so could be construed as negligent. Drivers must also keep control at all the time. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. It is also possible that the manufacturer of the vehicle could be held liable under product liability laws in the event of an accident caused by a defect in the vehicle or its component parts.
Defective Parts or Components
To ensure that a vehicle functions effectively, thousands and millions of tiny mechanical components and electrical components must work together. If one of these components is damaged, the result can be catastrophic. Most of the time, these accidents are the result of manufacturing defects or other problems in the construction or design of a particular part. When a defective car part is the cause of an accident, the responsible party could be responsible for compensating the victims of the crash for their injuries.
Many people believe that all accidents involving cars are caused by human error. While nearly 94 percent of car accidents are caused by driver error however, there are other elements that can cause a wreck such as road conditions and defective auto parts.
Defective components of a car include brakes, seatbelts and tires, airbags and any other component that may not function according to the specifications and cause an accident. These issues could be the result of parts purchased from an aftermarket store that were not constructed as well as the original components on a car. Sometimes, the problem may be present in the original design of a particular part.
Manufacturers are required to make cars that meet the minimum safety standards. If the vehicle or
motor vehicle accident its components were not manufactured or designed according to these standards the manufacturer could be held liable in a product liability lawsuit for any damages that result in the event of an accident caused by the defective component.
Insurance Coverage
Most states use an insurance system called tort liability that obliges drivers to carry insurance in the event their actions or negligence causes injury to others. Liability insurance covers bodily injury liability as well as property damage liability.
The bodily injury liability covers medical expenses and the medical expenses of anyone else injured by your car in an accident as long as you meet the policy limit. Typically, there is an individual limit for each person injured and a unified limit for the total amount of property damage. Some insurance companies offer policies with higher limits for the kind of damages.
Property damage insurance will repair or replace your vehicle if it is damaged by something other than a collision with another car or object, such as theft, fire, windstorm and the impact of a deer. This insurance may also be used to cover damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.
In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required. However, some states require it only when the driver at fault does not have insurance. This insurance covers medical and property damages in the event that the driver at fault has no insurance or is uninsured.