What Is a motor vehicle accident lawyers (
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motor vehicle accident attorney vehicle case is a personal injury lawsuit that involves the motor vehicle involved in an accident. Although most cases are governed by the common law principles of negligence, there are a number of issues specific to this area of practice.
Under New York law, owners of vehicles are responsible for any accidents that occur when their vehicles are operating without their permission, either express or implied. Our legal team is dedicated to handling these cases on a contingent fee basis.
Eyewitness Testimony
Eyewitness testimony can provide an important addition to other evidence in a motor vehicle accident. This type of testimony typically aids in identifying the culprit of a crime or provide information about the circumstances of the crash. However there is a huge body of research indicating that eyewitness accounts can be extremely inaccurate.
For example, witnesses tend to make errors in recalling the color of an object or its shape. Perceptual distortions, like faded memories, may make a person forget the exact incident.
Additionally, the memory of witnesses can be affected by questions that lead to 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 influenced their answers. Other factors that affect the accuracy of eyewitness accounts include age, attention level, skill, stress, health conditions and prejudice.
Although many experts will insist on the credibility of eyewitness testimony but it is essential to educate jurors and law enforcement agencies members about the possibility for error. In some cases, incorrect eyewitness testimony has been responsible for wrong convictions, and even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup that a witness had used to identify the suspect in a burglary, were not Royal Clark's.
Vehicle Inspection
In general, vehicle inspections must be conducted every year. Certain vehicles, like those sold privately or those with expired inspection stickers, may require regular inspections. It is also mandatory for certain situations, for instance when residents of New York moves and needs to change their address, that their vehicle is inspected before the new stickers are issued.
An inspector will first verify a few details like the make and model of the vehicle and the registration date and odometer read, and so on. The inspector then will inspect the vehicle, starting with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are numerous checklists to ensure that an accurate inspection is done, including the detection of things like corrosion or suspension parts.
Drivers are expected to remain vigilant on the roads and to look out for other drivers, pedestrians and any potential hazards. In the event of a crash, it could be construed as negligence. A driver must also be in control at all the time. A vehicle with a defect could cause the vehicle to lose control, resulting in serious injuries. The manufacturer of the vehicle could also be held accountable for the accident in the event that it was caused by an auto defect or component part.
Defective Components or Parts
To function effectively, thousands of tiny electrical and mechanical components must work in harmony. When one of these parts fails, the consequences can be catastrophic. Usually, these incidents result from manufacturing defects or other problems in the construction or design of a specific component. When a malfunctioning car part is the cause of an accident, the responsible party may be liable for the payment of the victims of the crash for their injuries.
Many people believe that all car accidents are caused by human error. While the majority of car accidents are caused by driver error, there are other factors that can trigger a crash like road conditions and deficient auto parts.
Defective auto parts include brakes, airbags, seatbelts and tires or any other component that can fail to perform as intended, resulting to an accident. These defects can be the result of parts sold by the aftermarket that weren't created with the same care as original components on a car. Other times, the defect can be found in the design of a specific part.
Manufacturers are required by law to make vehicles that meet minimum safety standards. If the vehicle, or any parts of it, was not built or designed to these specifications the manufacturer could be held accountable for any damages that result from an accident caused by a defective part.
Insurance Coverage
In many states, drivers are required to have insurance if their recklessness or conduct causes harm to other drivers. Liability coverage includes bodily injuries liability and property damage liabilities.
Bodily injury liability is a way to pay for your medical bills as well as the medical bills of anyone else injured in a crash caused by your car up to the limits of your policy. There is typically a limit for each injured person as well as a limit for all property damage. Some insurers offer policies that have higher limits on the kind of damages.
Property damage insurance will pay to repair or replace your car when it is damaged in any way other than by collision. This includes fire, theft, windstorm, and collisions with deer. It can also protect your vehicle from damage from driving through potholes. This type of insurance is required in New York and some other states.
In many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states only require it when the driver at fault does not have insurance. The coverage pays for property and medical expenses in the event that the at-fault driver does not have insurance or is underinsured.