What Is a Motor Vehicle Case?

A motor vehicle accident lawsuit vehicle case is a personal injury lawsuit that involves the accident of a motor vehicle. While the majority of cases are guided by common law concepts of negligence There are a few of particular issues that pertain to this particular practice area.

According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were operating with their express or implied permission. Our legal team takes on these cases as an incidental basis.

Eyewitness Testimony

Eyewitness testimony can provide a valuable supplement to other evidence in a motor vehicle accident law Firms vehicle case. This type testimonies often aids in identifying the culprit of a crime or provide specifics about the circumstances of the crash. However there is a huge body of research indicating that eyewitness identifications are often incorrect.

Witnesses are more likely, for example, to make a mistake when recalling an object's color or shape. Perceptual distortions like faded memories can cause a person to miss an moment.

In addition, the memory of witnesses may be altered by leading questions or other information that is provided to witnesses. For instance, in one study found that asking participants to estimate the speed at which the car was going influenced their answers. Other factors that affect the accuracy of eyewitness testimony include age ability, attention level, stress, health conditions and prejudice.

Although many experts say that eyewitness evidence can be relied upon but there is a need to sensitize law enforcement agencies and jurors regarding the possibility of errors in this kind of evidence. In some cases, incorrect eyewitness testimony has been the cause for wrong convictions, and even murder. In 2018 the Innocence Project proved that the fingerprints found on a coffee cup that a witness used to identify the suspect during a burglary, were not the signatures of Royal Clark's.

Vehicle Examining

In general, vehicle inspections are required every year. Certain vehicles may need to be checked more often like those sold at private sales or with an expiring inspection sticker. In certain situations, for instance, when someone who is a New York resident moves and has to change their address, it's mandatory that the vehicle be examined prior to the issuance of new stickers.

A forensic examiner will first verify a few details including the make and model of the vehicle and its registration date and odometer read, and so on. The inspectors then start to look at the car itself, beginning with the obvious areas like mirrors, the windshields, the lights, and horn. There are several checklists to make sure that an accurate inspection is performed, including the detection of things like corrosion or suspension parts.

Drivers are expected to be attentive on the road and to look out for pedestrians, other drivers and any potential hazards. Failure to do this could be considered a breach of the law. A driver must also be in control at all at all times. A vehicle with a defect could cause the vehicle to lose control, resulting in serious injuries. The manufacturer of a vehicle may be held accountable for the accident in the event of an auto defect or component part.

Parts or Components with Defective Components

To ensure that a vehicle functions properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these parts fails, the results can be catastrophic. Most often, these accidents result from manufacturing defects or other problems in the design or construction of a particular part. If a car component that is defective is the cause of an accident, the party responsible may be liable to compensate the victims of the crash for their injuries.

Many people believe that all auto accidents are caused human error. While 94 % of car crashes are caused by driver errors, there are other factors that can cause a wreck like road conditions and deficient auto parts.

Defective car parts include brakes, airbags, seatbelts, tires or any other component that may not function as designed and lead to an accident. Sometimes, these problems are caused by aftermarket modifications that were not designed with the same level of care as the original components on the vehicle. Sometimes, the problem is found in the original design of a component.

The manufacturers are required to make cars that meet the minimum safety standards. If the vehicle or its components were not manufactured or designed to these specifications, the manufacturer may be held responsible in a product liability lawsuit for any damage that occurs as a result of an accident that was caused by the defective component.

Insurance Coverage

Most states use a tort liability system that requires drivers to have insurance in the event that their actions or negligence causes injury to others. Liability coverage includes bodily injuries and property damage liability.

Bodily Injury liability covers your medical bills as well as the medical bills of anyone else injured in a collision caused by your car, up to the limits of your insurance policy. Typically there is an individual limit for each person injured and a single limit for the total amount of property damage. Certain insurance companies offer policies with higher limits for these types of damages.

Property damage insurance pays to repair or replace your vehicle when it is damaged due to something other than a collision with another car or object, like windstorm, fire, theft and the impact of a deer. It may also cover damage to your car from driving over potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, although some require it only when the driver at fault is not insured or has inadequate insurance or inadequate insurance. The coverage pays you or your passengers for injuries to property and medical expenses when the driver at fault has no insurance, is uninsured, or is involved in a hit-and run crash.