What Is a Motor Vehicle Case?

A motor vehicle accident law firms vehicle case is a personal injury lawsuit involving an accident involving a motor vehicle. While most cases are governed by standard common-law concepts of negligence, there are a number of particular issues that pertain to this particular practice area.

Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are being operated without their permission, either express or implied. Our legal team is able to handle these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can be a useful supplement to other evidence in relation to motor vehicle accident law firm vehicle related cases. This kind of evidence can be used to identify the perpetrators of crime or provide information about how the incident occurred. However, there is a wide amount of evidence that suggests eyewitness accounts can be extremely in error.

Witnesses are more likely, for example, to make errors when attempting to recall an object's colour or shape. In addition perceptual distortions like fading memories -- can alter a witness's memories of a particular incident.

Witness memory can also be altered when witnesses are given leading questions or information. Researchers discovered that in one study, telling participants to estimate the speed of a vehicle influenced their responses. Other factors that influence the reliability of eyewitness testimony include age, attention skills, stress levels as well as health conditions, prejudice, prior experiences, cognitive state confidence or degree of certainty and suggestive questions, biased lineups, and racial or personal bias.

Even though many experts will 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 instances, eyewitness testimony that is not correct 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 not the Royal Clark's.

Vehicle Examination

As a rule vehicle inspections are required each year. Certain vehicles may need to be checked more often for instance, those that are sold through private sales or with an expired inspection sticker. It is also mandatory for certain situations, like when residents of New York moves and needs to change their address, it is required that the vehicle be inspected prior to the new stickers are issued.

When an inspector conducts an inspection, they begin by checking a few details such as the car's model and make and registration date and odometer reading and so on. They then examine the car itself, beginning with the most obvious areas like mirrors, the windshields, the lights, and the horn. There are numerous checklists that ensure a thorough examination has taken place, including looking for things like rust and suspension parts.

Drivers are expected to remain vigilant on the road and to look out for pedestrians, other drivers and other potential hazards. Failure to do so could be construed as negligent. A driver must also maintain control at all the time. A vehicle with a defect could result in a loss of control over the vehicle, which could cause serious injuries. It is also possible that the manufacturer of the vehicle may be found to be liable under the law of product liability if the accident was caused by a defect in the vehicle or any of its components.

Components or parts that are defective

For a vehicle to function effectively, thousands of tiny electrical and mechanical parts must function. If one of these parts fails, the results can be disastrous. Often, these accidents are the result of manufacturing defects or other issues in the construction or design of a specific component. If a defective part of a vehicle is the reason of an accident, the party accountable for the incident could be liable to compensate victims for their injuries.

Many people believe that all car accidents are caused by human error. While 94 percent are caused by driver mistakes however, vehicle there are other factors like road conditions and defective parts that can cause an accident.

Defective auto parts include brakes, tires, seatbelts and airbags or any other device that is unable to perform as intended, leading to an accident. These issues could be the result of parts sold by the aftermarket that weren't created with the same care as original components of a car. Sometimes, the problem could be in the original design of a particular part.

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

Insurance Coverage

The majority of states operate under the tort liability system which requires drivers to be insured in the event that their conduct or negligence causes injury to another. Liability insurance covers bodily injuries liability and property damage liabilities.

The bodily injury liability covers your medical costs and those of others injured by your car in an accident in excess of the limit of your policy. There is usually a limit for each injured person as well as a limit for property damage in all forms. 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 collision with another car or object, such as theft, fire, windstorm and the impact of a deer. This coverage may also cover damage that is caused by driving through potholes. This type of insurance is required in New York and some other states.

In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states only require it if the driver at fault has no insurance. This coverage reimburses you or your passengers for your medical and property losses when the at-fault driver has no insurance, is not insured or is involved in a hit-and run crash.