What Is a Motor Vehicle Case?
A
motor vehicle accident lawsuits vehicle case is a personal injury lawsuit involving a
motor vehicle accident. Although most cases are governed by common law concepts of negligence but there are a range of issues specific to this area of practice.
According to New York law, owners of vehicles are responsible for any accidents that occur when their vehicles are operated with their permission, express or implied. Our dedicated legal team handles these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can be a useful supplement to other evidence related to motor vehicle-related cases. This kind of evidence can be used to identify the perpetrators of crimes or provide details on how the incident occurred. However, there is a wide body of research indicating that eyewitness identifications are often inaccurate.
For instance, witnesses tend to make errors in recalling the color of an object or its shape. Perceptual distortions, such as memory loss, may cause a person to miss the specific event.
Witness memory can also be impaired when witnesses are given crucial questions or details. For instance, researchers in one study found that asking participants to estimate the speed at which a car was traveling influenced their answers. Other factors that influence the accuracy of eyewitness testimony include age, attention, ability, stress level and health conditions, prejudice, prior experience, cognitive state, confidence or degree of certainty and suggestive questions, biased lineups and racial or personal bias.
While many experts say that eyewitness evidence can be relied upon, there is a need to educate law enforcement agencies and jurors about the potential for error in this kind of evidence. In some instances, inaccurate eyewitness testimony is responsible for wrongly convicted people and even murder. For instance, in 2018,
Motor Vehicle accident the Innocence Project was able to show that the fingerprints of the cup used by witnesses to identify the suspect in a burglary were not Royal Clark's.
Vehicle Examining
In general inspections for vehicles should take place every year. Certain vehicles, like those sold privately or those with inspection stickers that are expired, may require periodic inspections. In certain instances, such as when someone who is a New York resident moves and requires a change of address, it is mandatory that the vehicle be examined prior to issuance of new stickers.
When an inspector conducts an inspection, they begin by verifying a few details such as the car's model and make, its registration date, its odometer reading, and other such details. The inspector then will inspect the vehicle, starting with the obvious areas such as the mirrors and windshields, the lights and the horn. There are many checklists to make sure that an exhaustive inspection is performed, including looking for things like suspension components or rust.
Drivers need to be alert and alert for pedestrians, motorists, and potential dangers. Failure to do so could be construed as negligence. A driver must also be in control at all at all times. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. A car's manufacturer could be held responsible for the accident in the event that it was caused by an automobile defect or component part.
Defective Parts or Components
For a vehicle's operation to run properly, thousands of tiny mechanical and electrical components must work together. If one of these components is damaged, the result can be catastrophic. These accidents are usually caused by manufacturing defects or other issues in the design or construction of a certain part. If a defect in the design or construction of a vehicle is the reason of an accident, then the person who caused the accident may be liable to compensate victims for injuries.
Many people believe that all auto accidents are caused by human error. While 94 percent of them are due to driver errors however, there are other factors, such as road conditions and defective parts that could cause an accident.
Defective car parts include brakes airbags, seatbelts, tires or any other part that fails to function according to the specifications and cause an accident. Sometimes, these issues are caused by aftermarket modifications that weren't made with the same care as the original parts on vehicles. Sometimes, the problem could be in the design of a specific component.
Manufacturers are required to make cars that meet minimum safety standards. If the vehicle, or any of its parts, was not constructed or designed according to these specifications the manufacturer may be held liable for any damage resulting from an accident caused by a defective component.
Insurance Coverage
In many states, drivers are required to have insurance if their negligence or conduct results in harm to others. Liability coverage includes bodily injury liability and property damage liability.
Bodily injury liability pays for your medical bills and the medical bills of anyone else injured in a collision caused by your vehicle, up to the limits set by the policy. Typically there is a separate limit per person injured and a single limit for the total amount of property damage. Certain insurance companies offer policies that have greater limits for these types of damages.
Property damage coverage will pay to repair or replace your car if it is damaged in any other way than collision. This includes theft,
Motor Vehicle Accident fire storm, windstorm, or even the impact of a deer. It may also protect your vehicle from damage 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, though some require it only when the at-fault driver does not have insurance or has inadequate insurance. This coverage covers your medical and property damage in the event that the driver at fault does not have insurance or is not insured.