What Is a Motor Vehicle Case?

A motor vehicle accident attorney vehicle case is a personal injury lawsuit that relates to a motor vehicle accident. While the majority of cases are governed by common law but there are some legal issues that are specific to this field.

Under New York law, owners of vehicles are responsible for accidents that occur when their vehicles are being operated with their permission, whether explicit or implied. Our legal team is dedicated to handling these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a valuable addition to other evidence in relation to motor vehicle accidents. This type of testimony can be used to identify the perpetrators or criminals, or provide details about what caused the accident. There is a wealth of evidence that shows eyewitness testimony is often not reliable.

For instance, witnesses tend to make errors when they try to recall the color of an object or its shape. Perceptual distortions, like memory loss, may cause a person to miss the exact incident.

Additionally, the memory of witnesses can be distorted by leading questions or other information provided to a witness. For example, researchers in one experiment found that telling participants to estimate how fast the car was moving affected their responses. Other factors that influence the accuracy of eyewitness testimony include age, attention skill, stress level health conditions, prejudices, previous experiences, cognitive state, confidence or level of certainty and suggestive questions, biased lineups and personal or racial bias.

Although many experts will insist on the reliability of eyewitness testimony, it's crucial to educate law enforcement agencies and jury members about the possibility for mistakes. In some instances eyewitness testimony that was incorrect has led to wrongful convictions, or even murder. For instance, in 2018 the Innocence Project was able to show that the fingerprints of a cup used by witnesses to identify the suspect in a burglary not those of Royal Clark's.

Vehicle Examination

In general, vehicle inspections are required each year. Certain vehicles, for instance those that are privately owned or with inspection stickers that are expired, may require more frequent inspections. It is also a requirement in certain circumstances, like when residents of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers are issued.

When an inspector conducts an inspection they start off by verifying some details, such as the car's make and model as well as the date of registration and the odometer's reading, and the list goes on. They then begin to examine the car itself, beginning with the most obvious areas like mirrors, lighting, windshields and horn. There are several checklists to ensure that an accurate inspection is completed, which includes the detection of things like corrosion or suspension parts.

Drivers are expected alert on the road and to look out for other drivers, pedestrians and other potential hazards. The failure to do so could be considered to be negligence. A driver must also maintain control at all times. A defective vehicle can lead to a loss of control of the vehicle which can cause severe injuries. It is also possible that the vehicle's manufacturer could be found liable under the law of product liability in the event that the accident was caused by an issue with the car or its component parts.

Components or Parts that are defective

To make a vehicle work correctly, thousands and thousands of tiny mechanical components and electrical components must work together. If one of these parts is damaged, the result can be devastating. Often, these accidents result from manufacturing defects or other issues in the construction or design of a particular part. If a defect in the design or construction of a vehicle is the reason of an accident, the party responsible for the accident may be responsible for compensating victims for injuries.

Many people believe that the majority of auto accidents are caused human error. While 94 percent of car crashes are caused by driver errors There are other factors that can cause a crash including road conditions, and defective auto parts.

Defective automobile parts include brakes seatbelts and tires, Motor vehicle accident airbags or any other part that can fail to work in the way it was designed and result in an accident. These problems could result from parts purchased from an aftermarket store that were not made with the same care as the original parts on a car. Sometimes, the defect can be found in the original design of a component.

The manufacturers are required to build cars that meet the minimum safety standards. If the vehicle, or one of its components, was not built or designed to meet these standards, then the manufacturer could be held accountable for any damage resulting from an accident caused by a defect in the part.

Insurance Coverage

Most states use a tort liability system that requires drivers to be insured in case their misconduct or negligence causes injury to another. Liability insurance covers bodily injury and property damage liability.

The bodily injury liability covers your medical expenses and those of others injured by your vehicle in an accident in excess of the limit of your policy. There is typically an amount for each injured person, and a limit for property damage in all forms. Certain insurance companies offer policies that have higher limits for these kinds of damages.

Property damage coverage pays to repair or replace your vehicle when it is damaged by 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 caused by driving over potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some require it only when the driver at fault has no insurance or is not insured at all. This insurance covers you or your passengers for your loss of property and medical expenses if the at-fault driver has no insurance, is underinsured or is involved in a hit-and run crash.