What Is a Motor Vehicle Case?

A motor vehicle accident attorney vehicle case is a personal injury lawsuit involving an accident in a Motor Vehicle Accident Attorney vehicle. While the majority of cases are governed under common law principles however, there are a few issues that are specific to this specific area.

Under New York law, owners of vehicles are accountable for accidents that occur while their vehicles are being operated with their consent, whether express or implied. Our legal team takes care of these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence in relation to knoxville motor vehicle accident law firm vehicle cases. This type testimonies often helps to identify the culprit of a crime or provide details on how the crash took place. There is a large body of research that shows eyewitness testimony is often not reliable.

Witnesses, for instance, are more likely to make mistakes when they try to recall the color of an object or its shape. In addition, perceptual distortions -- like fading memories -- can alter a witness's recall of a specific incident.

Witness memory can also be distorted when witnesses are given specific questions or facts. For instance, researchers in one experiment found that telling participants to estimate the speed at which the car was moving influenced their answers. Other factors that influence the accuracy of eyewitness testimony include age, attention ability, stress level, health conditions, prejudice, prior experience, cognitive state, confidence or level of certainty as well as a suggestion of questioning, biased lineups and racial or individual bias.

Even though many experts will say that eyewitness evidence can be relied upon there is a need to educate law enforcement agencies and jurors about the possibility of error in this type of evidence. In some instances eyewitness testimony that was incorrect can lead to wrongful convictions or even murder. In the case of 2018, for instance the Innocence Project was able to establish that the fingerprints on a cup used by a witness to identify the suspect in a burglary were not the Royal Clark's.

Vehicle Inspection

In general inspections of vehicles must be conducted annually. Certain types of vehicles, like those that are privately owned or that have expired inspection stickers might require more frequent inspections. It is also mandatory for certain circumstances, like when a resident of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers are issued.

A forensic examiner will first verify certain details like the model and make of the vehicle as well as the date of registration and odometer reading, and so on. The inspector will then examine the vehicle, beginning with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are numerous checklists that ensure a thorough inspection has been conducted, which includes checking on things such as rust and suspension components.

Drivers must be vigilant and alert for pedestrians, other motorists and motor vehicle accident attorney potential dangers. Failure to do so can constitute negligence. It is also a driver's duty to maintain control of their vehicle at all time. A vehicle that is defective can result in a loss of control of the vehicle that can result in severe injuries. A vehicle's manufacturer may also be held responsible for the accident in the event that it was caused by an automobile defect or component part.

Components or parts that are defective

For a vehicle to function properly, thousands of tiny electrical and mechanical components must work together. If one of these components fails, the results can be catastrophic. Usually, these incidents result from manufacturing defects or other problems in the design or construction of a particular part. If a component that is defective in a vehicle is at the root of an accident, the person accountable for the incident could be liable for compensating the victims for injuries.

Many people believe that all auto accidents happen due to human error. While 94 percent of accidents are caused by driver error, there are also other factors such as road conditions or defective parts that can cause an accident.

Defective auto parts include brakes and airbags, seatbelts, tires or any other device that may not perform as intended, leading to an accident. These defects can be the result of parts purchased from an aftermarket store that were not created with the same care as original components on a vehicle. Other times, the flaw can be found in the original design of a specific part.

Manufacturers are required to design vehicles that meet the minimum safety standards. If a vehicle or its parts were not designed or built according to these standards the manufacturer could be held accountable in a lawsuit involving product liability for any injuries that may occur as a result of an accident that was caused by the defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or conduct causes harm to other drivers. Liability insurance covers bodily injuries and property damage liability.

Bodily injury liability covers your medical bills and 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 unified limit for the total amount of property damage. Some insurance companies offer policies with higher limits on these types of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged by something other than a collision with a vehicle or object, such as windstorm, fire, theft and the impact of deer. The coverage can also be used to cover damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, however some require it only if the at-fault driver has no insurance or is not insured at all. This insurance covers property and medical damages when the driver at fault does not have insurance or is underinsured.