What Is a Motor Vehicle Case?

A motor vehicle lawsuit is any personal injury lawsuit that involves an accident in a motor vehicle. Although most cases are governed by the standard common-law notions of negligence but there are a range of issues specific to this practice area.

According to New York law, attorneys vehicle owners are responsible for any accidents that occur when their vehicles were operated with their explicit or implied permission. Our legal team is able to handle these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can be an excellent addition to other evidence in a highland motor vehicle accident lawsuit car case. This type of testimony can be used to identify the perpetrators or criminals, or provide information about what caused the accident. However there is a huge collection of studies that show eyewitness identifications are often inaccurate.

For example, witnesses are prone to making mistakes when they try to recall the color of an object or its shape. Perceptual distortions, like fading memories, can also cause a witness to misremember a specific event.

Witness memory can also be altered when witnesses are given leading questions or information. Researchers discovered that in one study in which participants were asked to estimate the speed of a car had an impact on their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention level, skill in coping with stress, health conditions and prejudice.

Although many experts claim that eyewitness testimony is able to be relied upon there is a need to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In some cases, incorrect eyewitness testimony has been responsible for wrongful convictions or even murder. In 2018 the Innocence Project proved that the fingerprints on a cup, which a witness used to identify a suspect in a burglary not those of Royal Clark's.

Vehicle Inspection

In general inspections of vehicles are required each year. Certain types of vehicles, like those that are privately owned or with expired inspection stickers may require regular inspections. In certain instances, such as when an New York resident moves and needs to update their address, it's mandatory that the vehicle be examined prior to the issuance of new stickers.

When an inspector conducts an inspection, they start off by verifying some of the details like the vehicle's make and model as well as the date of registration and the odometer's reading, and other such details. They then look over the car itself, beginning with the most obvious areas like the mirrors, lights, windshields and horn. There are several checklists to ensure that a thorough inspection is completed, which includes checking for things such as rust or suspension parts.

Drivers are expected vigilant on the roads and to keep an eye out for other drivers, pedestrians and other potential hazards. Inability to do this could be construed as negligent. The driver must also keep control at all time. A vehicle with a defect could cause a loss in control of the vehicle, that can result in severe injuries. The manufacturer of a vehicle may be held liable for the accident if it was caused by an auto defect or a component part.

Components or Parts that are defective

In order for a vehicle to function properly, thousands of tiny electrical and mechanical components must work together. If one of these components is damaged, the result can be disastrous. Usually, these incidents are the result of manufacturing defects or other issues in the design or construction of a particular part. When a defective car part is the reason for an accident, the responsible party is likely to be responsible for paying the crash victims for their injuries.

Many people believe that all auto accidents are caused by human error. While 94 % of car crashes are caused by driver error There are other factors that can cause a crash such as road conditions and defective auto parts.

Defective car parts include brakes, seatbelts and tires, airbags or any other part that can fail to work according to the specifications and cause an accident. These defects can be the result of parts purchased from an aftermarket store that were not designed as carefully as the original components on a vehicle. Sometimes, the issue could be in the design of a specific part.

The manufacturers are required to make cars that meet minimum safety standards. If a vehicle, or even one of its components, was not designed or constructed in accordance with these standards, the maker could be held responsible for any damages that result from an accident caused by a defective part.

Insurance Coverage

Most states use the tort liability system which obliges drivers to carry insurance in the event their actions or negligence causes injury to another. Liability insurance covers bodily injury liability and property damage liability.

The bodily injury coverage covers your medical expenses and those of others injured by your car in an accident up to the limit of your policy. Typically there is a separate limit for each person injured and a unified limit for the total amount of property damage. Certain insurance companies offer policies that have higher limits on these kinds of damages.

Insurance for property damage will pay to repair or replace your car when it is damaged any other way than an accident. This includes fire, theft windstorm, or the impact of a deer. This insurance may also cover damage caused by driving through potholes. This type of insurance is required in New York, among other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states require it only when the driver at fault does not have insurance. The coverage pays you or your passengers for medical and property losses when the at-fault driver does not have insurance, is not insured or involved in a hit-and-run accident.