What Is a Motor Vehicle Case?

A motor vehicle accident law firm vehicle case is a personal injury lawsuit involving a motor vehicle accident (visit site). While the majority of cases are guided by the common law principles of negligence but there are a range of specific issues that are unique to this particular practice area.

According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were operated with their express or implied consent. Our legal team is able to handle these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence in relation to motor vehicle-related cases. This type of testimony often helps identify the person who committed the crime or provide details about how the crash occurred. There is a wealth of research that indicates that eyewitness accounts are often not accurate.

For instance, witnesses are prone to making mistakes in recollecting the hue of an object or its shape. Additionally perceptual distortions like fading memories can also distort a witness's memories of a particular event.

Witness memory can also be affected when witnesses are given specific questions or facts. For instance, researchers in one experiment found that telling participants to estimate how fast the car was going influenced their answers. Other factors that affect the accuracy of eyewitness testimony include age, attention capability, stress level as well as health conditions, prejudice, prior experience, cognitive status, confidence or level of certainty as well as a suggestion of questioning, biased lineups and racial or personal bias.

While many experts insist on the credibility of eyewitness testimony, it is essential to educate jurors and law enforcement agencies members about the possibility of error. In certain cases, incorrect eyewitness testimony is responsible for wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints found on a cup that a witness used to identify the suspect in a burglary, not the signatures of Royal Clark's.

Vehicle Examination

In general inspections of vehicles must be conducted annually. Certain vehicles, like private-label vehicles or those that have expired inspection stickers may require regular inspections. It is also mandatory for certain situations, such as when a resident of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers are issued.

A forensic examiner will first verify a few details including the model and make of the car and its registration date and odometer read, and so on. They then examine the vehicle's interior, beginning with the most obvious areas like the mirrors lighting, windshields and the horn. There are several checklists to make sure that an accurate inspection is done, including checking for things like rust or suspension parts.

Drivers need to be alert and watch out for pedestrians, other motorists and any potential dangers. The failure to do so could constitute negligence. It is also the driver's obligation to maintain control of their vehicle at all times. A defective vehicle can cause a loss in control of the vehicle, which could cause serious injuries. It is also possible that the car's manufacturer could be held accountable under product liability laws if the accident was caused by an issue with the vehicle or the parts that make it up.

Parts or Components with Defective Components

To make a car function properly, thousands and thousands of tiny mechanical parts and electrical components have to work together. If one of these components fail, the consequences could be devastating. Most of the time, these accidents are the result of manufacturing defects or other issues in the construction or design of a specific part. If a car component that is defective is the cause of an accident, the party responsible may be liable for the payment of the victims of the crash for their injuries.

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

Defective auto parts include brakes and airbags, seats and tires or any other device that is unable to function as designed, leading to an accident. These issues could be caused by aftermarket parts that were not designed as carefully as the original components on a car. Other times, the flaw may be present in the initial design of a specific component.

Manufacturers are required to build cars that meet minimum safety standards. If the vehicle, or any parts of it, was not built or designed to meet these standards, then the manufacturer could be held accountable for any damages that result from an accident caused by a defective part.

Insurance Coverage

In the majority of states, drivers are required to have insurance if their negligent or misconduct causes harm to others. Liability coverage includes bodily injury liability as well as property damage liability.

Bodily injury liability pays for your medical bills and the medical expenses of those injured in a crash caused by your vehicle up to the limits of your insurance policy. Typically, there is an individual limit for each person injured and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits on the kind of damages.

Insurance for property damage will repair or replace your vehicle if it is damaged by something other than collision with another vehicle or object, such as windstorm, fire, theft and the impact of deer. The coverage can also cover damage resulting from driving through potholes. This type of insurance is mandatory 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 inadequate insurance. This insurance covers medical and property damages if the at-fault motorist does not have insurance or is underinsured.