What Is a motor vehicle accidents Vehicle Case?

A motor vehicle accident vehicle case is a personal injury lawsuit that results from an accident involving a motor vehicle. While the majority of cases are subject to common law, there are some issues which are unique to this specific area.

Under New York law, owners of vehicles are accountable for accidents that occur while their vehicles are operating without their permission, either express or implied. Our legal team tackles these cases as an incidental basis.

Eyewitness Testimony

Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle accident attorney vehicle case. This type testimonies often assists in identifying the person who committed the crime or provide information about the circumstances of the crash. There is a huge body of research that shows eyewitness identifications are often inaccurate.

Witnesses are prone to make mistakes when trying to recall an object's color or shape. In addition, perceptual distortions -- such as fading memories can alter a witness's memory of an event.

Witness memory can also be altered if a witness is given leading questions or information. Researchers found that in one study, telling participants to estimate the speed of a car affected their responses. Other factors that influence the accuracy of eyewitness testimonies include age levels, attention, skill as well as stress, health conditions and prejudice.

Even though many experts will say that eyewitness evidence can be relied upon however, it is important to sensitize jurors and law enforcement agencies about the potential for error in this kind of evidence. In some instances eyewitness testimony that was incorrect can lead to wrongful convictions, or even murder. In 2018 the Innocence Project proved that the fingerprints that were found on a cup which a witness used to identify the suspect in a burglary, were not those of Royal Clark's.

Vehicle Examination

In general, vehicle inspections must be conducted every year. Certain types of vehicles, like those that are privately owned or that have expired inspection stickers may require regular inspections. In certain instances, such as when the New York resident moves and must update their address, it's mandatory that the vehicle be checked prior to the issue of new stickers.

A forensic examiner will first verify certain details, such as the model and make of the vehicle and the registration date, odometer reading and so on. The inspectors then start to look at the vehicle itself, starting with the most obvious areas like the mirrors lights, windshields, and horn. There are various checklists that ensure that a thorough inspection has been completed, including checking on things such as rust and suspension components.

Drivers must be alert and keep an eye out for other motorists, pedestrians and potential hazards. The failure to do so could be considered negligence. It is also the driver's responsibility to ensure that they are in control of their vehicle at all time. A defective vehicle can cause a loss of control over the vehicle which could result in serious injuries. The manufacturer of the vehicle could also be held responsible for the accident if it was caused by an auto defect or component part.

Components or Parts that are defective

To make a car function properly, thousands and thousands of tiny mechanical parts and electrical components must work together. If one of these parts fails, the consequences can be devastating. These accidents are often the result of manufacturing faults or other problems with the design or construction an element. If a car component that is defective is the cause of an accident, the responsible party may be liable to compensate the crash victims for their injuries.

Many people think that all auto accidents happen because of human error. While 94 percent are due to driver errors, there are also other factors such as roads and parts that are defective that can lead to an accident.

Defective auto parts include brakes and airbags, seats and tires or any other part that may not perform as intended, resulting to an accident. Sometimes, these flaws result from aftermarket modifications that weren't designed with the same level of care as the initial parts on vehicles. Sometimes, the issue is in the original design of a particular part.

Manufacturers are required by law to make vehicles that meet the minimum safety standards. If a vehicle, or any of its components, was not designed or built to these specifications the manufacturer could be held accountable for any damages resulting from an accident caused by a defect in the part.

Insurance Coverage

In the majority of states, drivers are required to have insurance in the event that their carelessness or misconduct can cause harm to others. Liability insurance covers bodily injury as well as property damage liabilities.

The bodily injury liability covers medical expenses and those of others who are injured by your vehicle in an accident as long as you meet 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. Some insurers offer optional policies with higher limits for these kinds of damages.

Insurance for property damage will pay to repair or replace your vehicle when it is damaged any way other than by a collision. This includes theft, fire storm, windstorm, or even the impact of a deer. It could also cover damage to your car from driving through potholes. This type of coverage is required in New York and some other states.

In many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states only require it if the driver at fault does not have insurance. This insurance covers you or your passengers for medical and property losses when the at-fault driver is not insured, has no insurance, is underinsured or involved in a hit and run accident.