What Is a Motor Vehicle Case?

A motor vehicle accident vehicle case refers to any personal injury lawsuit that is based on the motor vehicle involved in an accident. While the majority of cases are guided by the common law principles of negligence, there are a number of specific issues that are unique to this area of practice.

Under New York law, owners of vehicles are accountable for any accidents that occur when their vehicles are operated with their permission, whether explicit or implied. Our legal team handles these cases as an incidental basis.

Eyewitness Testimony

Eyewitness testimony can be an invaluable addition to other evidence in a motor vehicle crash. This type testimonies often helps identify the criminal or provide information about the circumstances of the crash. There is a vast body of evidence that shows eyewitness identifications are often inaccurate.

For instance, witnesses are susceptible to making errors in recollecting the color of an object or its shape. Perceptual distortions, for example, faded memories, may make a person forget an moment.

Witness memory can also be altered when witnesses are given crucial questions or details. Researchers found that in one study where participants were instructed to estimate the speed of a vehicle influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age ability, attention level, stress, health conditions and prejudice.

While many experts insist on the validity of eyewitness testimony however it is important to educate jurors and law enforcement agencies members about the possibility for mistakes. In some instances, inaccurate eyewitness testimony has been the cause for wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints that were found on a cup which a witness used to identify a suspect during a burglary, were not the Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles must be conducted annually. Some vehicles, such as those that are privately owned or with expired inspection stickers, may require more frequent inspections. It is also a requirement in certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers can be issued.

The inspector will verify certain details, such as the make and model of the car and its registration date, odometer reading and so on. The inspector then will inspect the vehicle, beginning with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are many checklists to ensure that a thorough inspection is performed, including looking for things like rust or suspension parts.

Drivers are expected to be attentive on the road and motor to look out for other drivers, pedestrians and any potential hazards. Failure to do this could be considered negligence. Drivers must also keep control at all at all times. A vehicle with a defect could lead to a loss of control over the vehicle that can result in severe injuries. It is also possible that the vehicle's manufacturer may be found to be liable under the law on product liability when the accident was caused by a defect in the vehicle or any of its components.

Components or Parts that are defective

In order for a vehicle to function effectively, thousands of tiny mechanical and electrical components must work in harmony. If one of these parts fails, the results can be catastrophic. Often, these accidents are the result of manufacturing defects or other problems in the design or construction of a particular part. If a malfunctioning part of a vehicle is at the root of an accident, the party accountable for motor the incident could be liable for a reimbursement to victims for injuries.

Many people believe that the majority of auto accidents are caused by human error. While 94 percent of car crashes are caused by driver errors but there are other causes that can cause a crash like road conditions and deficient auto parts.

Defective auto parts include brakes, airbags, seatbelts, tires or any other component that can fail to function as designed, leading to an accident. Sometimes, these issues are the result of aftermarket upgrades that were not designed with the same level of care as the original components on the vehicle. Other times, the defect could be in the initial design of a particular part.

Manufacturers are required to build cars that meet minimum safety standards. If a vehicle or its parts were not manufactured or designed according to these standards the manufacturer could be held liable in a lawsuit involving product liability for any damages that occur as a result of an accident that was caused by the defective part.

Insurance Coverage

The majority of states have the tort liability system which requires drivers to carry insurance in the event their actions or negligence causes injury to another. Liability coverage includes bodily injuries and property damage liability.

Bodily injury liability is a way to pay for your medical expenses as well as the medical bills of anyone else injured in a crash caused by your vehicle, up to the limits of your policy. Typically there is a separate limit for each person injured and a single limit for the total amount of property damage. Some insurers offer policies that have higher limits on these types of damages.

Insurance for property damage will repair or replace your vehicle when it is damaged due to something other than a collision with another vehicle or other object, like windstorm, fire, theft and the impact of the deer. It can also be used to protect your vehicle from damage caused by driving over potholes. This kind of insurance is required in New York, among other states.

In many states, uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, certain states only require it if the driver at fault has no insurance. This coverage reimburses your medical and property damage if the at-fault motorist has no insurance or is uninsured.