What Is a Motor Vehicle Case?

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

According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were operated with their explicit or implied permission. Our legal team handles these cases as a contingency basis.

Eyewitness Testimony

Eyewitness testimony can provide a valuable supplement to other evidence in a san diego motor vehicle accident law firm vehicle crash. This type of testimony typically aids in identifying the criminal or provide specifics about the circumstances of the crash. There is a wealth of research that suggests eyewitness testimony is often not reliable.

Witnesses, for instance, motor are susceptible to making errors in recalling the color of an object or its shape. Perceptual distortions, for example, memory loss, may cause a person to forget a specific incident.

Witness memory can also be impaired if a witness is given important questions or information. For instance, in one experiment found that telling participants to estimate the speed at which the car was travelling affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention capability, stress level health conditions, prejudice, previous experiences, cognitive state, confidence or degree of certainty, suggestive questioning, biased lineups and personal or racial bias.

Although many experts insist that eyewitness testimony can be trusted there is a need to sensitize jurors and law enforcement agencies about the possibility of errors in this type of evidence. In some instances, eyewitness testimony that was inaccurate can lead to wrongful convictions, or even murder. In 2018 the Innocence Project proved that the fingerprints found on a coffee cup that a witness had used to identify a suspect during a burglary, were not those of Royal Clark's.

Vehicle Examination

As a rule vehicle inspections are required each year. Certain vehicles may need to be checked more often in certain circumstances, like those that are sold via private sales or those that have an inspection sticker that has expired. In certain situations, like when an New York resident moves and must update their address, it is mandatory to have the vehicle examined prior to issuance of new stickers.

An inspector will first verify certain details like the model and make of the car, its registration date, odometer reading and so on. The inspector will then inspect the vehicle, beginning with the obvious parts like the windshields and mirrors as well as the lights and horn. There are several checklists to assure that a thorough inspection of the vehicle has been completed, including checking on things like rust and suspension parts.

Drivers must be vigilant and keep an eye out for pedestrians, other motorists and potential dangers. Inattention to this can be considered to be negligence. A driver must also be in control at all times. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. It is also possible that the manufacturer could be found liable under product liability laws in the event of an accident caused by a defect in the car or any of its components.

Defective Components or Parts

For a vehicle's operation to run effectively, thousands of tiny electrical and motor mechanical parts must work together. If one of these parts fail, the consequences could be catastrophic. Usually, these incidents result from manufacturing defects or other issues in the construction or design of a particular component. If a defect in the design or construction of an automobile is the cause of an accident, then the person accountable for the incident could be liable for a reimbursement to victims for injuries.

Many people think that all auto accidents occur due to human error. While 94 percent of car crashes result from driver error however, there are other elements that can cause a crash including road conditions, and defective auto parts.

Defective auto parts include brakes, tires, seatbelts and airbags or any other part that can fail to perform as intended, resulting to an accident. Sometimes, these flaws are caused by aftermarket upgrades that weren't made with the same care as the original components on a vehicle. Other times, the defect can be found in the design of a particular part.

Manufacturers are required to create vehicles that meet the minimum safety standards. If a vehicle, or any of its parts, was not designed or constructed to meet these standards, then the manufacturer could be held accountable for any damage resulting from an accident caused by a defective part.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or misconduct results in harm to others. Liability coverage includes bodily injuries as well as property damage liabilities.

The bodily injury liability covers your medical costs as well as those of other people injured by your vehicle in an accident up to the policy limit. Typically, there is an additional limit for each victim and a single limit for the total amount of property damage. Some insurers offer policies with higher limits on these kinds of damages.

Property damage coverage pays to repair or replace your vehicle when it is damaged due to something other than a collision with a vehicle or object, like theft, fire, windstorm and the impact of deer. This coverage may also cover damage caused by driving through potholes. This kind of insurance is required in New York, among other states.

In many states the uninsured or underinsured driver insurance (UM/UIM) is a requirement. However, certain states require it only when the driver at fault is not insured or has no insurance. This insurance covers medical and property damage when the driver at fault has no insurance or is underinsured.