What Is a Motor Vehicle Case?

A motor vehicle case refers to any personal injury lawsuit involving a motor vehicle accident. While the majority of cases are guided by standard common-law concepts of negligence however, there are a variety of specific issues that are unique to this particular practice area.

According to New York law, owners of vehicles are responsible for accidents that occur while their vehicles are being operated with their permission, whether explicit or implied. Our legal team takes care of these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be a valuable supplement to other evidence in a motor vehicle crash. This type testimonies often assists in identifying the perpetrator of a crime or provide details on how the crash took place. However there is a large collection of studies that show eyewitness accounts can be extremely in error.

Witnesses are likely to make mistakes when recalling an object's color or shape. Perceptual distortions, like faded memories, may make a person forget a specific event.

Witness memory can also be distorted when witnesses are given leading questions or information. Researchers discovered that in one study where participants were instructed 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.

Although many experts will insist on the credibility of eyewitness testimony however it is important to educate jurors and law enforcement agencies members on the possibility of error. In some instances, inaccurate eyewitness testimony has been the cause for wrongful convictions or even murder. In 2018 the Innocence Project proved that the fingerprints found on a cup, which a witness used to identify the suspect in a burglary, not the signatures of Royal Clark's.

Vehicle Inspection

In general inspections of vehicles are required every year. Certain vehicles might need to be inspected more frequently, such as those that are sold through private sales or with an expiring inspection sticker. It is also a requirement in certain circumstances, like when a resident of New York moves and needs to change their address, that the vehicle be inspected prior to the new stickers can be issued.

When an inspector conducts an inspection, they begin by checking certain details such as the vehicle's make and model as well as the date of registration as well as the odometer reading and other such details. They then begin to examine the vehicle's interior, beginning with the obvious areas such as the mirrors, windshields, lights and the horn. There are various checklists that ensure that a thorough inspection has taken place, including looking for things like rust and suspension components.

Drivers are expected to be alert on the road and to keep an eye out for pedestrians, other drivers and other potential dangers. Failure to do this can be regarded as negligence. A driver must also maintain control at all at all times. A vehicle that is not in good condition could cause the vehicle to lose control, automobile resulting in serious injuries. It is also possible that the car's manufacturer could be found liable under the laws of product liability if the accident was caused by a defect in the vehicle or the components of it.

Defective Parts or Components

To make a vehicle work properly, thousands and thousands of tiny mechanical components and electrical components must work together. When one of these parts fails, the consequences can be devastating. Most often, these accidents are caused by manufacturing defects or other problems in the design or construction of a particular component. If a defect in the design or construction of an automobile is the cause of an accident, the party accountable for the incident could be liable to compensate victims for injuries.

Many people believe that all car accidents are caused by human error. While the majority of car accidents result from driver error There are other factors that can trigger a crash including road conditions and defective auto parts.

Defective auto parts include brakes, airbags, seats and tires or any other component that is unable to function as designed, leading to an accident. Sometimes, these issues are the result of aftermarket enhancements that weren't designed with the same level of care as the original parts on vehicles. Sometimes, the issue is present in the original design of the part.

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

Insurance Coverage

In most states, motorists are required to carry insurance if their negligent or misconduct can cause harm to others. Liability insurance covers bodily injury liability and property damage liability.

The bodily injury liability covers your medical costs and those of others injured by your vehicle in an accident, up to the limit of your policy. Typically, there is an additional limit for each victim and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits for the kind of damages.

Property damage coverage will pay to repair or replace your vehicle when it is damaged any way other than by an accident. This includes fire, theft windstorm, automobile or impact from a deer. This insurance may also cover damage resulting from driving over potholes. This type of insurance is required in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, but some require it only when the driver at fault has no insurance or has inadequate insurance. This coverage reimburses you or your passengers for your loss of property and medical expenses if the driver at fault has no insurance, is uninsured, or involved in a hit and run accident.