What Is a Motor Vehicle Case?

A motor vehicle accident lawyer vehicle case is any personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are governed under common law concepts but there are some legal issues that are unique to this field.

Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are operating with their permission, express or Motor Vehicle Accident implied. Our legal team takes care of these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony can be an invaluable addition to other evidence in a motor vehicle crash. This type of testimony often helps identify the culprit of a crime or provide details about how the crash took place. However there is a large amount of evidence that suggests eyewitness identifications can be highly in error.

For instance, witnesses are susceptible to making errors in recalling the color of an object or its shape. Furthermore, perceptual distortions -- like fading memories can alter a witness's memory of a specific incident.

Additionally, the memory of witnesses can be altered by leading questions or other information that is provided to witnesses. Researchers found that in one experiment where participants were instructed to estimate the speed of a car influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age levels, attention, skill in coping with stress, health conditions and prejudice.

While many experts insist on the credibility of eyewitness testimony, it's crucial to educate jurors and law enforcement agencies members about the possibility of mistakes. In certain cases, incorrect eyewitness testimony has been the cause for wrongful convictions and even murder. For instance, in the year 2018 the Innocence Project was able to demonstrate that the fingerprints found on a cup used by witnesses to identify the suspect in a burglary were not that of Royal Clark's.

Vehicle Examination

As a rule, vehicle inspections are required every year. Certain vehicles, like those that are privately owned or with inspection stickers that are expired, may require regular inspections. It is also required in certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers can be issued.

When an inspector conducts an inspection they begin by checking a few details such as the car's make and model, its registration date, its odometer reading, and others. They then look over the vehicle's interior, beginning with the obvious areas like the mirrors, lights, windshields and the horn. There are numerous checklists to make sure that an exhaustive inspection is completed, which includes checking for things like suspension components or rust.

Drivers must be vigilant and watch out for other motorists, pedestrians and potential hazards. The failure to do so could constitute negligence. Drivers must also keep control at all times. A vehicle with a defect could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the manufacturer could be held liable under the laws of product liability in the event that the accident was caused by an issue with the car or the components of it.

Parts or Components that are defective

To ensure that a vehicle functions properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these parts is damaged, the result can be devastating. These incidents are typically caused by manufacturing defects or other issues related to the design or construction a certain part. If a defective part of a car is the cause of an accident, the person who caused the accident may be liable for a reimbursement to victims for their injuries.

Many people believe that all auto accidents happen because of human error. While 94 percent of crashes are caused by driver mistakes however, there are other factors, such as road conditions or defective parts that can lead to an accident.

Defective auto parts include brakes, airbags, seatbelts, tires or any other component which could fail to function as designed, leading to an accident. Sometimes, these defects result from aftermarket improvements that were not designed with the same care as the initial parts on vehicles. Sometimes, the issue is found in the original design of a piece.

Manufacturers are required to create vehicles that meet the minimum safety standards. If the vehicle, or one of its parts, was not constructed or designed according to meet these standards, then the manufacturer may be held liable for any damages that result from an accident caused by a defective component.

Insurance Coverage

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

Bodily injury liability covers your medical expenses as well as the medical bills of anyone else injured in a collision caused by your vehicle, up to the policy limits. Typically, there is a separate limit per person injured and a single limit for the total amount of property damage. Certain insurers offer policies with higher limits for the kind of damages.

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

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, though certain states require it only if the driver at fault is not insured or has inadequate insurance or is not insured at all. This coverage reimburses you or your passengers for injuries to property and medical expenses when the at-fault driver does not have insurance, is underinsured or is involved in a hit-and run crash.