What Is a Motor Vehicle Case?

A motor vehicle accident lawsuits vehicle case is any personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are guided by standard common-law concepts of negligence, there are a number of specific issues pertaining to this particular practice area.

Under New York law, owners of vehicles are liable for accidents that happen while their vehicles are being operated with their permission, express or implied. Our legal team deals with these cases on an emergency basis.

Eyewitness Testimony

Eyewitness testimony is an excellent supplement to other evidence in relation to motor vehicle related cases. This type of testimony usually aids in identifying the criminal or provide specifics about how the crash occurred. There is a vast body of research that indicates eyewitness testimony is often not reliable.

Witnesses are likely to make errors when recalling an object's color or shape. Perceptual distortions, for example, faded memories, may cause a witness to misremember the exact moment.

Witness memory can also be altered when witnesses are given important questions or information. Researchers discovered that in one study in which participants were asked to estimate the speed of a car influenced their responses. Other factors that impact the accuracy of eyewitness testimonies include age, attention level, skill, stress, health conditions and prejudice.

Although many experts affirm that eyewitness testimony can be trusted there is a need to sensitize law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some cases, eyewitness testimony that was incorrect can lead to wrongful convictions, or even murder. For instance, in 2018, the Innocence Project was able to demonstrate that the fingerprints found on a cup used by a witness to identify the suspect in a burglary were not that of Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles are required to be conducted every year. Certain vehicles, like private-label vehicles or those that have expired inspection stickers might require periodic inspections. It is also a requirement in certain situations, such as when residents of New York moves and needs to change their address, that the vehicle be inspected prior to the new stickers are issued.

A forensic examiner will first verify a few specifics including the make and model of the car and the registration date as well as the odometer reading. on. The inspector will then examine the vehicle, beginning with the obvious parts like the mirrors and windshields, the lights and the horn. There are numerous checklists that will ensure that an accurate inspection is completed, which includes checking for things like suspension components or rust.

Drivers are expected to be vigilant on the road and to keep an eye out for pedestrians, other drivers and other potential hazards. Failure to do this could constitute negligence. It is also a driver's responsibility to keep control of their vehicle at all at all times. A vehicle that is defective can lead to a loss of control of the vehicle, which could result in serious injuries. It is also possible that the vehicle's manufacturer could be held accountable under product liability laws in the event that the accident was caused by a defect in the vehicle or the components of it.

Components or parts that are defective

To function correctly, thousands of tiny electrical and mechanical components must work in harmony. If one of these components fail, the consequences could be disastrous. Most often, these accidents are the result of manufacturing defects or other issues in the construction or design of a particular component. If a defective part of a car is the cause of an accident, then the person who caused the accident may be responsible for compensating victims for their injuries.

Many people believe that all accidents involving cars are caused by human error. While 94 percent of crashes are caused by driver mistakes however, there are other factors such as road conditions and defective parts that can cause an accident.

Defective automobile parts include brakes airbags, seatbelts, motor vehicle accident tires, or any other component that can fail to work as intended and lead to an accident. These issues could be the result of parts from the aftermarket that were not created with the same care as original components on a car. Sometimes, the issue could be in the original design of a particular part.

Manufacturers are required by law to make vehicles that meet minimum safety standards. If the vehicle or its components weren't designed or constructed to these specifications the manufacturer could be held accountable in a lawsuit for product liability for any injuries that may occur in the event of an accident caused by the defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their negligence 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 expenses as well as those of other people injured by your car in an accident, up to the policy limit. There is usually a limit for each injured person, and a limit for all property damage. Some insurers offer policies that have higher limits on the kind of damages.

Property damage coverage pays to repair or replace your vehicle when it is damaged by something other than collision with a vehicle or object, for example windstorm, fire, theft and the impact of deer. It can also cover damage to your car from driving over potholes. This type of coverage is mandatory in New York and some other states.

In many states, uninsured or underinsured motorist insurance (UM/UIM), is mandatory. 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 underinsured.