What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that is based on a motor vehicle accident. Although the majority of cases are governed by common law concepts of negligence however, there are a variety of particular issues that pertain to this area of practice.

Under New York law, owners of vehicles are accountable for accidents that occur while their vehicles are operated without their permission, either express or implied. Our legal team is able to handle these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony is an excellent addition to other evidence when it comes to motor vehicle accident lawyer vehicle related cases. This kind of evidence can be used to identify the perpetrators of crime or provide details about the circumstances of the accident. There is a huge body of research that suggests eyewitness identifications are usually inaccurate.

Witnesses are likely to make a mistake when trying to recall an object's color or shape. Perceptual distortions, such as memory loss, may cause a person to forget the exact moment.

Moreover, motor vehicle accident witness memory can be affected by questions that lead to or other information that is provided to a witness. For instance, researchers in one study found that asking participants to estimate how fast a car was traveling influenced their answers. Other factors that impact the accuracy of eyewitness testimonies include age and attention level, as well as skill in coping with stress, health conditions and prejudice.

Although many experts insist on the credibility of eyewitness testimony, it's important to educate law enforcement agencies and jury members about the possibility of error. In some cases eyewitness testimony that is not correct has led to wrongful convictions, or even murder. In 2018 the Innocence Project proved that the fingerprints found on a cup which a witness used to identify a suspect in a burglary, were not the Royal Clark's.

Vehicle Examination

As a general rule inspections for vehicles should be conducted annually. Certain vehicles might need to be examined more frequently in certain circumstances, like those that are sold via private sales or those that have an expired inspection sticker. In certain circumstances, such as when an New York resident moves and has to change their address, it's mandatory that the vehicle is examined prior to issuance of new stickers.

When an inspector conducts an inspection they begin by verifying a few details such as the vehicle's make and model, its registration date as well as the odometer reading and the list goes on. The inspectors then start to look at the vehicle's interior, beginning with the most obvious areas like the mirrors, lights, windshields, and horn. There are numerous checklists that ensure a thorough examination has been completed, including the inspection of things like suspension parts that are rusty and rusty.

Drivers are expected vigilant on the road and to look out for pedestrians, other drivers, and potential hazards. Inattention to this can be considered negligence. It is also a driver's duty to maintain control of their vehicle at all the time. A vehicle that is defective could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the car's manufacturer could be held liable under product liability laws in the event of an accident caused by an issue with the vehicle or its component parts.

Defective Components or Parts

To make a vehicle work properly, thousands and thousands of tiny mechanical parts and electrical components must work together. If one of these parts fails, the consequences can be catastrophic. These accidents are typically caused by manufacturing flaws or other problems related to the design or construction an element. If a component that is defective in a car is the cause of an accident, then the person responsible for the accident may be liable for a reimbursement to victims for injuries.

Many people believe that all auto accidents occur due to human error. While 94 percent of crashes are caused by driver error There are also other factors such as roads and parts that are defective that can cause an accident.

Defective automobile parts include brakes airbags, seatbelts, tires, or any other component that may not function as designed and lead to an accident. These problems could be the result of parts purchased from an aftermarket store that were not constructed as well as the original components on a car. Sometimes, the issue may be present in the original design of a specific component.

The manufacturers are required to produce vehicles that meet the minimum safety standards. If the vehicle, or any of its parts, was not constructed or designed according in accordance with these standards, the maker could be held responsible for any damage resulting from an accident caused by a defect in the part.

Insurance Coverage

Most states follow a tort liability system that obliges drivers to carry insurance in the event that their conduct or negligence causes injury to others. Liability insurance covers bodily injury liability and property damage liability.

Bodily injury liability is a way to pay for your medical expenses and the medical expenses of those injured in a crash caused by your vehicle up to the limits of your insurance policy. There is usually a limit per injured person and a limit for property damage in all forms. Certain insurers offer policies with higher limits for these types of damages.

Property damage coverage will pay to repair or replace your car if it is damaged in any way other than by a collision. This includes fire, theft, windstorm, and collision with a deer. It could also cover damage to your car caused by driving on potholes. This type of insurance is required in New York and some other states.

In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states only require it if the driver at fault has no insurance. This coverage reimburses your medical and property damages in the event that the at-fault driver has no insurance or is not insured.