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What Is a Motor Vehicle Case?

A motor vehicle case refers to any personal injury lawsuit that involves a motor vehicle accident (have a peek here). While most cases are governed by common law concepts of negligence, there are a number of particular issues that pertain to this practice area.

According to New York law, owners of vehicles are accountable for accidents that occur when their vehicles are operating without their permission, either express or implied. Our legal team is dedicated to handling these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be a useful supplement to other evidence in relation to motor vehicle accident lawyers vehicle-related cases. This kind of evidence can be used to identify the perpetrators of crimes and provide details on the circumstances of the accident. There is a huge body of research that shows eyewitness identifications are often inaccurate.

Witnesses are prone to make errors when attempting to recall an object's colour or shape. Furthermore, perceptual distortions -- like fading memories -- can also distort a witness's recall of a specific event.

Witness memory can also be impaired when a witness is presented with specific questions or facts. For instance, researchers in an experiment found that telling participants to estimate the speed at which a car was traveling affected their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention, skills, stress levels and health conditions, prejudice, prior experience, cognitive status, confidence or level of certainty and suggestive questions, biased lineups and racial or personal bias.

While many experts say that eyewitness evidence can be relied upon however, it is important to educate law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some instances, inaccurate eyewitness testimony has led to for wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints on a cup that a witness used to identify a suspect in a burglary, not Royal Clark's.

Vehicle Examining

In general inspections of vehicles must be conducted annually. Certain vehicles, like those sold privately or those that have expired inspection stickers might require more frequent inspections. In certain situations, like when a New York resident moves and has to change their address, it's required to have the vehicle examined prior to the issuance of new stickers.

When an inspector conducts an inspection they begin by confirming some of the details like the vehicle's make and model as well as the date of registration as well as the odometer reading and others. The inspector will then look over the vehicle, beginning with the obvious areas like the mirrors and windshields as well as the lights and horn. There are various checklists that ensure a thorough examination has been completed, including checking on things such as rust and suspension components.

Drivers must be aware and watch out for other motorists, pedestrians and any potential dangers. Inattention to this can constitute negligence. Drivers must also keep control at all times. A vehicle with a defect could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the vehicle's manufacturer could be held liable under the law on product liability if the accident was caused by an issue with the vehicle or its component parts.

Parts or Components that are Defective

For a vehicle's operation to run correctly, thousands of tiny electrical and mechanical parts must function. If one of these components is damaged, the result can be devastating. Often, these accidents are the result of manufacturing defects or other problems in the design or construction of a particular component. If a defect in the design or construction of a vehicle is the reason of an accident, the person who caused the accident may be responsible for compensating victims for their injuries.

Many people believe that the majority of auto accidents are caused by human error. While nearly 94 percent of car accidents are caused by driver errors There are other factors that can trigger a crash including road conditions, and defective auto parts.

Defective auto parts include brakes and tires, seatbelts and airbags or any other device that is unable to perform as intended, resulting to an accident. Sometimes, these flaws are the result of aftermarket modifications that weren't made with the same attention to detail as the original parts on vehicles. Other times, the flaw is 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 components, were not designed or built to these specifications the manufacturer could be held responsible for any damages resulting from an accident caused by a defective part.

Insurance Coverage

The majority of states operate under an insurance system called tort liability that requires drivers to carry insurance in the event that their actions or negligence causes injury to another. Liability insurance covers bodily injury as well as property damage liabilities.

The bodily injury liability covers your medical costs as well as those of other people injured by your car in an accident in excess of the policy limit. Typically there is a separate limit for each victim and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits on these types of damages.

Property damage insurance will cover to repair or replace your car when it is damaged in any way other than by an accident. This includes theft, fire or windstorm, as well as the impact of a deer. It can also protect your vehicle from damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some require it only when the at-fault driver does not have insurance or inadequate insurance. This coverage will reimburse you or your passengers for your medical and property damages when the driver at fault has no insurance, is not insured or involved in a hit and run accident.