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What Is a Motor Vehicle Case?

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

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 dedicated to handling these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle accident attorney vehicle accident. This type of testimony typically helps to identify the person who committed the crime or provide specifics about how the crash occurred. However there is a huge amount of evidence that suggests eyewitness accounts can be extremely in error.

For example, witnesses are susceptible to making errors in recalling the color of an object or its shape. Perceptual distortions, such as faded memories can cause a witness to misremember an moment.

Witness memory can also be altered if a witness is given important questions or information. For instance, in one study found that asking participants to estimate how fast the car was travelling affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention level, skill, stress, health conditions and prejudice.

While many experts affirm that eyewitness testimony can be relied upon, there is a need to educate law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some instances, inaccurate eyewitness testimony has been responsible for wrongful convictions and even murder. For instance, in 2018, the Innocence Project was able to show that the fingerprints of the cup used by a witness to identify the suspect in a burglary not those of Royal Clark's.

Vehicle Inspection

As a rule inspections for vehicles are required every year. Certain types of vehicles, like those that are privately owned or with expired inspection stickers might require regular inspections. It is also a requirement in certain situations, like when a resident 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.

A forensic examiner will first verify certain details like the model and make of the car, its registration date, odometer reading and so on. They then look over the car itself, beginning with the most obvious areas such as the mirrors, lights, windshields, and the horn. There are many checklists to ensure that an exhaustive inspection is completed, which includes checking for things like corrosion or suspension parts.

Drivers must be aware and be aware of other motorists, pedestrians and potential dangers. Failure to do so can be considered negligence. The driver must also keep control at all times. A vehicle that is not in good condition can lead to a loss of control over the vehicle which could cause serious injuries. It is also possible that the manufacturer may be found to be liable under the law of product liability when the accident was caused by an issue with the vehicle or its component parts.

Defective Parts or Components

For a vehicle to function correctly, thousands of tiny electrical and mechanical parts must function. If one of these parts is damaged, the result can be devastating. These accidents are typically caused by manufacturing flaws or other problems with the construction or design specific part. If a malfunctioning part of an automobile is the cause of an accident, the person who caused the accident may be liable for compensating the victims for their injuries.

Many people believe that all auto accidents occur due to human error. While the majority of car accidents are caused by driver errors however, there are other elements that can cause a wreck including road conditions and defective auto parts.

Defective auto parts include brakes, tires, seatbelts and airbags or any other part that could fail to perform as intended, resulting to an accident. These issues could be caused by parts from the aftermarket that were not created with the same care as original components of a car. Sometimes, the issue can be found in the original design of a particular part.

Manufacturers are required to produce vehicles that meet the 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 lawsuit for product liability for any damages that result in the event of an accident that was caused by the defective component.

Insurance Coverage

The majority of states have the tort liability system which requires drivers to carry insurance in the event their actions or negligence causes injury to others. Liability insurance covers bodily injury liability as well as property damage liability.

Bodily injury liability is a way to pay for your medical bills and the medical bills of anyone else injured in a collision caused by your car, up to the policy limits. There is typically an amount for each injured person and a limit for all property damage. Certain insurance companies offer policies that have higher limits for these types of damages.

Insurance for property damage will repair or replace your vehicle if it is damaged by something other than collision with another vehicle or object, for example theft, fire, windstorm and the impact of a deer. The coverage can also cover damage resulting from driving through potholes. This type of insurance is mandatory 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 at-fault driver does not have insurance or is not insured at all. This coverage covers your medical and property damages when the driver at fault has no insurance or is underinsured.