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What Is a Motor Vehicle Case?

A motor vehicle accident lawsuits vehicle case is a personal injury lawsuit involving an accident in a motor vehicle Accident Attorney vehicle. While the majority of cases are governed under common-law concepts however, there are a few issues that are specific to this area.

Under New York law, Motor vehicle accident attorney owners of vehicles are liable for accidents that happen while their vehicles are operating with their permission, express or implied. Our legal team takes care of these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can be a useful supplement to other evidence related to motor vehicle-related cases. This kind of evidence can be used to identify the perpetrators of crimes and provide details about what caused the accident. However, there is a wide body of research indicating that eyewitness identifications can be highly in error.

For example, witnesses are susceptible to making errors in recalling the color of an object or its shape. Perceptual distortions like fading memories, can also make a person forget a specific event.

Witness memory can also be distorted when a witness is presented with specific questions or facts. For instance, researchers in one experiment found that telling participants to estimate how fast the car was moving affected their responses. Other factors that influence the accuracy of eyewitness testimony include age and attention level, as well as skill, stress, health conditions and prejudice.

Even though many experts will insist 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 instances, inaccurate eyewitness testimony has been responsible for wrongly convicted people and even murder. In the case of 2018, for instance, the Innocence Project was able to establish that the fingerprints on the cup used by witnesses to identify the suspect in a burglary were not Royal Clark's.

Vehicle Examination

As a general rule inspections for vehicles should be conducted annually. Some vehicles, such as private-sale vehicles or those with expired inspection stickers may require regular inspections. In certain situations, like when a New York resident moves and needs to update their address, it's required that the vehicle be examined prior to issuance of new stickers.

An inspector will first confirm a few details including the model and make of the vehicle and its registration date and odometer read, and so on. The inspector then will inspect the vehicle, beginning with the obvious parts like the windshields and mirrors, the lights and the horn. There are various checklists that ensure a thorough examination has taken place, including inspecting things such as rust and suspension components.

Drivers are expected to remain vigilant on the road and to look out for pedestrians, other drivers and other potential hazards. Failure to do this could constitute negligence. Drivers must also keep control at all the time. 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 found liable under product liability laws in the event that the accident was caused by a defect in the car or any of its components.

Defective Components or Parts

To function properly, thousands of tiny mechanical and electrical components must work together. If one of these components fails, the results can be catastrophic. These incidents are typically the result of manufacturing faults or other problems in the design or construction of a certain part. If a defective part of an automobile is the cause of an accident, then the person who caused the accident may be liable for compensating the victims for their injuries.

Many people believe that the majority of car accidents are caused by human error. While 94 percent of crashes are due to driver errors, there are also other factors, such as road conditions and defective parts that can lead to an accident.

Defective auto parts include brakes and airbags, seatbelts and tires or any other part that could fail to perform as intended, resulting to an accident. Sometimes, these problems result from aftermarket upgrades that were not designed with the same care as the initial parts on the vehicle. Sometimes, the defect can be found in the original design of a piece.

The manufacturers are required to make cars that meet the minimum safety standards. If a vehicle or its parts were not manufactured or designed according to these standards, the manufacturer may be held accountable in a lawsuit for product liability for any injuries that may occur as a result of an accident caused by the defective part.

Insurance Coverage

Most states use the tort liability system which requires drivers to have insurance in the event that their conduct or negligence causes injury to others. Liability coverage includes bodily injury liability as well as property damage liability.

The bodily injury coverage covers your medical expenses and those of others injured by your vehicle in an accident in excess of the policy limit. There is typically a limit for each injured person and a maximum for property damage in all forms. Some insurance companies offer optional policies that have higher limits for these kinds of damages.

Property damage insurance will cover to repair or replace your car when it is damaged in any way other than by a collision. This includes fire, theft storm, windstorm, or even collision with a deer. It can also cover damage resulting from driving through potholes. This type of insurance is mandatory in New York and some other states.

In many states the uninsured or underinsured driver insurance (UM/UIM) is required. However, certain states only require it if the driver at fault has no insurance. This insurance covers you or your passengers for medical and property damages when the at-fault driver does not have insurance, is uninsured, or involved in a hit-and-run accident.