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What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit involving a motor vehicle accident lawsuits vehicle accident. While the majority of cases are subject to common law concepts, there are some issues that are specific to this field.

Under New York law, owners of vehicles are accountable for accidents that occur while their vehicles are operated with their permission, whether explicit or implied. Our legal team takes care of these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be an important addition to other evidence in a motor vehicle accident lawsuits car case. This type of testimony can be used to identify the perpetrators of crimes and provide details on how the incident occurred. There is a wealth of research that indicates that eyewitness accounts are often not accurate.

Witnesses, for instance, are prone to making mistakes when they try to recall the color of an object or its shape. Additionally perceptual distortions like fading memories -- can also alter a person's memory of a specific event.

Witness memory can also be distorted when witnesses are given important questions or information. For instance, in one experiment found that telling participants to estimate the speed at which the car was travelling affected their responses. Other factors that affect the reliability of eyewitness testimony include age ability, attention level in coping with stress, health conditions and prejudice.

Although many experts insist on the credibility of eyewitness testimony, it is important to educate law enforcement agencies and jury members about the possibility of mistakes. In some cases eyewitness testimony that was inaccurate has led to wrong 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, not the Royal Clark's.

Vehicle Examination

As a general rule inspections of vehicles must take place every year. Certain types of vehicles, like private-sale vehicles or those with inspection stickers that are expired, might require more frequent inspections. It is also a requirement in certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle is inspected prior to when the new stickers are issued.

The inspector will verify some of the details, such as the model and make of the car and its registration date, odometer reading and so on. They then begin to examine the car itself, beginning with the most obvious areas like the mirrors, the windshields, the lights, and the horn. There are numerous checklists to ensure that a thorough inspection is completed, which includes checking for things like rust or suspension parts.

Drivers are expected vigilant on the road and keep an eye out for other drivers, pedestrians and other potential hazards. Failure to do this could constitute negligence. Drivers must also keep control at all times. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. A car's manufacturer could be held responsible for the accident when it was caused by an automobile defect or component part.

Parts or Components that are defective

In order to make a vehicle function properly, thousands and thousands of tiny mechanical components and electrical components must work together. 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 part. If a component that is defective in a vehicle is at the root of an accident, the person accountable for the incident could be liable to compensate victims for their injuries.

Many people believe that all auto accidents occur due to human error. While 94 % of car crashes are caused by driver error, there are other factors which can cause a crash including road conditions and defective auto parts.

Defective automobile parts include brakes seats, airbags, tires or any other part that can fail to work as intended and lead to an accident. Sometimes, these problems are the result of aftermarket enhancements that weren't designed with the same level of care as the original components on vehicles. Other times, the flaw is in the initial design of a particular part.

Manufacturers are required to design vehicles that meet minimum safety standards. If a vehicle, or any of its components, was not constructed or designed according to meet these standards, the manufacturer could be held accountable for any damages that result from an accident caused by a defective component.

Insurance Coverage

In most states, motorists are required to have insurance if their recklessness or conduct can cause harm to others. Liability insurance covers bodily injury liability and property damage liability.

Bodily injury liability covers your medical bills as well as the medical costs of others injured in a collision caused by your vehicle as long as you meet the limits of your policy. There is typically a limit per injured person and a limit for all property damage. Some insurance companies offer policies that have higher limits on these kinds of damages.

Property damage insurance will cover to repair or replace your vehicle if it is damaged in any way other than by an accident. This includes fire, theft windstorm, or collision with a deer. It can also be used to protect your vehicle from damage from driving through potholes. This type of insurance is mandatory in New York and some other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, certain states only require it when the driver at fault is not covered by insurance. This coverage reimburses you or your passengers for your medical and property losses when the at-fault driver has no insurance, is underinsured or involved in a hit-and-run accident.