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A motor vehicle accident attorneys vehicle case is a personal injury lawsuit that is based on an accident involving a motor vehicle. Although most cases are governed by common law concepts of negligence, there are a number of specific issues pertaining to this practice.
Under New York law, owners of vehicles are responsible for accidents that happen while their vehicles are operating with their permission, whether explicit or implied. Our legal team tackles these cases on an contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an important addition to other evidence in a motor vehicle accident. This kind of evidence can be used to identify the perpetrators of crimes or provide information on how the incident occurred. However there is a vast collection of studies that show eyewitness identifications can be highly incorrect.
Witnesses are likely, for example, motor vehicle accident attorneys to make a mistake when recollecting an object's color or shape. Perceptual distortions, for Motor Vehicle accident attorneys example, faded memories can cause a person to forget a specific incident.
Furthermore, memory of witnesses can be affected by the direction of questions or other information provided to witnesses. For instance, in one experiment found that telling participants to estimate how fast the car was moving affected their responses. Other factors that influence the credibility of eyewitness testimony include age, attention skills, stress levels as well as health conditions, prejudices, previous experiences, cognitive state confidence or level of certainty and suggestive questions, biased lineups and racial or personal bias.
While many experts say that eyewitness evidence can be trusted, there is a need to sensitize law enforcement agencies and jurors about the potential for error in this type of evidence. In some instances, inaccurate eyewitness testimony has led to for wrong convictions, and 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 Inspection
As a general rule inspections of vehicles are required to take place every year. Some vehicles, such as those that are privately owned or with inspection stickers that are expired, might require regular inspections. It is also mandatory in certain situations, for instance 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 are issued.
A forensic examiner will first verify a few details, such as the make and model of the vehicle as well as the date of registration and odometer reading, and so on. The inspector then will inspect the vehicle, starting with the obvious parts like the mirrors and windshields, the lights and the horn. There are several checklists to assure that a thorough inspection of the vehicle is completed, which includes checking on things like rust and suspension components.
Drivers are expected to be vigilant on the road and to keep an eye out for pedestrians, other drivers and other potential dangers. Failure to do this can be regarded as negligent. A driver must also maintain control at all time. A vehicle with a defect could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the car's manufacturer could be found liable under the law on product liability in the event of an accident caused by a defect in the car or its component parts.
Parts or Components with Defective Components
For a vehicle to function properly, thousands of tiny mechanical and electrical parts must work together. If one of these parts is damaged, the result can be catastrophic. Usually, these incidents result from manufacturing defects or other problems in the construction or design of a particular part. If a defect in the design or construction of a car is the cause of an accident, the person responsible for the accident may be liable to compensate victims for their injuries.
Many people believe that the majority of car accidents are caused by human error. While 94 % of car crashes are caused by driver errors, there are other factors that can cause a crash such as road conditions and defective auto parts.
Defective automobile parts include brakes tires, seatbelts, airbags, or any other component that fails to function as intended and lead to an accident. Sometimes, these issues are caused by aftermarket modifications that weren't made with the same level of care as the initial parts on vehicles. Other times, the flaw can be found in the initial design of a particular part.
Manufacturers are required to make cars that meet minimum safety standards. If a vehicle, or even one of its components, were not designed or constructed in accordance with these standards, the maker is liable for any damage resulting from an accident caused by a defective component.
Insurance Coverage
In most states, motorists are required to have insurance if their negligent or misconduct causes harm to others. Liability insurance covers bodily injuries 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, up to the policy limit. Typically there is an additional limit for each person injured, and a single limit for the total amount of property damage. Some insurance companies offer optional policies that have greater limits for these types of damages.
Insurance for property damage will repair or replace your vehicle when it is damaged due to something other than collision with a vehicle or object, for example windstorm, fire, theft and the impact of deer. It can also be used to cover damage caused by driving over potholes. This type of insurance is required in New York, among other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, though some require it only when the driver at fault is not insured or has inadequate insurance or inadequate insurance. This coverage reimburses you or your passengers for injuries to property and medical expenses when the driver at fault has no insurance, is uninsured or is involved in a hit-and run crash.
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