What Is a Motor Vehicle Case?

A motor vehicle accident lawsuit vehicle case is a personal injury lawsuit involving a motor vehicle accident. Although the majority of cases are governed by standard common-law concepts of negligence however, there are a variety of particular issues that pertain to this particular practice area.

Under 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 able to handle these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony is a valuable addition to other evidence related to motor vehicle accidents. This type of testimony typically helps to identify the perpetrator motor vehicle accident of a crime or provide details about how the crash took place. However, there is a wide body of research indicating that eyewitness identifications can be highly in error.

Witnesses are more likely to make errors when recalling an object's color or shape. In addition, perceptual distortions -- like fading memories can also alter a person's memories of a particular incident.

Witness memory can also be altered if a witness is given important questions or information. For instance, researchers in one study found that asking participants to estimate the speed at which the car was travelling influenced their answers. Other factors that influence the accuracy of eyewitness testimony include age, attention skills, stress levels as well as health conditions, prejudice, previous experience, cognitive state, confidence or degree of certainty and suggestive questions, biased lineups and personal or racial bias.

Although many experts will insist on the reliability of eyewitness testimony, it is crucial to educate law enforcement agencies and jury members about the possibility of error. In some instances, inaccurate eyewitness testimony is responsible for wrongful convictions or even murder. For instance, in 2018, the Innocence Project was able to prove that the fingerprints on the cup used by witnesses to identify a suspect in a burglary not that of Royal Clark's.

Vehicle Inspection

As a rule inspections for vehicles are required every year. Some vehicles, such as those sold privately or those that have expired inspection stickers might require more frequent inspections. It is also required in certain circumstances, 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 are issued.

When an inspector conducts an inspection, they start off by verifying certain details such as the car's make and model and registration date, its odometer reading, and the list goes on. The inspectors then start to look at the vehicle's interior, beginning with the obvious areas like the mirrors lighting, windshields, and horn. There are various checklists that ensure that a thorough inspection has taken place, including checking on things like rust and suspension components.

Drivers must be alert and be aware of pedestrians, motorists, and Motor Vehicle Accident potential hazards. Inability to do this could be regarded as negligent. The driver must also keep control at all 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 manufacturer of the vehicle could be held liable under product liability laws in the event of an accident caused by an issue with the vehicle or its component parts.

Components or parts that are defective

In order for a vehicle to function effectively, thousands of tiny mechanical and electrical components must work in harmony. If one of these components fails, the consequences can be devastating. Most often, these accidents result from manufacturing defects or other problems in the design or construction of a particular part. If a defective part of an automobile is the cause of an accident, the party responsible for the accident could be responsible for compensating victims for injuries.

Many people believe that all auto accidents happen due to human error. While 94 percent of accidents are caused by driver errors but there are other factors such as road conditions and defective components that can cause an accident.

Defective car parts include brakes tires, seatbelts, airbags, or any other component that fails to function as designed and lead to an accident. Sometimes, these problems are caused by aftermarket upgrades that weren't made with the same care as the initial parts on vehicles. Other times, the flaw could be in the original design of a specific component.

Manufacturers are required to produce vehicles that meet the minimum safety standards. If a vehicle, or any of its components, were not constructed or designed according to these specifications the manufacturer could be held responsible for any damage resulting from an accident caused by a defective part.

Insurance Coverage

In many states, drivers are required to carry insurance if their negligent or conduct results in harm to others. Liability coverage includes bodily injuries as well as property damage liabilities.

The bodily injury liability covers medical expenses and the medical expenses of anyone else injured by your vehicle in an accident in excess of the policy limit. There is typically a limit per injured person as well as a limit for property damage in all forms. Some insurers offer policies that have higher limits on these kinds of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged by an event other than collision with a vehicle or object, such as theft, fire, windstorm 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 and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, although some require it only if the at-fault driver has no insurance or insufficient insurance. This insurance covers property and medical expenses if the at-fault motorist has no insurance or is underinsured.