What Is a Motor Vehicle Case?

A motor vehicle accident attorney vehicle case refers to any personal injury lawsuit that results from an accident involving a motor vehicle. While the majority of cases are governed by common law, there are some issues that are unique to this field.

According to New York law, owners of vehicles are accountable for accidents that occur while their vehicles are operating with their permission, whether explicit or implied. Our legal team is able to handle these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony can be an important addition to other evidence in a motor vehicle accident lawyer vehicle case. This type of testimony typically helps identify the perpetrator of a crime or provide details on how the crash occurred. There is a wealth of evidence that shows eyewitness identifications are often inaccurate.

Witnesses, motor Vehicle accident Attorney for instance, tend to make errors in recalling the color of an object or its shape. Additionally, perceptual distortions -- like fading memories can also distort a witness's memory of an incident.

Witness memory can also be affected when a witness receives crucial questions or details. Researchers discovered that in one experiment, telling participants to estimate the speed of a car affected their responses. Other factors that affect the reliability of eyewitness testimonies include age, attention level, skill as well as stress, health conditions and prejudice.

Even though many experts will affirm that eyewitness testimony can be trusted but there is a need to educate jurors and law enforcement agencies about the possibility of error in this type of evidence. In certain cases, incorrect eyewitness testimony is responsible for wrong convictions, and even murder. In 2018, the Innocence Project proved that the fingerprints on a cup which a witness used to identify the suspect in a burglary not the signatures of Royal Clark's.

Vehicle Inspection

As a rule inspections for vehicles are required each year. Certain types of vehicles, like those sold privately or those with inspection stickers that are expired, might require more frequent inspections. In certain situations, like when the New York resident moves and must update their address, it's required that the vehicle be inspected prior to issuing new stickers.

When an inspector conducts an inspection they begin by verifying a few details such as the vehicle's make and model, its registration date as well as the odometer reading and so on. The inspector will then inspect the vehicle, beginning with the obvious parts like the windshields and mirrors, the lights and the horn. There are many checklists to ensure thorough inspections are carried out, including checking for things like corrosion or suspension parts.

Drivers must be alert and be aware of other motorists, pedestrians and potential hazards. Inattention to this can constitute negligence. Drivers must also keep control at all time. A defective vehicle can result in a loss of control of the vehicle, that can result in severe injuries. A vehicle's manufacturer may also be held responsible for the accident if it was caused by an auto defect or a component part.

Defective Components or Parts

In order to make a vehicle function correctly, thousands of tiny mechanical parts and electrical components must work together. When one of these parts fails, the consequences can be disastrous. These accidents are typically caused by manufacturing defects or other issues with the construction or design the component. If a malfunctioning part of a vehicle is the reason of an accident, then the party responsible for the accident could be responsible for compensating victims for injuries.

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

Defective auto parts include brakes, airbags, seatbelts and tires or any other part that may not perform as intended, leading to an accident. Sometimes, these issues are caused by aftermarket enhancements that weren't designed with the same care as the initial parts on a vehicle. Sometimes, the flaw can be found in the original design of the part.

The manufacturers are required to create vehicles that meet minimum safety standards. If the vehicle or its components were not designed or built according to these standards, the manufacturer may be held accountable in a product liability lawsuit for any damages that occur as a result of an accident that was caused by the defective component.

Insurance Coverage

In many states, drivers are required to carry insurance if their negligent or misconduct can cause harm to others. Liability insurance covers bodily injuries and property damage liability.

The bodily injury liability covers medical expenses as well as those of other people injured by your car in an accident in excess of the policy limit. There is usually a limit for each injured person and a maximum for all property damage. Some insurance companies offer policies that have higher limits on these kinds of damages.

Property damage insurance will repair or replace your vehicle if it is damaged by an event other than a collision with another car or other object, like theft, fire, windstorm and the impact of deer. The coverage can also cover damage caused by driving through 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, however some states only require it if the at-fault driver does not have insurance or has inadequate insurance. This coverage will reimburse you or your passengers for your injuries to property and medical expenses when the driver at fault has no insurance, is uninsured or in a hit-and-run crash.