What Is a Motor Vehicle Case?

A motor vehicle accident attorney vehicle case is a personal injury lawsuit that relates to an accident in a motor vehicle. While the majority of cases are guided by the common law principles of negligence however, there are a variety of specific issues pertaining to this practice.

According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were operated with their express or implied consent. Our dedicated legal team handles these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence related to motor vehicle accident vehicle-related cases. This type of testimony usually helps identify the culprit of a crime or provide information about how the crash occurred. There is a wealth of research that indicates eyewitness testimony is often not reliable.

For instance, witnesses are prone to making mistakes in recollecting the color of an object or its shape. Additionally perceptual distortions such as fading memories can also alter a person's memory of an event.

Witness memory can also be distorted when a witness receives important questions or information. Researchers discovered that in one study asking participants to estimate the speed of a car had an impact on their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention skill, stress level, health issues, prejudice, previous experience, cognitive status, confidence or degree of certainty in the form of suggestion, bias lineups and personal or racial bias.

Although many experts insist on the reliability of eyewitness testimony, it is essential to educate jurors and law enforcement agencies members about the possibility for mistakes. In some cases, incorrect eyewitness testimony has been the cause for wrongful convictions and even murder. For instance, in 2018, the Innocence Project was able to establish that the fingerprints on a cup used by witnesses to identify the suspect in a burglary were not those of Royal Clark's.

Vehicle Inspection

In general inspections for vehicles are required every year. Certain vehicles, like private-sale vehicles or those with expired inspection stickers, might require more frequent inspections. In certain circumstances, such as when an New York resident moves and has to change their address, Vimeo it's required to have the vehicle inspected prior to issuing new stickers.

When an inspector conducts an inspection they begin by confirming some of the details like the car's model and make as well as the date of registration and odometer reading and the list goes on. They then examine the vehicle itself, starting with the obvious areas like mirrors, the windshields, the lights, and horn. There are many checklists that will ensure that an accurate inspection is completed, which includes the detection of things like corrosion or suspension components.

Drivers must be alert and keep an eye out for other motorists, pedestrians and other potential dangers. Failure to do this can be construed as negligence. Drivers must also keep control at all 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 in the event of an auto defect or a component part.

Parts or Components that are defective

To ensure that a vehicle functions effectively, thousands and millions of tiny mechanical parts and electrical components have to work together. If one of these parts fail, the consequences could be catastrophic. These accidents are often due to manufacturing errors or other issues in the design or construction of the component. If a malfunctioning part of a vehicle is at the root of an accident, then the person responsible for the accident could be liable to compensate victims for injuries.

Many people believe that all accidents involving cars are caused by human error. While the majority of car accidents are caused by driver error, there are other factors that can trigger a crash like road conditions and deficient auto parts.

Defective components of a car include brakes, tires, seatbelts, Vimeo airbags or any other component that may not function as intended and lead to an accident. Sometimes, these defects are caused by aftermarket improvements that were not designed with the same care as the original parts on a vehicle. Sometimes, the problem is present in the original design of a part.

Manufacturers are required by law to make vehicles that meet the minimum safety standards. If a vehicle or its parts weren't designed or constructed according to these standards the manufacturer could be held accountable in a lawsuit for product liability for any injuries that may occur as a result of an accident that was caused by the defective part.

Insurance Coverage

In most states, drivers are required to have insurance if their recklessness or misconduct causes harm to other drivers. Liability insurance covers bodily injury liability as well as property damage liability.

Bodily injury liability is a way to pay for your medical expenses and the medical bills of anyone else injured in a collision caused by your vehicle as long as you meet the policy limits. Typically there is a separate limit for each person injured and a unified limit for the total amount of property damage. Certain insurance companies offer policies that have higher limits for these types of damages.

Insurance for property damage will repair or replace your vehicle when it is damaged by something other than a collision with a vehicle or object, for example theft, fire, windstorm and the impact of deer. This coverage may also cover damage that is caused by driving through potholes. This kind of insurance is required in New York, among other states.

In many states the uninsured or underinsured driver insurance (UM/UIM), is mandatory. However, certain states require it only when the driver at fault has no insurance. This coverage covers your medical and property damage in the event that the at-fault driver does not have insurance or is underinsured.