What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are guided by standard common-law concepts of negligence, there are a number of issues specific to this particular practice area.

Under New York law, owners of vehicles are accountable for Vimeo accidents that occur while their vehicles are operated without their permission, either express or implied. Our dedicated legal team handles these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony can be a useful supplement to other evidence in relation to motor vehicle accident lawyer vehicle cases. This type of testimony usually helps identify the person who committed the crime or provide details about the circumstances of the crash. However there is a large research that indicates that eyewitness identifications can be highly incorrect.

Witnesses are prone, for example, to make a mistake when trying to recall an object's color or shape. Perceptual distortions like faded memories can make a person forget the specific moment.

Witness memory can also be altered when a witness receives crucial questions or details. Researchers found that in one study asking participants to estimate the speed of a car influenced their responses. Other factors that impact the accuracy of eyewitness testimony include age levels, attention, skill in coping with stress, health conditions and prejudice.

While many experts insist that eyewitness testimony can be trusted there is a need to sensitize jurors and law enforcement agencies about the possibility of error in this type of evidence. In certain cases, incorrect eyewitness testimony has led to for wrongly convicted people and even murder. For instance, in 2018, the Innocence Project was able to show that the fingerprints of the cup used by an eyewitness to identify the suspect in a burglary were not Royal Clark's.

Vehicle Examining

In general inspections of vehicles are required to be conducted annually. Some vehicles may need to be examined more frequently, such as those that are sold at private sales or with an expired inspection sticker. 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 is inspected before the new stickers are issued.

A forensic examiner will first verify a few specifics like the model and make of the vehicle, its registration date as well as the odometer reading. on. The inspector then will inspect the vehicle, starting with the obvious areas such as the mirrors and windshields, the lights and the horn. There are several checklists to ensure a thorough examination has been completed, including looking for things like rust and suspension components.

Drivers need to be alert and keep an eye out for pedestrians, other motorists and potential dangers. Failure to do this could constitute negligence. The driver must also keep control at all times. A vehicle that is not in good condition could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer of the vehicle could be held accountable under the law on product liability in the event that the accident was caused by an issue with the vehicle or any of its components.

Parts or Components that are defective

For a vehicle to function effectively, thousands of tiny mechanical and electrical components must work together. When one of these components fails, the consequences can be devastating. Often, these accidents are the result of manufacturing defects or other problems in the design or construction of a particular component. If a malfunctioning part of a car is the cause of an accident, the person responsible for the accident may be liable for a reimbursement to victims for injuries.

Many people believe that the majority of car accidents are caused by human error. While 94 percent of crashes are caused by driver mistakes, there are also other factors such as roads and parts that are defective that could cause an accident.

Defective auto parts include brakes and airbags, seatbelts and tires or any other component that can fail to perform as intended, leading to an accident. Sometimes, these flaws are caused by aftermarket modifications that were not designed with the same level of care as the original components on the vehicle. Sometimes, the defect is in the original design of a component.

Manufacturers are required to produce vehicles that meet minimum safety standards. If a vehicle or its parts were not manufactured or designed according to these standards the manufacturer could be held liable in a lawsuit for product liability for any damages that occur as a result of an accident caused by the defective component.

Insurance Coverage

Most states use an insurance system called tort liability that requires drivers to be insured in the event that their conduct or negligence causes injury to others. Liability insurance covers bodily injuries liability and property damage liabilities.

Bodily injury liability pays for your medical bills and the medical expenses of those injured in a collision caused by your car as long as you meet the policy limits. There is typically a limit per injured person and a limit for property damage in all forms. Certain insurance companies offer policies that have higher limits on these types of damages.

Property damage coverage pays to repair or replace your vehicle if it is damaged due to something other than collision with another car or object, like theft, fire, windstorm and the impact of deer. This coverage may also cover damage resulting from driving through potholes. This type of insurance is required in New York, among other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required. However, certain states require it only when the driver at fault is not covered by insurance. The coverage pays you or your passengers for your injuries to property and Vimeo medical expenses when the at-fault driver has no insurance, is underinsured or is involved in a hit-and run crash.