What Is a Motor Vehicle Case?

A minneola motor vehicle accident lawsuit vehicle case is a personal injury lawsuit that is based on an accident involving a Ogden Motor Vehicle Accident Law Firm vehicle. Although most cases are governed by standard common-law concepts of negligence but there are a range of specific issues pertaining to this practice area.

Under New York law, owners of vehicles are responsible for accidents that occur when their vehicles are operated without their permission, either express or implied. Our legal team tackles these cases on an emergency basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence in relation to motor vehicle related cases. This type of testimony usually aids in identifying the criminal or provide information about the manner in which the crash occurred. However, there is a wide body of research indicating that eyewitness testimony can be wildly in error.

Witnesses, for instance, are prone to making mistakes in recollecting the hue of an object or its shape. Additionally, perceptual distortions -- like fading memories -- can also alter a person's memory of a specific event.

Additionally, the memory of witnesses can be distorted by leading questions or other information offered to a witness. Researchers discovered that in one experiment where participants were instructed to estimate the speed of a car influenced their responses. Other factors that influence the reliability of eyewitness testimony include age, attention skill, stress level and health conditions, prejudice, prior experience, cognitive state, confidence or degree of certainty and suggestive questions, biased lineups and racial or individual bias.

Although many experts claim that eyewitness testimony is able to be relied upon, there is a need to sensitize law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some cases, eyewitness testimony that is not correct has led to wrongful convictions, or even murder. In the case of 2018, for instance the Innocence Project was able to prove that the fingerprints on a cup used by witnesses to identify the suspect in a burglary were not Royal Clark's.

Vehicle Inspection

In general inspections for vehicles should be conducted annually. Some vehicles may need to be inspected more frequently, such as those that are sold via private sales or those that have an expired inspection sticker. In certain instances, such as when someone who is a New York resident moves and requires a change of address, it is mandatory that the vehicle be inspected prior to issuing new stickers.

When an inspector conducts an inspection they begin by checking some details, such as the car'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 areas, such as the mirrors and windshields as well as the lights and horn. There are several checklists to ensure that thorough inspections are performed, including checking for things like suspension components or rust.

Drivers are expected to be attentive on the road and to look out for other drivers, pedestrians and other potential hazards. Inattention to this can be considered to be negligence. A driver must also maintain control at all the time. A vehicle with a defect could lead to a loss of control over the vehicle, that can result in severe injuries. It is also possible that the vehicle's manufacturer may be found to be liable under the laws of product liability in the event of an accident caused by an issue with the car or its component parts.

Parts or Components with Defective Components

To ensure that a vehicle functions correctly, thousands of tiny mechanical components and electrical components have to work together. If one of these parts is damaged, the result can be disastrous. These incidents are typically due to manufacturing errors or other problems related to the design or construction an element. If a car component that is defective is the cause of an accident, the responsible party could be responsible for compensating the victims of the crash for their injuries.

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

Defective components of a car include brakes, tires, seatbelts, airbags, or any other component that can fail to work as designed and lead to an accident. These defects could be caused by aftermarket parts that were not made with the same care as the original parts on a car. Other times, the defect is in the design of a particular part.

Manufacturers are required to produce vehicles that meet minimum safety standards. If the vehicle, or any parts of it, was not designed or built to these specifications the manufacturer could be held responsible for any damages resulting from an accident caused by a defective part.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or conduct results in harm to others. Liability coverage includes bodily injury liability and property damage liability.

Bodily injury liability covers your medical bills and the medical bills of anyone else injured in a collision caused by your vehicle as long as you meet the limits of your insurance policy. There is usually an amount for each injured person as well as a limit for property damage in all forms. Certain insurers offer optional policies with higher limits for these types of damages.

Property damage insurance pays to repair or replace your vehicle when it is damaged due to something other than a collision with another car or other object, like windstorm, fire, theft and the impact of deer. It can also cover damage to your car caused by driving on potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, however some states only require it if the driver at fault has no insurance or is not insured at all. This coverage covers your property and medical damages if the at-fault motorist has no insurance or is underinsured.