What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that relates to an accident involving a motor vehicle accident Law firms vehicle. While the majority of cases are guided by the common law principles of negligence but there are a range of specific issues pertaining to this area of practice.

According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were being operated with their express or implied consent. Our legal team takes on these cases on an emergency basis.

Eyewitness Testimony

Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle accident lawsuits vehicle case. This kind of evidence can be used to identify the perpetrators of crimes and provide details on the circumstances of the accident. However there is a huge research that indicates that eyewitness testimony can be wildly inaccurate.

Witnesses, for instance, tend to make errors in recalling the color of an object or its shape. Furthermore perceptual distortions like fading memories -- can also alter a person's memories of a particular event.

In addition, the memory of witnesses may be distorted by leading questions or other information offered to a witness. For instance, in one study found that asking participants to estimate the speed at which a car was traveling affected their responses. Other factors that influence the credibility of eyewitness testimony include age, attention, skills, stress levels as well as health conditions, prejudices, previous experiences, cognitive state, confidence or degree of certainty as well as a suggestion of questioning, biased lineups and racial or personal bias.

Although many experts affirm that eyewitness testimony can be relied upon however, it is important to sensitize law enforcement agencies and jurors about the potential for error in this kind of evidence. In some instances, eyewitness testimony that was incorrect has led to wrong convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup that a witness used to identify the suspect in a burglary not the signatures of Royal Clark's.

Vehicle Inspection

In general, vehicle inspections must be conducted every year. Certain vehicles might need to be examined more frequently like those that are sold at private sales or have 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, that their vehicle is inspected before the new stickers are issued.

When an inspector conducts an inspection, they begin by confirming some details, such as the car's model and make and registration date and the odometer's reading, and the list goes on. The inspectors then start to look at the vehicle, starting with the most obvious parts like the mirrors the windshields, the lights and the horn. There are several checklists to assure that a thorough inspection of the vehicle has been completed, including looking for things such as rust and suspension components.

Drivers are expected alert on the road and keep an eye out for pedestrians, other drivers, and potential hazards. Failure to do this could be considered to be negligence. It is also the driver's duty to maintain control of their vehicle at all the time. A vehicle that is not in good condition can cause a loss in control of the vehicle which could result in serious injuries. It is also possible that the manufacturer may be found to be liable under product liability laws in the event of an accident caused by a defect in the vehicle or any of its components.

Defective Parts or Components

To make a vehicle work effectively, thousands and millions of tiny mechanical components and electrical components have to work together. If one of these parts fails, the consequences can be devastating. These accidents are typically the result of manufacturing faults or other issues with the design or construction an element. If a defective part of a vehicle is the reason of an accident, the party responsible for the accident may be liable for a reimbursement to victims for their injuries.

Many people believe that all auto accidents occur because of human error. While 94 percent are caused by driver mistakes but there are other factors, such as roads and parts that are defective that can cause an accident.

Defective auto parts include brakes and airbags, seats and tires or any other device that could fail to perform as intended, resulting to an accident. Sometimes, these issues result from aftermarket upgrades that weren't designed with the same level of care as the original components on vehicles. Sometimes, the problem could be in the original design of a specific component.

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

Insurance Coverage

Most states follow a tort liability system that requires drivers to carry insurance in case their misconduct or negligence causes injury to others. Liability insurance covers bodily injury as well as property damage liabilities.

The bodily injury liability covers medical expenses as well as those of other people injured by your vehicle in an accident up to the policy limit. There is usually a limit for each injured person and a limit for property damage in all forms. Certain insurers offer optional policies with higher limits for these kinds of damages.

Insurance for property damage will repair or replace your vehicle if it is damaged by something other than a collision with another vehicle or object, for example windstorm, fire, theft and the impact of a deer. It may also protect your vehicle from damage from 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 many states, however certain states require it only if the driver at fault is not insured or has inadequate insurance or has inadequate insurance. This insurance covers you or your passengers for your medical and property losses when the at-fault driver is not insured, has no insurance, is underinsured or involved in a hit-and-run accident.