What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that is based on a motor vehicle accident. Although the majority of cases are governed by standard common-law concepts of negligence but there are a range of specific issues that are unique to this area of practice.

According to New York law, owners of vehicles are liable for accidents that occur when their vehicles are operating with their permission, express or implied. Our dedicated legal team handles these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony can be an important addition to other evidence in a motor vehicle crash. This kind of evidence can be used to identify the perpetrators of crimes and provide information about what caused the accident. There is a huge body of research that indicates eyewitness identifications are often inaccurate.

For instance, witnesses are prone to making mistakes when they try to recall the color of an object or its shape. Perceptual distortions, for vimeo example, memory loss, may cause a person to miss a specific event.

Witness memory can also be impaired when a witness receives crucial questions or details. For instance, researchers in an experiment found that telling participants to estimate how fast the car was travelling influenced their answers. Other factors that influence the reliability of eyewitness testimony include age, attention ability, stress level, health issues, prejudice, previous experiences, cognitive state, the degree of certainty or confidence as well as a suggestion of questioning, biased lineups and personal or racial bias.

While many experts insist on the validity of eyewitness testimony, Vimeo it's essential to educate law enforcement agencies and jury members about the possibility for mistakes. In some cases, eyewitness testimony that was inaccurate has led to incorrect convictions or 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 Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles are required to be conducted every year. Certain vehicles might need to be checked more often like those that are sold through private sales or those that have an inspection sticker that has expired. It is also mandatory for certain circumstances, like when a resident of New York moves and needs to change their address, it is required that their vehicle is inspected prior to when the new stickers are issued.

When an inspector conducts an inspection they begin by checking some of the details like the car's model and make, its registration date and odometer reading and the list goes on. They then look over the car itself, beginning with the most obvious areas like the mirrors the windshields, the lights, and the horn. There are several checklists to ensure thorough inspections are completed, which includes checking for things such as suspension components or rust.

Drivers need to be alert and alert for other motorists, pedestrians and Vimeo any potential dangers. Inability to do this could be considered negligence. The driver must also keep control at all time. A vehicle that is defective can lead to a loss of control of the vehicle, which could cause serious injuries. A car's manufacturer could be held liable for the accident in the event of an automobile defect or component part.

Components or parts that are defective

In order for a vehicle to function properly, thousands of tiny electrical and mechanical components must work together. If one of these components is damaged, the result can be devastating. Most of the time, these accidents are the result of manufacturing defects or other problems in the construction or design of a specific part. If a defective part of an automobile is the cause of an accident, the party accountable for the incident could be liable for compensating the victims for their injuries.

Many people think that all auto accidents occur due to human error. While the majority of car accidents are caused by driver errors, there are other factors which can cause a crash including road conditions and defective auto parts.

Defective auto parts include brakes, airbags, seats and tires or any other part that can fail to perform as intended, leading to an accident. Sometimes, these issues are the result of aftermarket upgrades that were not designed with the same level of care as the original parts on vehicles. Other times, the flaw may be present in the initial design of the particular component.

Manufacturers are required to build cars that meet the minimum safety standards. If a vehicle or its parts weren't designed or constructed to these specifications, the manufacturer may be held responsible in a lawsuit for product liability for any damages that result due to an accident caused by the defective part.

Insurance Coverage

Most states use the tort liability system which obliges drivers to carry insurance in case their misconduct or negligence causes injury to another. Liability insurance covers bodily injury liability and property damage liabilities.

The bodily injury coverage covers your medical expenses as well as those of other people injured by your car in an accident, up to the policy limit. There is typically an amount for each injured person and a limit for all property damage. Some insurers offer optional policies with greater limits for these types of damages.

Property damage insurance will cover to repair or replace your car should it be damaged in any way other than collision. This includes theft, fire or windstorm, as well as collision with a deer. This insurance may also cover damage caused by driving through potholes. This type of insurance is mandatory in New York and some other states.

In many states the uninsured or underinsured driver insurance (UM/UIM) is a requirement. However, certain states require it only when the driver at fault is not covered by insurance. This insurance covers medical and property damage if the at-fault motorist has no insurance or is uninsured.