What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves an accident in a motor Vehicle Accident law firm vehicle. While the majority of cases are subject to common law concepts, there are some issues that are specific to this particular area.

According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were being operated with their express or implied permission. Our legal team takes care of these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a valuable addition to other evidence when it comes to motor vehicle accident lawyer vehicle related cases. This kind of evidence can be used to identify the perpetrators or criminals, or provide details on the circumstances of the accident. There is a vast body of research that indicates eyewitness testimony is often not reliable.

Witnesses are prone to make a mistake when recalling an object's color or shape. Perceptual distortions, like faded memories can cause a witness to misremember a specific event.

In addition, the memory of witnesses may be affected by questions that lead to or other information offered to witnesses. Researchers found that in one study, telling participants to estimate the speed of a car had an impact on their responses. Other factors that affect the reliability of eyewitness testimonies include age and attention level, as well as skill, stress, health conditions and prejudice.

Although many experts will insist on the validity of eyewitness testimony, it's crucial to educate law enforcement agencies and jury members on the possibility of error. In a few cases, faulty eyewitness testimony has led to for wrongful convictions and even murder. In 2018 the Innocence Project proved that the fingerprints found on a cup, which a witness used to identify the suspect during a burglary, were not Royal Clark's.

Vehicle Inspection

As a general rule, vehicle inspections must be conducted annually. Certain vehicles might need to be examined more frequently in certain circumstances, like those sold through private sales or those that have an expiring inspection sticker. In certain situations, for instance, when the New York resident moves and needs to update their address, it's mandatory that the vehicle be examined prior to the issuance of new stickers.

An inspector will first confirm certain details, such as the model and make of the vehicle, its registration date and odometer read, and so on. The inspectors then start to look at the vehicle, starting with the most obvious areas like the mirrors windshields, lights and the horn. There are a variety of checklists to ensure that a thorough inspection is completed, which includes the inspection of things like rust and suspension components.

Drivers need to be alert and be aware of pedestrians, motorists, and potential hazards. Failure to do so can be considered negligence. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the car's manufacturer may be found to be liable under the law of product liability when the accident was caused by a defect in the vehicle or any of its components.

Parts or Components that are defective

To ensure that a vehicle functions correctly, thousands of tiny mechanical components and electrical components must work together. If one of these components fail, the consequences could be devastating. Most of the time, these accidents are the result of manufacturing defects or other issues in the design or construction of a specific part. If a defective part of a vehicle is at the root of an accident, then the party responsible for the accident could be liable for compensating the victims for injuries.

Many people believe that all auto accidents are caused by human error. While nearly 94 percent of car accidents are caused by driver errors, there are other factors that can trigger a crash including road conditions and defective auto parts.

Defective auto parts include brakes and airbags, seatbelts and tires or any other component that may not perform as intended, leading to an accident. Sometimes, these defects are caused by aftermarket upgrades that weren't made with the same level of care as the original parts on vehicles. Sometimes, the issue is in the design of the particular component.

Manufacturers are required to produce vehicles that meet minimum safety standards. If the vehicle, or any of its components, were not constructed or designed according in accordance with these standards, the maker may be held liable for any damage resulting from an accident caused by a defective part.

Insurance Coverage

In many states, drivers are required to carry insurance if their negligent or conduct results in harm to others. Liability insurance covers bodily injury and property damage liability.

The bodily injury liability covers your medical expenses and the medical expenses of anyone else injured by your car in an accident up to the policy limit. There is usually a limit per injured person, and a limit for all property damage. Certain insurers offer optional policies that have greater limits for these types of damages.

Property damage insurance will pay to repair or replace your car when it is damaged in any way other than by a collision. This includes fire, theft or windstorm, as well as collisions with deer. It can also cover damage to your car 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 mandatory in many states, but certain states require it only if the at-fault driver has no insurance or is not insured at all. This insurance covers you or your passengers for medical and property damages when the at-fault driver has no insurance, is uninsured, or in a hit-and-run crash.