What Is a Motor Vehicle Case?

A motor vehicle lawsuit is any personal injury lawsuit that results from an accident in a motor vehicle. While the majority of cases are subject to common law, there are some issues that are unique to this specific area.

According to New York law, owners of vehicles are responsible for accidents that occur while their vehicles are operated with their permission, whether explicit or implied. Our dedicated legal team handles these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence related to motor vehicle accident (just click the next web page) vehicle related cases. This type of testimony usually assists in identifying the perpetrator of a crime or provide information about how the crash took place. However, there is a wide body of research indicating that eyewitness identifications can be highly in error.

Witnesses are susceptible to make a mistake when recalling an object's color or shape. Additionally, perceptual distortions -- like fading memories can also alter a person's memory of a specific event.

Witness memory can also be impaired if a witness is given specific questions or facts. For instance, researchers in an experiment found that telling participants to estimate the speed at which a car was traveling affected their responses. Other factors that influence the accuracy of eyewitness testimony include age, attention skill, stress level and health conditions, prejudice, previous experiences, cognitive state, motor vehicle accident confidence or level of certainty in the form of suggestion, bias lineups and personal or racial bias.

While many experts will insist on the credibility of eyewitness testimony but it is essential to educate jurors and law enforcement agencies members on the possibility of mistakes. In a few cases, faulty eyewitness testimony has been responsible for wrongful convictions and even murder. For instance, in 2018 the Innocence Project was able to prove that the fingerprints on the cup used by a witness to identify the suspect in a burglary were not the Royal Clark's.

Vehicle Inspection

In general inspections of vehicles are required to be performed every year. Certain vehicles, like those sold privately or those that have expired inspection stickers may require periodic inspections. In certain situations, for instance, when someone who is a New York resident moves and has to change their address, it is mandatory that the vehicle be examined prior to issuance of new stickers.

When an inspector conducts an inspection, they start off by verifying some of the details like the car's make and model as well as the date of registration and the odometer's reading, and the list goes on. The inspector will then look over the vehicle, starting with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are numerous checklists to ensure that an exhaustive inspection is done, including checking for things like suspension components or rust.

Drivers must be vigilant and watch out for pedestrians, motor vehicle accident other motorists and any potential dangers. Failure to do so can constitute negligence. It is also a driver's responsibility to keep control of their vehicle at all at all times. A vehicle that is defective can cause a loss in control of the vehicle, which could cause serious injuries. It is also possible that the vehicle's manufacturer could be found liable under the laws of product liability if the accident was caused by an issue with the car or the parts that make it up.

Parts or Components with Defective Components

To make a vehicle work correctly, thousands and thousands of tiny mechanical parts and electrical components have to work together. When one of these components malfunctions, the result could be devastating. Most of the time, these accidents are caused by manufacturing defects or other issues in the design or construction of a particular part. If a car component that is defective is the cause of an accident, the person responsible is likely to be responsible for paying the crash victims for their injuries.

Many people believe that all auto accidents happen because of human error. While nearly 94 percent of car accidents are caused by driver error but there are other causes which can cause a crash including road conditions, and defective auto parts.

Defective car parts include brakes seatbelts and tires, airbags, or any other component that can fail to work according to the specifications and cause an accident. Sometimes, these defects result from aftermarket upgrades that weren't made with the same level of care as the original components on a vehicle. Sometimes, the problem can be found in the initial design of a particular part.

Manufacturers are required to design vehicles that meet minimum safety standards. If the vehicle or its components were not constructed or designed to these specifications, the manufacturer may be held liable in a lawsuit for product liability for any injuries that may occur in the event of an accident caused by the defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their recklessness or conduct causes harm to others. Liability coverage includes bodily injuries as well as property damage liabilities.

The bodily injury liability covers medical expenses and those of others injured by your car in an accident, up to the policy limit. There is typically a limit for each injured person and a maximum for property damage in all forms. Some insurance companies offer policies with higher limits for these types of damages.

Property damage coverage pays to repair or replace your vehicle if it is damaged by an event other than a collision with another vehicle or other object, like windstorm, fire, theft and the impact of a deer. This insurance may also cover damage that is caused by driving over potholes. This type of coverage is mandatory in New York and some other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states only require it when the driver at fault does not have insurance. The coverage pays for property and medical expenses when the driver at fault does not have insurance or is uninsured.