What Is a motor vehicle accident law firm Vehicle Case?

A motor vehicle case is a personal injury lawsuit that relates to 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 accountable for accidents that occur when their vehicles are being operated with their permission, whether explicit or implied. Our legal team takes care of these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be an important addition to other evidence in a motor car case. This type of testimony can be used to identify the perpetrators of crimes and provide details on what caused the accident. However there is a huge collection of studies that show eyewitness accounts can be extremely inaccurate.

Witnesses are likely, for example, to make a mistake when recalling an object's color or shape. Perceptual distortions, like fading memories, can also cause a person to miss a specific incident.

Moreover, witness memory can be affected by the direction of questions or other information that is provided to witnesses. Researchers found that in one study asking participants to estimate the speed of a car affected their responses. Other factors that impact the accuracy of eyewitness testimony include age, attention level, skill and stress, health issues and prejudice.

Even though many experts will claim that eyewitness testimony is able to be relied upon there is a need to educate law enforcement agencies and jurors about the possibility of error in this kind of evidence. In a few cases, faulty eyewitness testimony has led to for wrong convictions, and even murder. In 2018 the Innocence Project proved that the fingerprints found on a coffee cup which a witness used to identify the suspect during a burglary, were not those of Royal Clark's.

Vehicle Inspection

In general, vehicle inspections are required each year. Certain types of vehicles might need be checked more often, such as those that are sold via private sales or those that have an inspection sticker that has expired. In certain circumstances, such as when the New York resident moves and has to change their address, it is mandatory that the vehicle be examined prior to the issuance of new stickers.

An inspector will first verify a few specifics, such as the model and make of the vehicle and the registration date and odometer read, and so on. They then look over the vehicle itself, starting with the most obvious parts like the mirrors, windshields, lights and horn. There are several checklists to ensure thorough inspections are carried out, including checking for things such as corrosion or suspension parts.

Drivers must be aware and alert for pedestrians, motorists, and potential dangers. Failure to do so can be considered to be negligence. The driver must also keep control at all times. A vehicle that is not in good condition could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer could be held liable under the law of product liability when the accident was caused by an issue with the car or its component parts.

Defective Components or Parts

For a vehicle to function effectively, thousands of tiny mechanical and electrical parts must function. If one of these components fails, the results can be devastating. These accidents are usually caused by manufacturing flaws or other issues related to the design or construction the component. If a car part that is defective is the reason for an accident, the party responsible may be liable to compensate the victims of the crash for their injuries.

Many people believe that all accidents involving cars are caused by human error. While 94 percent are caused by driver mistakes however, there are other factors like road conditions or defective parts that can cause an accident.

Defective auto parts include brakes and airbags, seats and tires or any other component which is unable to perform as intended, leading to an accident. Sometimes, these issues are caused by aftermarket enhancements that weren't made with the same level of care as the initial parts on the vehicle. Sometimes, the defect is found in the original design of a component.

Manufacturers are required to make cars that meet minimum safety standards. If a vehicle, or even one of its components, were not designed or built to meet these standards, the manufacturer may be held liable for any damages that result from an accident caused by a defect in the part.

Insurance Coverage

In most states, motorists are required to have insurance in the event that their carelessness or misconduct causes harm to others. Liability insurance covers bodily injury liability and property damage liability.

The bodily injury liability covers medical expenses and the medical expenses of anyone else injured by your vehicle in an accident as long as you meet the policy limit. Typically, there is an additional limit for each person injured and motor vehicle accident a unified limit for the total amount of property damage. Certain insurers offer optional policies with higher limits for these types of damages.

Property damage insurance will repair or replace your vehicle when it is damaged by an event other than collision with a vehicle or object, like theft, fire, windstorm and the impact of deer. It could also cover damage to your car caused by 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 does not have insurance or has inadequate insurance. This insurance covers medical and property damages in the event that the driver at fault has no insurance or is uninsured.