What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that is based on the accident of a motor vehicle. Although the majority of cases are governed by the common law principles of negligence but there are a range of specific issues pertaining to this practice.
According to New York law, vehicle owners are accountable for accidents that occur while their vehicles were being operated with their explicit or implied permission. Our legal team tackles these cases as an emergency basis.
Eyewitness Testimony
Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle accident. This type of testimony usually aids in identifying the person who committed the crime or provide specifics about how the crash took place. However there is a vast research that indicates that eyewitness identifications can be highly in error.
Witnesses are likely to make errors when recalling an object's color or shape. In addition, perceptual distortions -- like fading memories can also affect a person's memory of a specific incident.
Witness memory can also be affected when a witness is presented with crucial questions or details. For instance, researchers in an study found that asking participants to estimate the speed at which a car was traveling affected their responses. Other factors that impact the accuracy of eyewitness accounts include age, attention level, skill in coping with stress, health conditions and prejudice.
While many experts insist that eyewitness testimony can be relied upon however, it is important to sensitize law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some cases, eyewitness testimony that was incorrect has led to wrongful 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.
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As a general rule, vehicle inspections must be conducted annually. Certain types of vehicles might need be examined more frequently in certain circumstances, like those that are sold through private sales or those that have an expired inspection sticker. It is also required in certain situations, like when a resident of New York moves and needs to change their address, that their vehicle is inspected before the new stickers can be issued.
When an inspector conducts an inspection they begin by confirming a few details such as the car's make and model as well as the date of registration and the odometer's reading, and others. The inspector will then examine the vehicle, starting with the obvious areas such as the windshields and mirrors as well as the lights and horn. There are a variety of checklists to assure that a thorough inspection of the vehicle has been conducted, which includes inspecting things like suspension parts that are rusty and rusty.
Drivers are expected attentive on the road and keep an eye out for pedestrians, other drivers, and potential hazards. In the event of a crash, it could be construed as negligence. It is also the driver's responsibility to keep control of their vehicle at all time. A vehicle that is defective can cause a loss in control of the vehicle which could result in serious injuries. The manufacturer of a vehicle may be held accountable for the accident in the event that it was caused by an auto defect or a component part.
Defective Components or Parts
For a vehicle to function effectively, thousands of tiny mechanical and electrical components must work together. If one of these components fails, the results can be devastating. Most often, these accidents are the result of manufacturing defects or other problems in the design or construction of a particular part. If a defective part of a vehicle is the reason of an accident, then the person accountable for the incident could be responsible for compensating victims for their injuries.
Many people believe that all auto accidents occur due to human error. While the majority 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 car parts include brakes seats, airbags, tires or any other component that may not function as intended and lead to an accident. Sometimes, these flaws are caused by aftermarket upgrades that were not designed with the same attention to detail as the original parts on a vehicle. Sometimes, the flaw is in the original design of a component.
Manufacturers are required by law to make vehicles that meet the minimum safety standards. If a vehicle or its parts were not designed or built to these specifications, the manufacturer may be held liable in a lawsuit for product liability for any damages that occur as a result of an accident caused by the defective component.
Insurance Coverage
The majority of states operate under an insurance system called tort liability that requires drivers to be insured in case their misconduct or negligence causes injury to others. Liability coverage includes bodily injury liability as well as property damage liability.
The bodily injury liability covers your medical costs as well as those of other people injured by your vehicle in an accident as long as you meet the policy limit. Typically, there is an individual limit for each person injured and a unified limit for the total amount of property damage. Some insurers offer optional policies that have greater limits for these types of damages.
Property damage insurance pays to repair or replace your vehicle if it is damaged by something other than collision with another car or object, such as windstorm, fire, theft and the impact of deer. It can also cover damage caused by driving through potholes. This type of insurance is mandatory in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, but some states only require it if the driver at fault is not insured or has inadequate insurance or has inadequate insurance. This coverage reimburses you or your passengers for your injuries to property and medical expenses when the driver at fault has no insurance, is uninsured or involved in a hit and run accident.