What Is a Motor Vehicle Accident Lawsuits Vehicle Case?

A motor vehicle accident law firm vehicle case is a personal injury lawsuit that is based on the accident of a motor vehicle. While the majority of cases are subject to common law principles, there are some issues which are unique to this specific area.

According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were being operated with their explicit or implied consent. Our dedicated legal team handles these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony is a valuable supplement to other evidence when it comes to motor vehicle accidents. This type of testimony can be used to identify the perpetrators of crime or provide details on how the accident occurred. However there is a huge collection of studies that show eyewitness testimony can be wildly inaccurate.

Witnesses are likely, for example, to make mistakes when recollecting an object's color or shape. In addition, perceptual distortions -- such as fading memories can also alter a person's memory of an event.

Witness memory can also be impaired when witnesses are given specific questions or facts. Researchers found that in one experiment, telling participants to estimate the speed of a car influenced their responses. Other factors that affect the reliability of eyewitness testimony include age, attention level, skill and stress, health issues and prejudice.

Although many experts say that eyewitness evidence can be relied upon there is a need to educate law enforcement agencies and jurors about the possibility of error in this type of evidence. In some cases, incorrect eyewitness testimony is responsible for wrongly convicted people and even murder. For instance, in 2018 the Innocence Project was able to show that the fingerprints of the cup used by a witness to identify the suspect in a burglary not those of Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles must be performed every year. Some vehicles may need to be regularly inspected for instance, those sold through private sales or those that have an expired inspection sticker. It is also required in certain situations, for instance when a resident of New York moves and needs to change their address, that their vehicle be inspected before the new stickers can be issued.

When an inspector conducts an inspection, they start off by verifying certain details such as the vehicle's make and model as well as the date of registration as well as the odometer reading and so on. They then examine the vehicle, starting with the most obvious parts like the mirrors, windshields, lights, and the horn. There are numerous checklists that assure that a thorough inspection of the vehicle has been completed, including looking for things like suspension parts that are rusty and rusty.

Drivers must be vigilant and watch out for pedestrians, motorists, and other potential dangers. Failure to do this can be construed as negligence. A driver must also maintain control at all time. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the manufacturer could be held accountable under the laws of product liability when the accident was caused by a defect in the vehicle or its component parts.

Defective Parts or Components

For a vehicle to function properly, thousands of tiny mechanical and electrical parts must function. If one of these components fails, the consequences can be devastating. Most of the time, these accidents are caused by manufacturing defects or other issues in the design or construction of a specific component. If a defect in the design or construction of a vehicle is at the root of an accident, then the person accountable for the incident could be liable to compensate victims for their injuries.

Many people believe that all auto accidents are caused by human error. While 94 percent of accidents are caused by driver mistakes, there are also other factors like road conditions and defective components that can cause an accident.

Defective auto parts include brakes, tires, seatbelts and airbags or any other part that could fail to perform as intended, resulting to an accident. Sometimes, these flaws are caused by aftermarket improvements that weren't made with the same level of care as the original parts on vehicles. Sometimes, the flaw is in the original design of the part.

Manufacturers are required to create vehicles that meet the minimum safety standards. If a vehicle, or even one of its components, was not built or designed in accordance with these standards, the maker is liable for any damage resulting from an accident caused by a defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their negligence or misconduct can cause harm to others. Liability coverage includes bodily injuries and property damage liability.

Bodily injury liability is a way to pay for your medical expenses and the medical bills of others injured in a collision caused by your vehicle as long as you meet the limits of your insurance policy. There is typically a limit per injured person, and a limit for property damage in all forms. Certain insurers offer policies that have higher limits on these kinds of damages.

Property damage insurance will repair or replace your vehicle if it is damaged by something other than collision with a vehicle or other object, like windstorm, fire, theft and the impact of deer. This coverage may also cover damage resulting from driving through potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, but some require it only when the driver at fault has no insurance or is not insured at all. The coverage pays for property and medical damages when the driver at fault has no insurance or is underinsured.

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