What Is a motor vehicle accident attorney Vehicle Case?
A motor Vehicle accident lawsuits vehicle case refers to any personal injury lawsuit involving the motor vehicle involved in an accident. While the majority of cases are governed under common law principles however, there are a few issues which are unique to this particular area.
According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were being operated with their express or implied consent. Our legal team deals with these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can be a valuable supplement to other evidence in a motor vehicle case. This type of testimony typically aids in identifying the perpetrator of a crime or provide details about how the crash occurred. There is a large body of research that indicates eyewitness identifications are often inaccurate.
Witnesses are more likely, for example, to make errors when attempting to recall an object’s colour or shape. Perceptual distortions, like faded memories, may cause a witness to misremember the specific incident.
Witness memory can also be altered when a witness receives specific questions or facts. Researchers found that in one experiment in which participants were asked to estimate the speed of a car had an impact on their responses. Other factors that affect the reliability of eyewitness testimonies include age levels, attention, skill and stress, health issues and prejudice.
While many experts affirm that eyewitness testimony can be trusted there is a need to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In some cases eyewitness testimony that was inaccurate has led to incorrect convictions or even murder. In the case of 2018, for instance, the Innocence Project was able to establish that the fingerprints on a cup used by an eyewitness to identify the suspect in a burglary not those of Royal Clark’s.
Vehicle Inspection
In general inspections of vehicles are required to be performed every year. Certain types of vehicles might need be regularly inspected in certain circumstances, like those that are sold via private sales or have an inspection sticker that has expired. It is also mandatory in certain circumstances, like when residents of New York moves and needs to change their address, it is required that their vehicle is inspected prior to when the new stickers can be issued.
When an inspector conducts an inspection, they begin by confirming some details, such as the vehicle’s make and model and registration date and the odometer’s reading, and so on. They then look over the vehicle’s interior, beginning with the most obvious areas like the mirrors windshields, lights, and horn. There are a variety of checklists to ensure that a thorough inspection has been conducted, which includes inspecting things like rust and suspension parts.
Drivers must be alert and be aware of pedestrians, other motorists and other potential dangers. Inattention to this can be considered a breach of the law. A driver must also be in control at all time. A vehicle that is not in good condition can result in a loss of control over the vehicle that can result in severe injuries. It is also possible that the manufacturer of the vehicle could be held accountable under the law of product liability in the event of an accident caused by a defect in the car or any of its components.
Components or Parts that are defective
In order to make a vehicle function correctly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these components fail, the consequences could be disastrous. These accidents are typically due to manufacturing errors or other problems with the construction or design specific part. If a defective part of an automobile is the cause of an accident, then the party accountable for the incident could be responsible for compensating victims for their injuries.
Many people think that all auto accidents occur due to human error. While 94 percent of crashes are caused by driver error however, there are other factors such as road conditions or defective parts that can cause an accident.
Defective components of a car include brakes, seats, airbags, tires or any other component that fails to function as intended and lead to an accident. Sometimes, these flaws are caused by aftermarket modifications that weren’t made with the same level of attention to detail as the original parts on the vehicle. Sometimes, the flaw is in the original design of a component.
Manufacturers are required to produce vehicles that meet minimum safety standards. If a vehicle or its parts were not constructed or designed according to these standards the manufacturer could 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 other drivers. Liability insurance covers bodily injury liability as well as property damage liability.
Bodily Injury liability covers your medical expenses and the medical bills of others injured in a crash caused by your vehicle as long as you meet the limits of your policy. There is usually a limit per injured person as well as a limit for property damage in all forms. Some insurance companies offer policies with higher limits for these kinds of damages.
Insurance for property damage will pay to repair or replace your car should it be damaged in any way other than collision. This includes fire, theft, windstorm, and the impact of a deer. This insurance may also be used to cover damage caused by driving through potholes. This type of insurance is required in New York and some other states.
In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states only require it when the driver at fault has no insurance. The coverage pays for medical and property damage when the driver at fault does not have insurance or is uninsured.