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What Is a Motor Vehicle Case?

A motor vehicle case refers to any personal injury lawsuit that results from an accident involving a motor vehicle. Although the majority of cases are governed by common law concepts of negligence but there are a range of particular issues that pertain to this area of practice.

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

Eyewitness Testimony

Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle accident. This type of testimony typically helps to identify the person who committed the crime or provide details about how the crash took place. There is a large body of research that suggests eyewitness identifications are often inaccurate.

For motor Vehicle instance, witnesses are susceptible to making errors in recollecting the hue of an object or its shape. Furthermore, perceptual distortions -- like fading memories -- can also affect a person's memories of a particular incident.

Additionally, the memory of witnesses can be affected by questions that lead to or motor Vehicle other information given to a witness. For instance, researchers in one experiment found that telling participants to estimate how fast the car was moving affected their responses. Other factors that influence the reliability of eyewitness testimony include age, attention skill, stress level as well as health conditions, prejudice, prior experiences, cognitive state confidence or degree of certainty, suggestive questioning, biased lineups and racial or personal bias.

Although many experts insist that eyewitness testimony can be relied upon however, it is important to educate law enforcement agencies and jurors about the possibility of errors in this kind of evidence. In some instances, inaccurate eyewitness testimony has led to for wrongful convictions and even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup, which a witness used to identify the suspect in a burglary, not those of Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles are required to be conducted annually. Certain vehicles may need to be examined more frequently, such as those being sold privately or have an expiring inspection sticker. It is also required in certain situations, such as when residents of New York moves and needs to change their address, that the vehicle be inspected prior to the new stickers can be issued.

An inspector will first verify certain details like the model and make of the vehicle, its registration date, odometer reading and so on. The inspector will then look over the vehicle, beginning with the obvious areas such as the mirrors and windshields, the lights and the horn. There are a number of checklists that will ensure that thorough inspections are completed, which includes checking for things such as suspension components or rust.

Drivers must be vigilant and alert for pedestrians, other motorists and potential dangers. Inattention to this can constitute negligence. It is also the driver's responsibility to keep control of their vehicle at all times. A vehicle that is not in good condition can cause a loss in control of the vehicle that can result in severe injuries. The manufacturer of the vehicle could also be held responsible for the accident if it was caused by an auto defect or a component part.

Defective Components or Parts

To make a car function correctly, thousands and thousands of tiny mechanical parts and electrical components have to work together. If one of these parts is damaged, the result can be catastrophic. These accidents are typically caused by manufacturing flaws or other problems related to the design or construction specific part. When a defective car part is the reason for an accident, the party responsible may be liable for the payment of the victims of the crash for their injuries.

Many people believe that all auto accidents happen because of human error. While 94 % of car crashes are caused by driver errors however, there are other elements which can cause a crash including road conditions, and defective auto parts.

Defective components of a car include brakes, seats, airbags, tires or any other part which may fail to function as designed and lead to an accident. Sometimes, these flaws are the result of aftermarket modifications that weren't made with the same attention to detail as the original parts on the vehicle. Other times, the flaw is in the original design of a specific component.

Manufacturers are required to produce cars that meet the minimum safety standards. If the vehicle, or any parts of it, was not constructed or designed according to meet these standards, then the manufacturer is liable for any damages resulting from an accident caused by a defect in the part.

Insurance Coverage

Most states use a tort liability system that obliges drivers to carry insurance in the event their actions 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 and those of others who are injured by your car in an accident in excess of the policy limit. Typically there is an additional limit for each person injured, and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits for these types of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged by something other than a collision with a vehicle or other object, like theft, fire, windstorm and the impact of a deer. This insurance may also cover damage that is 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 mandatory. However, some states require it only when the driver at fault is not insured or has no insurance. This insurance covers property and medical damages in the event that the at-fault driver has no insurance or is uninsured.