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What Is a Motor Vehicle Case?

A motor vehicle accident lawsuit vehicle lawsuit is any personal injury lawsuit involving an accident involving a motor vehicle. While the majority of cases are governed by common-law concepts but there are some legal issues which are unique to this specific area.

According to New York law, vehicle owners are accountable for any accidents that occur when their vehicles were operating with their express or implied consent. Our legal team deals with these cases on an incidental basis.

Eyewitness Testimony

Eyewitness testimony can be an excellent addition to other evidence in a motor vehicle accident lawyers car case. This kind of evidence can be used to identify the perpetrators of crime or provide information about how the accident occurred. There is a huge body of evidence that shows eyewitness testimony is often not reliable.

For instance, witnesses tend to make errors in recollecting the color of an object or its shape. In addition, perceptual distortions -- like fading memories -- can alter a witness's memory of an incident.

Witness memory can also be impaired if a witness is given crucial questions or details. For example, researchers in one experiment found that telling participants to estimate how fast a car was traveling influenced their answers. Other factors that influence the accuracy of eyewitness testimony include age, attention, capability, stress level, health issues, prejudice, previous experience, cognitive state, confidence or level 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 error in this kind of evidence. In some instances, inaccurate eyewitness testimony has been responsible for wrongly convicted people and even murder. For instance, in the year 2018 the Innocence Project was able to show that the fingerprints of a cup used by an eyewitness to identify the suspect in a burglary not Royal Clark's.

Vehicle Inspection

As a rule inspections of vehicles are required every year. Some vehicles, such as those that are privately owned or with expired inspection stickers may require more frequent inspections. In certain circumstances, such as when the New York resident moves and has to change their address, it's mandatory that the vehicle be examined prior to the issuance of new stickers.

The inspector will verify a few details like the model and make of the vehicle, its registration date and odometer read, and so on. They then look over the car itself, beginning with the most obvious areas like mirrors, lighting, windshields, and the horn. There are several checklists that will ensure that a thorough inspection is done, including checking for things such as corrosion or suspension components.

Drivers must be aware and keep an eye out for other motorists, pedestrians and other potential dangers. Failure to do so can constitute negligence. A driver must also be in control at all times. A defective vehicle may cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer of the vehicle could be found liable under the law on product liability in the event that the accident was caused by an issue with the vehicle or any of its components.

Parts or Components that are Defective

To ensure that a vehicle functions effectively, thousands and millions of tiny mechanical parts and electrical components have to work together. When one of these components malfunctions, the result could be catastrophic. Most often, these accidents are caused by manufacturing defects or other problems in the construction or design of a particular component. When a defective car part is the reason for an accident, the responsible party is likely to be responsible for paying the victims of the crash for their injuries.

Many people believe that all auto accidents occur because of human error. While 94 percent of car crashes result from driver error but there are other causes which can cause a crash such as road conditions and defective auto parts.

Defective auto parts include brakes, airbags, seats and tires or any other device that may not perform as intended, leading to an accident. These defects can result from parts sold by the aftermarket that weren't created with the same care as original components of a car. Other times, the defect may be present in the initial design of a particular part.

Manufacturers are required to design vehicles that meet minimum safety standards. If a vehicle or its parts were not designed or built according to these standards, the manufacturer may be held liable in a lawsuit for product liability for any damage that occurs in the event of an accident caused by the defective component.

Insurance Coverage

In many states, drivers are required to carry insurance if their negligence or conduct causes harm to other drivers. Liability coverage includes bodily injury liability and property damage liability.

Bodily injury liability pays for your medical bills and the medical bills of anyone else injured in a crash caused by your vehicle as long as you meet the limits of your insurance policy. Typically, there is an additional limit for each victim and a single limit for the total amount of property damage. Some insurance companies offer optional policies with higher limits for these kinds of damages.

Insurance for property damage 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 the deer. It can also cover damage resulting from driving over potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some require it only when the at-fault driver has no insurance or insufficient insurance. This insurance covers medical and property damages when the driver at fault has no insurance or is underinsured.