The Next Big Thing In Motor Vehicle Attorneys
What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit involving the accident of a motor vehicle. While the majority of cases are guided by common law concepts of negligence but there are a range of specific issues that are unique to this practice.
According to New York law, owners of vehicles are liable for accidents that happen while their vehicles are being operated with their permission, express or implied. Our legal team handles these cases as an emergency basis.
Eyewitness Testimony
Eyewitness testimony is a valuable addition to other evidence when it comes to motor vehicle accidents. This type testimonies often helps identify the perpetrator of a crime or provide information about the circumstances of the crash. However there is a huge amount of evidence that suggests eyewitness testimony can be wildly inaccurate.
Witnesses, for instance, are susceptible to making errors in recalling the color of an object or its shape. In addition, perceptual distortions -- such as fading memories can alter a witness's memory of an incident.
Witness memory can also be affected when a witness receives leading questions or information. For example, researchers in one experiment found that telling participants to estimate how fast the car was travelling influenced their answers. Other factors that influence the accuracy of eyewitness accounts include age, attention skills, stress levels, health conditions, prejudice, previous experience, cognitive state, confidence or degree of certainty as well as a suggestion of questioning, biased lineups, and racial or personal bias.
Although many experts affirm that eyewitness testimony can be relied upon however, it is important to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In some instances eyewitness testimony that is not correct can lead to wrongful convictions, or even murder. For instance, in the year 2018, the Innocence Project was able to demonstrate that the fingerprints found on the cup used by witnesses to identify the suspect in a burglary not Royal Clark's.
Vehicle Examination
As a rule vehicle inspections are required every year. Certain vehicles may need to be checked more often in certain circumstances, like those that are being sold privately or have an inspection sticker that has expired. 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.
The inspector will verify a few details, such as the model and make of the car and the registration date and odometer reading, and so on. The inspector will then inspect the vehicle, starting with the obvious areas like the windshields and mirrors, the lights and the horn. There are a variety of checklists to ensure that a thorough inspection has been completed, including checking on things like rust and suspension parts.
Drivers must be alert and be aware of pedestrians, other motorists and any potential dangers. Failure to do this can be construed as negligence. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. The manufacturer of a vehicle may be held liable for the accident in the event of an auto defect or component part.
Parts or Components with Defective Components
To ensure that a vehicle functions correctly, thousands of tiny mechanical components and electrical components must work together. If one of these components fails, the results can be devastating. These accidents are usually caused by manufacturing defects or other problems with the design or construction specific part. When a defective car part is the cause of an accident, the party responsible may be liable to compensate the crash victims for their injuries.
Many people think that all auto accidents occur due to human error. While the majority of car accidents are caused by driver errors but there are other causes that can cause a crash such as road conditions and defective auto parts.
motor vehicle accident lawsuit troy of a car include brakes, airbags, seatbelts, tires or any other part which may fail to function according to the specifications and cause an accident. These issues could be caused by aftermarket parts that were not designed as carefully as the original components on a vehicle. Sometimes, the flaw is found in the original design of a component.
The manufacturers are required to create vehicles that meet minimum safety standards. If a vehicle or its parts weren't designed or constructed according to these standards the manufacturer could be held accountable in a product liability lawsuit for any injuries that may occur in the event of an accident caused by the defective part.
Insurance Coverage
In most states, motorists are required to have insurance if their negligent or misconduct results in harm to others. 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 up to the limits set by the policy. There is usually a limit per injured person and a maximum for property damage in all forms. Certain insurance companies offer policies that have higher limits for these types of damages.
Property damage coverage will pay to repair or replace your car should it be damaged in any other way than an accident. This includes fire, theft or windstorm, as well as collision with a deer. It may also protect your vehicle from damage caused by driving on potholes. This type of insurance is required in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, but certain states require it only if the at-fault driver does not have insurance or inadequate insurance. This insurance covers you or your passengers for medical and property damages when the at-fault driver has no insurance, is uninsured or is involved in a hit-and run crash.