Motor Vehicle Attorneys: It's Not As Difficult As You Think

What Is a Motor Vehicle Case? A motor vehicle case is a personal injury lawsuit that relates to an accident in a motor vehicle. While the majority of cases are governed under common law however, there are a few issues that are unique to this particular area. According to New York law, owners of vehicles are liable for accidents that happen while their vehicles are operated with their permission, express or implied. Our legal team takes on these cases as an contingency basis. Eyewitness Testimony Eyewitness testimony is a valuable addition to other evidence in relation to motor vehicle cases. This type of testimony often assists in identifying the perpetrator of a crime or provide details about the circumstances of the crash. However there is a large collection of studies that show eyewitness identifications are often in error. For instance, witnesses tend to make errors in recollecting the color of an object or its shape. Perceptual distortions like fading memories, can also cause a person to forget an event. Furthermore, memory of witnesses can be affected by the direction of questions or other information that is provided to a witness. Researchers found that in one study where participants were instructed to estimate the speed of a car had an impact on their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention ability, stress level and health conditions, prejudices, previous experience, cognitive state, confidence or degree of certainty as well as a suggestion of questioning, biased lineups and racial or individual bias. Although many experts insist on the reliability of eyewitness testimony, it is crucial to educate law enforcement agencies and jury members about the possibility of errors. In some cases eyewitness testimony that is not correct can lead to wrongful convictions, or even murder. In the case of 2018, for instance the Innocence Project was able to establish that the fingerprints on the cup used by an eyewitness to identify the suspect in a burglary not that of Royal Clark's. Vehicle Examination In general inspections of vehicles must be performed every year. motor vehicle accident attorneys south gate , such as those that are privately owned or with expired inspection stickers may require regular inspections. In certain situations, like when an New York resident moves and needs to update their address, it is mandatory that the vehicle is examined prior to the issuance of new stickers. When an inspector conducts an inspection, they begin by checking a few details such as the car's model and make, its registration date and the odometer's reading, and so on. They then look over the vehicle itself, starting with the most obvious areas like mirrors, windshields, lights and the horn. There are several checklists to ensure a thorough inspection is completed, which includes looking for things like rust or suspension parts. Drivers are expected alert on the road and keep an eye out for other drivers, pedestrians, and potential hazards. In the event of a crash, it could be regarded as negligent. It is also a driver's responsibility to ensure that they are in control of their vehicle at all at all times. A defective vehicle may cause the vehicle to lose control, resulting in serious injuries. It is also possible that the vehicle's manufacturer could be held accountable under product liability laws if the accident was caused by an issue with the vehicle or any of its components. Parts or Components that are defective For a vehicle's operation to run effectively, thousands of tiny electrical and mechanical components must work together. When one of these components is damaged, the result can be catastrophic. These incidents are typically the result of manufacturing faults or other problems related to the design or construction the component. If a malfunctioning part of an automobile is the cause of an accident, the party responsible for the accident could be liable for compensating the victims for their injuries. Many people think that all auto accidents occur due to human error. While 94 percent are caused by driver error but there are other factors, such as road conditions and defective parts that can cause an accident. Defective components of a car include brakes, airbags, seatbelts, tires or any other part that can fail to work as designed and lead to an accident. Sometimes, these defects are the result of aftermarket enhancements that were not designed with the same attention to detail as the original parts on the vehicle. Other times, the defect may be present in the original design of a specific component. The manufacturers are required to build vehicles that meet the minimum safety standards. If a vehicle, or any of its components, were not constructed or designed according to these specifications the manufacturer is liable for any damages resulting from an accident caused by a defective component. Insurance Coverage The majority of states operate under the tort liability system which requires drivers to be insured in case their misconduct 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 expenses as well as those of other people injured by your car in an accident up to the policy limit. Typically, there is a separate limit for each victim and a single limit for the total amount of property damage. Certain insurance companies offer policies that have higher limits on the kind of damages. Property damage insurance will cover to repair or replace your vehicle should it be damaged in any other way than an accident. This includes theft, fire or windstorm, as well as collision with a deer. It can also be used to protect your vehicle from damage caused by driving on potholes. This type of coverage is mandatory in New York and some other states. Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some states only require it if the driver at fault is not insured or has inadequate insurance or insufficient insurance. This coverage reimburses your property and medical expenses when the driver at fault has no insurance or is not insured.