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What Is a Motor Vehicle Case?

A motor vehicle accident lawsuit vehicle lawsuit is any personal injury lawsuit involving a motor vehicle accident. While most cases are governed by the standard common-law notions of negligence, there are a number of specific issues that are unique to this particular practice area.

According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were operating with their express or implied consent. Our legal team takes care of these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle crash. This type of testimony often assists in identifying the perpetrator of a crime or provide details about the manner in which the crash occurred. There is a vast body of research that indicates that eyewitness accounts are often not accurate.

Witnesses are prone to make a mistake when trying to recall an object's color or shape. Furthermore, perceptual distortions -- like fading memories can also alter a person's recall of a specific incident.

Furthermore, memory of witnesses can be altered by leading questions or other information that is provided to a witness. For instance, in one experiment found that telling participants to estimate the speed at which a car was traveling influenced their answers. Other factors that influence the accuracy of eyewitness testimony include age levels, attention, skill, stress, health conditions and prejudice.

While many experts insist that eyewitness testimony can be trusted however, it is important to educate jurors and law enforcement agencies about the possibility of error 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 coffee cup which a witness used to identify the suspect during a burglary, were not those of Royal Clark's.

Vehicle Inspection

As a general rule, vehicle inspections must be conducted every year. Certain types of vehicles might need be checked more often like those that are sold via private sales or those that have an expiring inspection sticker. It is also a requirement in certain circumstances, like when residents of New York moves and needs to change their address, that their vehicle be inspected before the new stickers are issued.

When an inspector conducts an inspection, they begin by confirming a few details such as the vehicle's make and model, its registration date and odometer reading and other such details. They then begin to examine the vehicle, starting with the most obvious areas like the mirrors lights, windshields and horn. There are several checklists to assure that a thorough inspection of the vehicle has taken place, including inspecting things like rust and suspension parts.

Drivers are expected attentive on the road and keep an eye out for pedestrians, other drivers and other potential hazards. In the event of a crash, it could be construed as negligent. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle with a defect could cause the vehicle to lose control, resulting in serious injuries. The manufacturer of the vehicle could also be held liable for the accident in the event that it was caused by an automobile defect or component part.

Components or parts that are defective

In order to make a vehicle function correctly, thousands of tiny mechanical components and electrical components must work together. If one of these components fails, the consequences can be disastrous. These incidents are typically caused by manufacturing flaws or other issues in the design or construction of a certain part. When a malfunctioning car part is the cause of an accident, the person responsible is likely to be responsible for paying the crash victims for their injuries.

Many people believe that the majority of auto accidents are caused human error. While nearly 94 percent of car accidents are caused by driver error however, there are other elements that can cause a crash like road conditions and deficient auto parts.

Defective automobile parts include brakes airbags, seatbelts, tires or any other component that fails to function as designed and lead to an accident. These issues could result from aftermarket parts that were not created with the same care as original components of a car. Other times, the flaw can be found in the design of a specific part.

Manufacturers are required to create vehicles that meet minimum safety standards. If a vehicle or its parts were not designed or built to these specifications, the manufacturer may be held responsible in a product liability lawsuit for any damage that occurs as a result of an accident caused by the defective part.

Insurance Coverage

Most states use a tort liability system that requires drivers to carry insurance in the event that their actions or negligence causes injury to another. Liability coverage includes bodily injury liability as well as property damage liability.

Bodily Injury liability covers your medical expenses and the medical bills of anyone else injured in a collision caused by your vehicle, up to the limits set by the policy. There is typically an amount for each injured person, and a limit for property damage in all forms. Some insurers offer policies with higher limits on these types of damages.

Property damage insurance pays to repair or replace your vehicle when it is damaged by something other than collision with a vehicle or object, like windstorm, fire, theft and the impact of the deer. This insurance may also cover damage resulting from driving over potholes. This type of coverage is required in New York and some other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, certain states only require it when the driver at fault has no insurance. This insurance covers you or your passengers for medical and property damages when the at-fault driver does not have insurance, is underinsured or involved in a hit and run accident.