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What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit involving an accident in a motor vehicle. While the majority of cases are guided by the standard common-law notions of negligence however, there are a variety of issues specific to this particular practice area.

According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were operating with their express or implied permission. Our legal team tackles these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle case. This type of testimony often assists in identifying the perpetrator of a crime or provide details on how the crash took place. However there is a large body of research indicating that eyewitness accounts can be extremely inaccurate.

Witnesses are susceptible, for example, to make a mistake when recalling an object's color or shape. Additionally perceptual distortions like fading memories -- can also affect a person's memory of an incident.

In addition, the memory of witnesses may be affected by the direction of questions or other information provided to witnesses. For instance, in one study found that asking participants to estimate the speed at which the car was going affected their responses. Other factors that influence the reliability of eyewitness testimony include age, attention, ability, stress level and health conditions, prejudice, prior experience, cognitive state, the degree of certainty or confidence as well as a suggestion of questioning, biased lineups and racial or personal bias.

Although many experts affirm that eyewitness testimony can be trusted but there is a need to educate law enforcement agencies and jurors about the possibility of error in this type of evidence. In some instances, inaccurate eyewitness testimony has been responsible for wrongful convictions or even murder. In 2018, the Innocence Project proved that the fingerprints on a cup that a witness used to identify the suspect in a burglary not the Royal Clark's.

Vehicle Examination

In general vehicle inspections are required every year. Some vehicles may need to be examined more frequently for instance, those that are sold at private sales or with an expiring inspection sticker. In certain situations, for instance, when someone who is a New York resident moves and requires a change of address, it is required that the vehicle be examined prior to the issuance of new stickers.

The inspector will verify certain details including the make and model of the vehicle and the registration date and odometer reading, and so on. They then examine the vehicle itself, starting with the most obvious parts like the mirrors lights, windshields and the horn. There are various checklists that ensure a thorough examination has taken place, including inspecting things like rust and suspension parts.

Drivers must be vigilant and alert for other motorists, pedestrians and potential dangers. Failure to do this can be construed as negligence. It is also the driver's obligation to maintain control of their vehicle at all times. A vehicle that is not in good condition could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the car's manufacturer may be found to be liable under the law of product liability when the accident was caused by an issue with the car or its component parts.

Parts or Components that are defective

To make a car function properly, thousands and thousands of tiny mechanical parts and electrical components must work together. If one of these components is damaged, the result can be disastrous. Often, these accidents are the result of manufacturing defects or other problems in the construction or design of a particular component. If a malfunctioning part of a vehicle is at the root of an accident, then the party responsible for the accident may be liable to compensate victims for their injuries.

Many people believe that all auto accidents are caused by human error. While 94 percent of accidents are caused by driver mistakes, there are also other factors, such as roads and parts that are defective that can lead to an accident.

Defective auto parts include brakes, airbags, seatbelts, tires or any other component which is unable to perform as intended, leading to an accident. These defects can result from parts purchased from an aftermarket store that were not created with the same care as original components on a car.  motor vehicle accident law firm hemet , the defect could be in the design of a specific part.

Manufacturers are required to produce vehicles that meet minimum safety standards. If a vehicle or its parts were not manufactured or designed to these specifications the manufacturer could be held liable in a lawsuit involving product liability for any damage that occurs due to an accident that was caused by the defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or misconduct causes harm to other drivers. Liability insurance covers bodily injuries liability and property damage liabilities.

The bodily injury liability covers medical expenses as well as those of other people injured by your car in an accident up to the policy limit. Typically, there is an additional limit for each victim and a single limit for the total amount of property damage. Some insurers offer policies with higher limits on these types of damages.

Property damage coverage pays to repair or replace your vehicle when it is damaged by something other than collision with another vehicle or object, for example theft, fire, windstorm and the impact of a deer. The coverage can also cover damage caused by driving through potholes. This type of insurance is mandatory in New York and some other states.

In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, some states require it only when the driver at fault does not have insurance. This coverage reimburses you or your passengers for your loss of property and medical expenses if the at-fault driver has no insurance, is uninsured or is involved in a hit-and run crash.