Motor Vehicle Attorneys The Process Isn't As Hard As You Think

What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that is based on an accident involving a motor vehicle. While the majority of cases are governed under common law principles but there are some legal issues that are unique to this specific area.

According to New York law, vehicle owners are responsible for accidents that occur when their vehicles were being operated with their explicit or implied consent. Our legal team takes care of these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony can provide an important addition to other evidence in a motor vehicle case. This kind of evidence can be used to identify the perpetrators of crimes and provide details about how the incident occurred. However there is a vast research that indicates that eyewitness accounts can be extremely inaccurate.

For instance, witnesses tend to make errors in recollecting the color of an object or its shape. Additionally perceptual distortions like fading memories -- can also distort a witness's memories of a particular event.

Moreover, witness memory can be altered by leading questions or other information provided to witnesses. For  motor vehicle accident law firm bridgeport , researchers in one study found that asking participants to estimate how fast a car was traveling influenced their answers. Other factors that affect the accuracy of eyewitness testimony include age, attention ability, stress level health conditions, prejudice, prior experience, cognitive status, confidence or level of certainty in the form of suggestion, bias lineups and racial or individual bias.

Even though many experts will affirm that eyewitness testimony can be relied upon there is a need to educate law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some instances eyewitness testimony that was incorrect has led to wrongful convictions, or even murder. For instance, in 2018, the Innocence Project was able to prove that the fingerprints on the cup used by a witness to identify the suspect in a burglary not that of Royal Clark's.

Vehicle Inspection

As a general rule inspections for vehicles should be conducted annually. Certain types of vehicles, like those sold privately or those that have expired inspection stickers may require periodic inspections. In certain situations, for instance, when 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.

When an inspector conducts an inspection they begin by checking a few details such as the car's model and make as well as the date of registration, its odometer reading, and so on. The inspector then will inspect the vehicle, starting with the obvious parts like the mirrors and windshields, the lights and the horn. There are several checklists to make sure that a thorough inspection is carried out, including looking for things like suspension components or rust.

Drivers are expected to be alert on the road and to look out for other drivers, pedestrians and other potential dangers. Failure to do this can be regarded as negligence. It is also a driver's responsibility to ensure that they are in control of their vehicle at all times. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the vehicle's manufacturer could be held liable under the law on product liability when the accident was caused by an issue with the car or the parts that make it up.

Components or parts that are defective

To ensure that a vehicle functions correctly, thousands and thousands of tiny mechanical components and electrical components have to work together. When one of these parts fails, the consequences can be catastrophic. Most of the time, these accidents result from manufacturing defects or other problems in the construction or design of a specific component. If a malfunctioning part of an automobile is the cause of an accident, then the party responsible for the accident could be liable to compensate victims for their injuries.

Many people think that all auto accidents happen due to human error. While 94 percent are caused by driver error, there are also other factors like roads and parts that are defective that can lead to an accident.

Defective car parts include brakes airbags, seatbelts, tires or any other part that can fail to work as intended and lead to an accident. Sometimes, these flaws are the result of aftermarket upgrades that were not designed with the same care as the original components on vehicles. Sometimes, the defect is present in the original design of a part.

Manufacturers are required by law to make vehicles that meet minimum safety standards. If the vehicle or its components were not manufactured or designed according to these standards the manufacturer could be held responsible in a product liability lawsuit for any damages that occur in the event of an accident caused by the defective component.

Insurance Coverage

The majority of states operate under the tort liability system which requires drivers to be insured in the event that their conduct or negligence causes injury to another. Liability coverage includes bodily injury liability as well as property damage liability.

The bodily injury liability covers your medical costs and those of others injured by your car in an accident up to the policy limit. Typically, there is a separate limit per victim and a single limit for the total amount of property damage. Some insurers offer optional policies with higher limits for these types of damages.

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

In many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states only require it when the driver at fault does not have insurance. This coverage reimburses your medical and property damage when the driver at fault has no insurance or is uninsured.