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What Is a Motor Vehicle Case?
A motor vehicle case is any personal injury lawsuit that is based on an accident involving a motor vehicle. While the majority of cases are subject to common law however, there are a few issues that are specific to this particular area.
According to New York law, vehicle owners are responsible for accidents that occur while their vehicles were operated with their express or implied consent. Our legal team deals with these cases as an contingency basis.
Eyewitness Testimony
Eyewitness testimony can be an excellent addition to other evidence in a motor vehicle crash. This type of testimony often helps to identify the criminal or provide details on how the crash occurred. There is motor vehicle accident attorney cary of research that suggests eyewitness identifications are usually inaccurate.
For instance, witnesses tend to make errors when they try to recall the color of an object or its shape. Additionally, perceptual distortions -- such as fading memories can also affect a person's memory of a specific event.
Witness memory can also be affected when a witness is presented with specific questions or facts. Researchers found that in one study in which participants were asked to estimate the speed of a car influenced their responses. Other factors that impact the accuracy of eyewitness testimonies include age, attention level, skill in coping with stress, health conditions and prejudice.
While many experts insist on the reliability of eyewitness testimony, it's crucial to educate jurors and law enforcement agencies members about the possibility for errors. In some cases, eyewitness testimony that is not correct has led to incorrect convictions or even murder. In 2018 the Innocence Project proved that the fingerprints on a cup, which a witness used to identify the suspect during a burglary, were not those of Royal Clark's.
Vehicle Examining
In general inspections of vehicles are required each year. Certain types of vehicles, like private-label vehicles or those with inspection stickers that are expired, may require periodic inspections. It is also mandatory for certain situations, like when residents of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers can be issued.
A forensic examiner will first verify some of the details, such as the make and model of the car and its registration date and odometer read, and so on. They then look over the vehicle's interior, beginning with the obvious areas like mirrors, windshields, lights and horn. There are many checklists that will ensure that thorough inspections are performed, including the detection of things like rust or suspension parts.
Drivers are expected to be vigilant on the road and to look out for pedestrians, other drivers, and potential hazards. Inability to do this could be viewed as negligent. It is also a driver's responsibility to keep control of their vehicle at all at all times. A vehicle that is not in good condition could cause the vehicle to lose control, resulting in serious injuries. A vehicle's manufacturer may also be held responsible for the accident in the event that it was caused by an automobile defect or component part.
Parts or Components that are Defective
In order for a vehicle to function correctly, thousands of tiny electrical and mechanical parts must function. If one of these parts malfunctions, the result could be catastrophic. These accidents are often caused by manufacturing defects or other issues with the design or construction a certain part. When a malfunctioning car part is the reason for an accident, the party responsible may be liable to compensate the crash victims for their injuries.
Many people believe that all auto accidents happen due to human error. While 94 percent of crashes are due to driver errors but there are other factors like road conditions and defective parts that can lead to an accident.
Defective auto parts include brakes and airbags, seatbelts, tires or any other component which can fail to function as designed, leading to an accident. These problems could be caused by parts sold by the aftermarket that weren't designed as carefully as the original parts on a car. Other times, the flaw can be found in the initial design of a particular part.
The manufacturers are required to create vehicles that meet minimum safety standards. If the vehicle, or any of its components, was not designed or constructed in accordance with these standards, the maker could be held accountable for any damage resulting from an accident caused by a defect in the part.
Insurance Coverage
In most states, motorists are required to carry insurance if their recklessness or conduct causes harm to others. Liability coverage includes bodily injuries as well as property damage liabilities.
The bodily injury liability covers your medical costs as well as those of other people injured by your car in an accident up to the limit of your policy. Typically, there is a separate limit for each person injured and a unified limit for the total amount of property damage. Some insurers offer optional policies that have greater limits for these types of damages.
Property damage insurance will cover to repair or replace your car when it is damaged any other way than a collision. This includes fire, theft storm, windstorm, or even collisions with deer. This insurance may also be used to cover damage caused by driving through potholes. This kind of insurance is required in New York, among other states.
In many states, uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, some states require it only when the driver at fault has no insurance. This insurance covers you or your passengers for loss of property and medical expenses if the at-fault driver does not have insurance, is uninsured or involved in a hit-and-run accident.
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