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What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are guided by common law concepts of negligence but there are a range of issues specific to this particular practice area.
Under New York law, owners of vehicles are liable for accidents that happen while their vehicles are being operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingency fee basis.
Eyewitness Testimony
Eyewitness testimony can provide an important addition to other evidence in a motor vehicle accident. This type of testimony often assists in identifying the criminal or provide specifics about how the crash took place. However there is a huge collection of studies that show eyewitness accounts can be extremely inaccurate.
For instance, witnesses tend to make errors in recollecting the hue of an object or its shape. In addition perceptual distortions like fading memories can also alter a person's memory of a specific event.
Additionally, the memory of witnesses can be altered by leading questions or other information given to witnesses. For instance, researchers in an experiment found that telling participants to estimate how fast the car was travelling influenced their answers. Other factors that influence the accuracy of eyewitness accounts include age levels, attention, skill, stress, health conditions and prejudice.
Even though many experts will insist that eyewitness testimony can be relied upon but there is a need to sensitize law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some cases eyewitness testimony that was inaccurate has led to wrong convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup that a witness had used to identify a suspect in a burglary, were not those of Royal Clark's.
Vehicle Examination
As a rule inspections of vehicles are required every year. Certain types of vehicles, like those that are privately owned or with inspection stickers that are expired, might require more frequent inspections. In certain situations, like when someone who is a New York resident moves and must update their address, it is mandatory that the vehicle be examined prior to issuance of new stickers.
When an inspector conducts an inspection, they begin by verifying a few details such as the car's make and model as well as the date of registration and the odometer's reading, and others. The inspector then will inspect the vehicle, starting with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are many checklists to ensure an accurate inspection is completed, which includes looking for things like corrosion or suspension components.
Drivers must be alert and be aware of pedestrians, motorists, and any potential dangers. Failure to do so can constitute negligence. A driver must also be in control at all the time. 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 if it was caused by an auto defect or a component part.
Parts or Components that are Defective
In order for a vehicle to function properly, thousands of tiny electrical and mechanical parts must function. If one of these components fails, the results can be devastating. Most often, these accidents are caused by manufacturing defects or other problems in the construction or design of a particular part. If a defect in the design or construction of a vehicle is the reason of an accident, the party responsible for the accident could be liable to compensate victims for injuries.
Many people believe that all auto accidents happen due to human error. While nearly 94 percent of car accidents are caused by driver error There are other factors which can cause a crash including road conditions and defective auto parts.
Defective car parts include brakes airbags, seatbelts, tires or any other component that fails to function in the way it was designed and result in an accident. Sometimes, these problems result from aftermarket upgrades that were not designed with the same care as the initial parts on vehicles. Sometimes, the defect is found in the original design of the part.
Manufacturers are required by law to make vehicles that meet the minimum safety standards. If a vehicle, or any of its parts, was not designed or built to these specifications the manufacturer is liable for any damage resulting from an accident caused by a defect in the part.
Insurance Coverage
The majority of states operate under a tort liability system that requires drivers to have insurance in case their misconduct or negligence causes injury to others. Liability insurance covers bodily injury liability as well as property damage liability.
Bodily injury liability covers your medical expenses as well as the medical expenses of those injured in a crash caused by your car, up to the limits of your policy. Typically, there is an additional limit for each person injured, and a single limit for the total amount of property damage. Some insurance companies offer optional policies with greater limits for these types of damages.
Property damage coverage will pay to repair or replace your car when it is damaged in any way other than by an accident. This includes theft, fire storm, windstorm, or even impact from a deer. It could also protect your vehicle from damage from driving through potholes. motor vehicle accident attorney hemet of insurance is mandatory in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some require it only when the at-fault driver has no insurance or insufficient insurance. This coverage reimburses your property and medical expenses in the event that the driver at fault does not have insurance or is underinsured.
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