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What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that is based on an accident in a motor vehicle. Although most cases are governed 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 accountable for accidents that happen while their vehicles were being operated with their explicit or implied consent. Our dedicated legal team handles these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide a valuable supplement to other evidence in a motor vehicle case. This type of testimony often assists in identifying the criminal or provide information about how the crash occurred. There is a large body of research that shows eyewitness identifications are often inaccurate.
Witnesses are prone, for example, to make errors when recalling an object's color or shape. Furthermore, perceptual distortions -- like fading memories -- can alter a witness's recall of a specific incident.
Moreover, witness memory 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 moving influenced their answers. Other factors that affect the credibility of eyewitness testimony include age, attention capability, stress level as well as health conditions, prejudices, previous experiences, cognitive state confidence or level of certainty and suggestive questions, biased lineups and racial or individual bias.
Although many experts will insist on the credibility of eyewitness testimony but it is essential to educate jurors and law enforcement agencies members about the possibility of error. In certain cases, incorrect eyewitness testimony has been the cause for wrongful convictions and even murder. For instance, in 2018 the Innocence Project was able to prove that the fingerprints on a cup used by an eyewitness to identify the suspect in a burglary not that of Royal Clark's.
Vehicle Examining
As a general rule inspections of vehicles must be conducted every year. Some vehicles may need to be checked more often in certain circumstances, like those being sold privately or have an expiring inspection sticker. In certain circumstances, such as when a New York resident moves and must update their address, it's mandatory that the vehicle is examined prior to the issuance of new stickers.
When an inspector conducts an inspection they start off by verifying some of the details like the car's model and make, its registration date and odometer reading and other such details. The inspector will then look over the vehicle, beginning with the obvious parts like the windshields and mirrors as well as the lights and horn. There are several checklists to ensure a thorough examination has taken place, including looking for things like rust and suspension parts.
Drivers are expected to remain vigilant on the road and keep an eye out for other drivers, pedestrians and other potential dangers. In the event of a crash, it could be construed as negligent. Drivers must also keep control at all at all times. A vehicle that is not in good condition can cause a loss in control of the vehicle which could result in serious injuries. It is also possible that the manufacturer could be held liable under the law on product liability in the event of an accident caused by an issue with the car or its component parts.
motor vehicle accident attorneys reading or Components with Defective Components
In order to make a vehicle function correctly, thousands and thousands of tiny mechanical components and electrical components must work together. If one of these parts is damaged, the result can be devastating. Most often, these accidents are the result of manufacturing defects or other issues in the construction or design of a specific part. If a car component that is defective is the reason for an accident, the responsible party may be liable for the payment of the crash victims for their injuries.
Many people believe that all auto accidents happen because of human error. While 94 percent of them are caused by driver error but there are other factors such as road conditions and defective components which can cause accidents.
Defective auto parts include brakes, airbags, seatbelts, tires or any other part that may not perform as intended, resulting to an accident. These defects could result from parts from the aftermarket that were not made with the same care as the original components on a vehicle. Sometimes, the defect is found in the original design of a piece.
Manufacturers are required to build cars that meet minimum safety standards. If the vehicle, or any of its components, was not designed or built to meet these standards, the manufacturer could be held accountable for any damages resulting from an accident caused by a defect in the part.
Insurance Coverage
The majority of states have the tort liability system which requires drivers to carry insurance in the event their actions or negligence causes injury to another. Liability insurance covers bodily injuries liability and property damage liabilities.
Bodily injury liability is a way to pay for your medical bills as well as the medical bills of anyone else injured in a collision caused by your car as long as you meet the limits set by the policy. There is usually a limit for each injured person and a limit for all property damage. Certain insurance companies offer policies with higher limits for these types of damages.
Property damage insurance will pay to repair or replace your car should it be damaged in any way other than a collision. This includes theft, fire storm, windstorm, or even the impact of a deer. It can also cover damage resulting from driving over potholes. This kind of insurance is required in New York, among other states.
In many states the uninsured or underinsured driver insurance (UM/UIM), is mandatory. However, some states only require it when the driver at fault does not have insurance. This coverage reimburses you or your passengers for your medical and property losses when the driver at fault has no insurance, is underinsured or in a hit-and-run crash.
Read More: https://vimeo.com/707299643
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