Notes

One Of The Biggest Mistakes That People Make When Using Motor Vehicle Attorneys
What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that is based on a motor vehicle accident. Although most cases are governed by the common law principles of negligence, there are a number of specific issues that are unique to this practice.

According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were operated with their explicit or implied consent. Our legal team is able to handle these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can provide an invaluable addition to other evidence in a motor car case. This type of testimony can be used to identify the perpetrators or criminals, or provide information about how the accident occurred. There is motor vehicle accident law firm orlando of research that suggests eyewitness identifications are usually inaccurate.

For example, witnesses tend to make errors when they try to recall the color of an object or its shape. Furthermore, perceptual distortions -- like fading memories -- can also alter a person's recall of a specific incident.

Moreover, witness memory can be affected by questions that lead to or other information provided to a witness. For example, researchers in one study found that asking participants to estimate the speed at which the car was going influenced their answers. Other factors that impact the accuracy of eyewitness accounts include age ability, attention level and stress, health issues and prejudice.

While many experts insist that eyewitness testimony can be relied upon there is a need to sensitize jurors and law enforcement agencies about the potential for error in this type of evidence. In some cases, incorrect eyewitness testimony has led to for wrongful convictions and even murder. For instance, in the year 2018 the Innocence Project was able to show that the fingerprints of a cup used by witnesses to identify the suspect in a burglary not that of Royal Clark's.

Vehicle Inspection

In general vehicle inspections are required every year. Certain vehicles, for instance private-sale vehicles or those with inspection stickers that are expired, might require regular inspections. It is also mandatory for certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle is inspected prior to when the new stickers can be issued.


An inspector will first confirm a few details like the model and make of the car and the registration date, odometer reading and so on. They then examine the vehicle itself, starting with the most obvious areas like the mirrors, lights, windshields, and horn. There are numerous checklists that ensure a thorough inspection has taken place, including inspecting things such as rust and suspension components.

Drivers are expected to remain vigilant on the roads and keep an eye out for other drivers, pedestrians and other potential dangers. Failure to do this could be considered a breach of the law. It is also a driver's obligation to maintain control of their vehicle at all at all times. A vehicle that is not in good condition can cause a loss in control of the vehicle which can cause severe injuries. It is also possible that the manufacturer could be held liable under the law of product liability in the event that the accident was caused by a defect in the vehicle or its component parts.

Parts or Components with Defective Components

To ensure that a vehicle functions properly, thousands and thousands of tiny mechanical parts and electrical components have to work together. If one of these components fails, the consequences can be devastating. Often, these accidents are caused by manufacturing defects or other problems in the design or construction of a particular component. If a malfunctioning part of a vehicle is at the root of an accident, the person who caused the accident may be liable to compensate victims for injuries.

Many people believe that all accidents involving cars are caused by human error. While nearly 94 percent of car accidents result from driver error however, there are other elements that can cause a wreck including road conditions and defective auto parts.

Defective auto parts include brakes, airbags, seatbelts and tires or any other device that may not perform as intended, resulting to an accident. Sometimes, these problems are the result of aftermarket modifications that weren't designed with the same attention to detail as the original parts on a vehicle. Sometimes, the problem is found in the original design of a component.

Manufacturers are required to design vehicles that meet the minimum safety standards. If a vehicle, or any parts of it, was not built or designed to these specifications the manufacturer could be held accountable for any damages resulting from an accident caused by a defective component.

Insurance Coverage

In the majority of states, drivers are required to have insurance in the event that their carelessness or misconduct causes harm to other drivers. Liability insurance covers bodily injury liability and property damage liability.

Bodily injury liability is a way to pay for your medical expenses as well as the medical bills of others injured in a crash caused by your vehicle, up to the limits set by the policy. Typically, there is an additional limit for each person injured and a single limit for the total amount of property damage. Certain insurance companies offer policies with higher limits for these kinds of damages.

Property damage insurance will pay to repair or replace your vehicle if it is damaged in any way other than an accident. This includes fire, theft or windstorm, as well as the impact of a deer. It can also cover damage resulting from driving over potholes. This type of insurance is mandatory in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, but some require it only if the at-fault driver has no insurance or inadequate insurance. This coverage will reimburse you or your passengers for your medical and property losses when the at-fault driver does not have insurance, is uninsured, or is involved in a hit-and run crash.

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