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What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that relates to the accident of a motor vehicle. While the majority of cases are subject to common law but there are some legal issues that are unique to this particular area.
According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were being operated with their express or implied consent. Our legal team is dedicated to handling these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony is an excellent addition to other evidence related to motor vehicle related cases. This type of testimony can be used to identify the perpetrators of crimes or provide details about how the incident occurred. However there is a vast research that indicates that eyewitness testimony can be wildly inaccurate.
motor vehicle accident attorneys newark , for instance, are prone to making mistakes in recollecting the color of an object or its shape. Perceptual distortions, like memory loss, may cause a person to miss an incident.
In addition, the memory of witnesses may be affected by the direction of questions or other information given to a witness. For instance, researchers in an experiment found that telling participants to estimate the speed at which the car was moving influenced their answers. Other factors that influence the accuracy of eyewitness accounts include age, attention, skills, stress levels and health conditions, prejudices, previous experience, cognitive state, the degree of certainty or confidence in the form of suggestion, bias lineups and racial or individual bias.
Although many experts insist on the reliability of eyewitness testimony but it is crucial to educate law enforcement agencies and jury members about the possibility of mistakes. In some instances, eyewitness testimony that was incorrect can lead to wrongful convictions or even murder. For instance, in 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 Royal Clark's.
Vehicle Inspection
As a general rule inspections of vehicles are required to be conducted annually. Certain vehicles may need to be examined more frequently like those that are sold via private sales or have an expiring inspection sticker. It is also a requirement in 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 are issued.
The inspector will verify some of the details, such as the make and model of the vehicle and its registration date and odometer read, and so on. They then begin to examine the vehicle itself, starting with the obvious areas like the mirrors, lights, windshields, and the horn. There are various checklists that ensure a thorough examination has taken place, including checking on things such as rust and suspension components.
Drivers must be vigilant and keep an eye out for pedestrians, motorists, and potential hazards. In the event of a crash, it could be regarded as negligent. The driver must also keep control at all time. A vehicle that is defective 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 accountable under the laws of product liability in the event of an accident caused by a defect in the vehicle or its component parts.
Parts or Components that are Defective
To make a car function correctly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these parts fails, the results can be catastrophic. Most often, these accidents are the result of manufacturing defects or other problems in the design or construction of a particular component. If a car part that is defective is the reason for an accident, the party responsible may be liable to compensate the victims of the crash for their injuries.
Many people believe that all auto accidents occur because of human error. While 94 percent of crashes are caused by driver errors, there are also other factors, such as roads and parts that are defective that could cause an accident.
Defective auto parts include brakes, airbags, seats and tires or any other part that could fail to perform as intended, resulting to an accident. Sometimes, these flaws result from aftermarket improvements that weren't designed with the same level of care as the original parts on vehicles. Other times, the defect is in the design of a specific component.
Manufacturers are required to design vehicles that meet minimum safety standards. If the vehicle, or any parts of it, was not designed or built to meet these standards, then the manufacturer could be held accountable for any damage resulting from an accident caused by a defective part.
Insurance Coverage
In many states, drivers are required to have insurance in the event that their carelessness or misconduct results in harm to others. Liability coverage includes bodily injury liability as well as property damage liability.
The bodily injury liability covers your medical expenses and those of others injured by your car in an accident, up to the policy limit. There is typically a limit per injured person as well as a limit for all property damage. Certain insurance companies offer policies that have higher limits for these types of damages.
Property damage insurance will cover to repair or replace your car should it be damaged in any other way than collision. This includes fire, theft storm, windstorm, or even collision with a deer. It can also cover damage to your car caused by driving on potholes. This type of coverage is mandatory in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, but some states only require it if the driver at fault is not insured or has inadequate insurance or inadequate insurance. This insurance covers you or your passengers for loss of property and medical expenses if the at-fault driver is not insured, has no insurance, is not insured or involved in a hit and run accident.
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