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What Is a Motor Vehicle Case?
A motor vehicle lawsuit is any personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are subject to common-law concepts but there are some legal issues that are unique to this field.
According to New York law, owners of vehicles are responsible for accidents that occur when their vehicles are operating with their permission, whether explicit or implied. Our legal team takes care of these cases on a contingency fee basis.
Eyewitness Testimony
Eyewitness testimony can be a useful addition to other evidence when it comes to motor vehicle accidents. This type of testimony often assists in identifying the person who committed the crime or provide specifics about how the crash took place. There is a huge body of research that shows eyewitness testimony is often not reliable.
Witnesses are susceptible to make a mistake when recalling an object's color or shape. In addition perceptual distortions like fading memories -- can also affect a person's memory of an incident.
Witness memory can also be distorted when witnesses are given important questions or information. Researchers discovered that in one experiment where participants were instructed to estimate the speed of a vehicle influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age and attention level, as well as skill in coping with stress, health conditions and prejudice.
While many experts affirm that eyewitness testimony can be trusted however, it is important to sensitize jurors and law enforcement agencies about the possibility of errors in this kind of evidence. In some cases, eyewitness testimony that is not correct has led to wrong convictions, or even murder. For motor vehicle accident law firm new rochelle , in the year 2018 the Innocence Project was able to show that the fingerprints of a cup used by witnesses to identify a suspect in a burglary not Royal Clark's.
Vehicle Examining
As a general rule inspections of vehicles must take place every year. Some vehicles, such as those sold privately or those that have expired inspection stickers might require more frequent inspections. 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.
When an inspector conducts an inspection they start off by verifying some of the details like the vehicle's make and model, its registration date, its odometer reading, and others. The inspectors then start to look at the vehicle's interior, beginning with the most obvious parts like the mirrors lights, windshields, and the horn. There are numerous checklists that assure that a thorough inspection of the vehicle has been completed, including the inspection of things such as rust and suspension components.
Drivers must be alert and be aware of other motorists, pedestrians and potential dangers. Failure to do this could constitute negligence. It is also the driver's responsibility to ensure that they are in control of their vehicle at all time. A vehicle with a defect could lead to a loss of control over the vehicle which could cause serious injuries. It is also possible that the car's manufacturer could be found liable under the law of product liability when the accident was caused by a defect in the car or any of its components.
Components or parts that are defective
To make a car function effectively, thousands and millions of tiny mechanical components and electrical components have to work together. If one of these parts fails, the consequences can be devastating. Often, these accidents are caused by manufacturing defects or other issues in the design or construction of a specific component. When a malfunctioning car part is the reason for an accident, the party responsible could be responsible for compensating the victims of the crash for their injuries.
Many people think that all auto accidents occur due to human error. While nearly 94 percent of car accidents result from driver error There are other factors which can cause a crash including road conditions, and defective auto parts.
Defective auto parts include brakes, tires, seatbelts and airbags or any other component that may not perform as intended, resulting to an accident. These defects can be the result of parts purchased from an aftermarket store that were not constructed as well as the original components on a car. Sometimes, the defect is present in the original design of a part.
The manufacturers are required to make vehicles that meet the minimum safety standards. If a vehicle or its parts were not manufactured or designed according to these standards the manufacturer could be held accountable in a lawsuit involving product liability for any damages that occur in the event of an accident caused by the defective part.
Insurance Coverage
Most states follow the tort liability system which requires drivers to have insurance in case their misconduct or negligence causes injury to others. Liability coverage includes bodily injuries liability and property damage liabilities.
The bodily injury liability covers your medical expenses as well as those of other people injured by your vehicle in an accident, up to the policy limit. Typically, there is a separate limit per victim and a single limit for the total amount of property damage. Certain insurers offer optional policies that have greater limits for these types of damages.
Property damage insurance pays to repair or replace your vehicle if it is damaged by an event other than a collision with another vehicle or other object, like theft, fire, windstorm and the impact of the deer. It may also protect your vehicle from damage caused by driving on potholes. This kind of insurance is required in New York, among other states.
In many states, uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, some states require it only when the driver at fault does not have insurance. This coverage covers your medical and property damage in the event that the at-fault driver has no insurance or is underinsured.
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