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What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that results from an accident involving a motor vehicle. While most cases are governed by the standard common-law notions of negligence but there are a range of specific issues pertaining to this particular practice area.
According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were operated with their explicit or implied permission. Our legal team takes care of these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle case. This kind of evidence can be used to identify the perpetrators or criminals, or provide details on how the incident occurred. There is a wealth of research that suggests eyewitness identifications are often inaccurate.
Witnesses are more likely, for example, to make a mistake when recalling an object's color or shape. In addition, perceptual distortions -- like fading memories can alter a witness's memories of a particular event.
Moreover, witness memory can be altered by leading questions or other information given to witnesses. Researchers found that in one study asking participants to estimate the speed of a car influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention, capability, stress level, health conditions, prejudices, previous experience, cognitive state, the degree of certainty or confidence as well as a suggestion of questioning, biased lineups and racial or personal bias.
Even though many experts will affirm that eyewitness testimony can be trusted there is a need to sensitize law enforcement agencies and jurors regarding the possibility of errors in this kind of evidence. In some cases, eyewitness testimony that was not accurate has led to wrong convictions, or even murder. In the case of 2018, for instance, the Innocence Project was able to demonstrate that the fingerprints found on a cup used by a witness to identify the suspect in a burglary not Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required each year. Certain vehicles might need to be regularly inspected for instance, those that are sold at private sales or those that have an expiring inspection sticker. In certain circumstances, such as when the New York resident moves and has to change their address, it's mandatory to have the vehicle checked prior to the issue of new stickers.
motor vehicle accident attorney miami will first confirm certain details including the model and make of the car, its registration date and odometer reading, and so on. The inspectors then start to look at the vehicle itself, starting with the obvious areas such as the mirrors, the windshields, the lights, and the horn. There are many checklists to make sure that a thorough inspection is carried out, including the detection of things like rust or suspension parts.
Drivers are expected vigilant on the road and to look out for pedestrians, other drivers and other potential hazards. Failure to do this could be considered a breach of the law. A driver must also be in control at all at all times. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer of the vehicle could be held liable under the law of product liability when the accident was caused by a defect in the car or the parts that make it up.
Defective Parts or Components
In order to make a vehicle function correctly, thousands of tiny mechanical components and electrical components have to work together. When one of these components fails, the results can be catastrophic. These accidents are typically caused by manufacturing flaws or other issues related to the design or construction a certain part. If a malfunctioning part of a vehicle is at the root of an accident, then the party accountable for the incident could be liable for compensating the victims for their injuries.
Many people believe that all car accidents are caused by human error. While 94 percent of crashes are caused by driver mistakes, there are also other factors such as roads and parts that are defective that can lead to an accident.
Defective car parts include brakes, tires, seatbelts, airbags or any other component that can fail to work as intended and lead to an accident. These issues could be caused by parts purchased from an aftermarket store that were not created with the same care as original components of a car. Sometimes, the defect is present in the original design of a piece.
Manufacturers are required to produce cars that meet the minimum safety standards. If the vehicle or its components weren't designed or constructed to these specifications, the manufacturer may be held accountable in a lawsuit for product liability for any damage that occurs due to an accident that was caused by the defective component.
Insurance Coverage
In most states, motorists are required to carry insurance if their negligent or misconduct causes harm to others. Liability insurance covers bodily injury liability and property damage liability.
Bodily injury liability covers your medical bills and the medical expenses of those injured in a collision caused by your car as long as you meet the limits of your insurance policy. Typically there is an individual 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 car when it is damaged in any other way than collision. This includes fire, theft storm, windstorm, or even collision with a deer. It may also protect your vehicle from damage from driving over 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, certain states only require it if the driver at fault has no insurance. This insurance covers you or your passengers for your loss of property and medical expenses if the at-fault driver is not insured, has no insurance, is uninsured or involved in a hit and run accident.
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