Notes

A Rewind The Conversations People Had About Motor Vehicle Attorneys 20 Years Ago
What Is a Motor Vehicle Case?

A motor vehicle case refers to any personal injury lawsuit that results from an accident involving a motor vehicle. While the majority of cases are governed under common law principles but there are some legal issues which are unique to this particular area.

Under New York law, owners of vehicles are accountable for accidents that occur when their vehicles are operated with their permission, whether explicit or implied. Our legal team takes on these cases as an incidental basis.

Eyewitness Testimony

Eyewitness testimony can be a useful addition to other evidence when it comes to motor vehicle related cases. This type of testimony typically aids in identifying the criminal or provide details on the circumstances of the crash. There is a large body of research that shows eyewitness identifications are usually inaccurate.

For instance, witnesses tend to make errors in recollecting the color of an object or its shape. In addition, perceptual distortions -- like fading memories -- can also affect a person's memory of a specific event.


Witness memory can also be distorted when a witness receives leading questions or information. For instance, researchers in one study found that asking participants to estimate the speed at which the car was moving affected their responses. Other factors that affect the reliability of eyewitness accounts include age levels, attention, skill and stress, health issues and prejudice.

Even though many experts will claim that eyewitness testimony is able to be trusted but there is a need to educate jurors and law enforcement agencies about the possibility of error in this type of evidence. In some cases eyewitness testimony that was inaccurate can lead to wrongful convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup that a witness had used to identify a suspect during a burglary, were not the signatures of Royal Clark's.

Vehicle Examining

In general inspections of vehicles must take place every year. motor vehicle accident lawyer suffolk of vehicles, like private-label vehicles or those with inspection stickers that are expired, might require more frequent inspections. It is also mandatory for certain situations, like when residents of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers can be issued.

The inspector will verify a few details including the model and make of the vehicle as well as the date of registration and odometer read, and so on. They then look over the vehicle, starting with the obvious areas such as the mirrors, lights, windshields, and horn. There are several checklists to ensure that thorough inspections are done, including checking for things like corrosion or suspension components.

Drivers must be vigilant and alert for pedestrians, motorists, and any potential dangers. Inattention to this can be considered to be negligence. A driver must also be in control at all time. A vehicle that is not in good condition can result in a loss of control over the vehicle which can cause severe injuries. A vehicle's manufacturer may also be held liable for the accident in the event that it was caused by an auto defect or component part.

Components or parts that are defective

For a vehicle's operation to run properly, thousands of tiny electrical and mechanical components must work together. If one of these components fails, the consequences can be disastrous. Most of the time, these accidents are caused by manufacturing defects or other issues in the construction or design of a particular component. When a malfunctioning car part is the cause of an accident, the person responsible could be responsible for compensating the victims of the crash for their injuries.

Many people believe that the majority of auto accidents are caused by human error. While the majority of car accidents result from driver error however, there are other elements that can trigger a crash such as road conditions and defective auto parts.

Defective car parts include brakes seats, airbags, tires or any other component that may not function according to the specifications and cause an accident. These defects could result from parts purchased from an aftermarket store that were not constructed as well as the original components on a car. Sometimes, the flaw is in the original design of a piece.

The manufacturers are required to build cars that meet minimum safety standards. If the vehicle, or one of its components, were not built or designed to meet these standards, the manufacturer could be held accountable for any damages that result from an accident caused by a defective part.

Insurance Coverage

In the majority of states, drivers are required to have insurance if their negligent or misconduct results in harm to others. Liability insurance covers bodily injury liability and property damage liability.

The bodily injury liability covers your medical costs and those of others injured by your vehicle in an accident as long as you meet the limit of your policy. Typically there is a separate limit per victim and a single limit for the total amount of property damage. Some insurers offer policies that have higher limits on these kinds of damages.

Property damage coverage will pay to repair or replace your vehicle should it be damaged in any other way than collision. This includes fire, theft storm, windstorm, or even the impact of a deer. This coverage may also cover damage resulting from driving over potholes. This type of insurance is mandatory in New York and some other states.

In many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states require it only when the driver at fault is not insured or has no insurance. This coverage reimburses you or your passengers for medical and property losses when the at-fault driver does not have insurance, is uninsured, or involved in a hit and run accident.

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