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Motor Vehicle Attorneys: What's New? No One Is Talking About
What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that relates to an accident in a motor vehicle. While the majority of cases are subject to common law however, there are a few issues that are unique to this field.


Under New York law, owners of vehicles are responsible for any accidents that occur when their vehicles are operating with their permission, express or implied. Our legal team tackles these cases as an incidental basis.

Eyewitness Testimony

Eyewitness testimony can provide a valuable supplement to other evidence in a motor car case. This type of testimony usually assists in identifying the person who committed the crime or provide details about the circumstances of the crash. However there is a large amount of evidence that suggests eyewitness identifications are often incorrect.

Witnesses are likely, for example, to make errors when attempting to recall an object's colour or shape. Additionally, perceptual distortions -- such as fading memories can also distort a witness's memory of a specific event.

Moreover, witness memory can be affected by questions that lead to or other information that is provided to witnesses. For instance, researchers in an study found that asking participants to estimate the speed at which the car was moving influenced their answers. Other factors that impact the accuracy of eyewitness testimony include age levels, attention, skill in coping with stress, health conditions and prejudice.

Even though many experts will say that eyewitness evidence can be relied upon however, it is important to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In some instances, inaccurate eyewitness testimony has been responsible for wrongly convicted people and even murder. In 2018, the Innocence Project proved that the fingerprints on a cup that a witness had used to identify the suspect in a burglary, were not the Royal Clark's.

Vehicle Examination

In general inspections of vehicles must be conducted annually. Certain vehicles, for instance private-sale vehicles or those with expired inspection stickers, might require more frequent inspections. In certain instances, such as when an New York resident moves and needs to update their address, it's required that the vehicle be examined prior to issuance of new stickers.

The inspector will verify certain details including the model and make of the vehicle and its registration date, odometer reading and so on. The inspector then will inspect the vehicle, starting with the obvious areas like the mirrors and windshields as well as the lights and horn. There are various checklists that ensure a thorough examination has been completed, including inspecting things like rust and suspension components.

Drivers are expected to remain vigilant on the roads and keep an eye out for other drivers, pedestrians and any potential hazards. Failure to do this can be considered negligence. A driver must also maintain control at all the time. A vehicle with a defect could cause the vehicle to lose control, which could result in serious injuries. A vehicle's manufacturer may also be held responsible for the accident when it was caused by an auto defect or component part.

Parts or Components that are defective

For a vehicle's operation to run properly, thousands of tiny mechanical and electrical parts must function. If one of these components fails, the results can be devastating. Most of the time, these accidents are the result of manufacturing defects or other issues in the design or construction of a specific component. If a car part that is defective is the cause of an accident, the party responsible may be liable for the payment of the victims of the crash for their injuries.

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

Defective components of a car include brakes, seatbelts and tires, airbags or any other part that fails to function according to the specifications and cause an accident. Sometimes, these issues result from aftermarket modifications that weren't made with the same care as the original parts on the vehicle. Other times, the defect may be present in the initial design of a particular part.

The manufacturers are required to make cars that meet the minimum safety standards. If the vehicle, or one parts of it, was not constructed or designed according to meet these standards, then the manufacturer may be held liable for any damage resulting from an accident caused by a defective component.

Insurance Coverage

In most states, motorists are required to have insurance if their recklessness or conduct results in harm to others. motor vehicle accident lawsuit fresno covers bodily injury liability as well as property damage liability.

Bodily injury liability pays for your medical bills and the medical costs of others injured in a collision caused by your car as long as you meet the limits of your policy. There is typically an amount for each injured person, and a limit for all property damage. Some insurance companies offer optional policies that have higher limits for these kinds of damages.

Property damage insurance will cover to repair or replace your car when it is damaged any way other than by a collision. This includes theft, fire or windstorm, as well as collision with a deer. It can also cover damage to your car from driving over potholes. This type of insurance is mandatory in New York and some other states.

In many 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. The coverage pays for medical and property damages in the event that the at-fault driver does not have insurance or is uninsured.

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