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What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit involving the accident of a motor vehicle. While the majority of cases are guided by the common law principles 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 occur when their vehicles were operating with their explicit or implied consent. Our legal team takes on these cases on an contingency basis.
Eyewitness Testimony
Eyewitness testimony is a powerful addition to other evidence when it comes to motor vehicle accidents. This type of testimony can be used to identify the perpetrators or criminals, or provide information about what caused the accident. However there is a large body of research indicating that eyewitness identifications are often in error.
For example, witnesses are susceptible to making errors in recollecting the color of an object or its shape. Perceptual distortions, like memory loss, may cause a person to miss the specific moment.
Moreover, witness memory can be affected by questions that lead to or other information that is provided to a witness. motor vehicle accident attorneys kansas city found that in one study where participants were instructed to estimate the speed of a car influenced their responses. Other factors that affect the reliability of eyewitness accounts include age and attention level, as well as skill, stress, health conditions and prejudice.
While many experts say that eyewitness evidence can be trusted there is a need to educate jurors and law enforcement agencies regarding the possibility of errors in this type of evidence. In some instances eyewitness testimony that was incorrect has led to wrong convictions, or even murder. For instance, in 2018 the Innocence Project was able to establish that the fingerprints on the cup used by an eyewitness to identify the suspect in a burglary were not those of Royal Clark's.
Vehicle Examination
As a rule vehicle inspections are required every year. Certain types of vehicles might need be checked more often like those sold at private sales or those that have an expiring inspection sticker. In certain situations, like when someone who is a New York resident moves and must update their address, it is required that the vehicle be examined prior to the issuance of new stickers.
When an inspector conducts an inspection, they begin by verifying certain details such as the car's model and make, its registration date and the odometer's reading, and the list goes on. They then begin to examine the car itself, beginning with the obvious areas like mirrors, the windshields, the lights and the horn. There are many checklists to make sure that a thorough inspection is carried out, including checking for things such as corrosion or suspension parts.
Drivers must be alert and alert for pedestrians, motorists, and other potential dangers. Inability to do this could be regarded as negligent. A driver must also maintain control at all time. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. The manufacturer of the vehicle could also be held liable for the accident when it was caused by an auto defect or component part.
Defective Components or Parts
In order for a vehicle to function effectively, thousands of tiny electrical and mechanical parts must function. When one of these components fails, the results can be catastrophic. These incidents are typically due to manufacturing errors or other problems related to the design or construction a certain part. If a malfunctioning part of an automobile is the cause of an accident, then the party responsible for the accident could be liable for a reimbursement to victims for injuries.
Many people believe that all auto accidents are caused human error. While the majority of car accidents are caused by driver errors but there are other causes that can cause a wreck including road conditions and defective auto parts.
Defective auto parts include brakes and airbags, seatbelts, tires or any other component that is unable to perform as intended, leading to an accident. Sometimes, these issues are caused by aftermarket modifications that weren't designed with the same attention to detail as the original parts on vehicles. Other times, the defect is in the original design of the particular component.
Manufacturers are required to create vehicles that meet minimum safety standards. If a vehicle, or any of its components, was not constructed or designed according to these specifications the manufacturer is liable for any damages resulting from an accident caused by a defect in the part.
Insurance Coverage
Most states follow the tort liability system which requires drivers to carry insurance in the event that their conduct or negligence causes injury to another. Liability insurance covers bodily injuries and property damage liability.
The bodily injury liability covers your medical expenses as well as those of other people injured by your vehicle in an accident in excess of the limit of your policy. There is usually a limit for each injured person as well as a limit for property damage in all forms. Some insurance companies offer policies that have higher limits on these kinds of damages.
Property damage insurance will cover to repair or replace your car when it is damaged in any way other than by a collision. This includes fire, theft windstorm, or the impact of a deer. It could also protect your vehicle from damage from driving through potholes. This kind of insurance is required in New York, among other states.
In many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states only require it if the driver at fault has no insurance. The coverage pays for property and medical damages in the event that the driver at fault has no insurance or is underinsured.
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