5 Laws Everyone Working In Motor Vehicle Attorneys Should Be Aware Of
What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit involving an accident involving a motor vehicle. While the majority of cases are guided by common law concepts of negligence but there are a range of particular issues that pertain to this practice.
Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are being operated with their permission, whether explicit or implied. Our legal team takes care of these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can be an important addition to other evidence in a motor vehicle accident. This type of testimony usually helps to identify the person who committed the crime or provide details on the circumstances of the crash. However, there is a wide collection of studies that show eyewitness identifications are often in error.
For example, witnesses are prone to making mistakes when they try to recall the color of an object or its shape. In addition perceptual distortions such as fading memories can also distort a witness's memories of a particular incident.
Witness memory can also be affected when a witness receives important questions or information. Researchers discovered that in one experiment in which participants were asked to estimate the speed of a car influenced their responses. Other factors that impact the accuracy of eyewitness testimonies include age levels, attention, skill as well as stress, health conditions and prejudice.
Although many experts claim that eyewitness testimony is able to be relied upon, there is a need to sensitize law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some instances, eyewitness testimony that was inaccurate has led to wrongful convictions or even murder. For instance, in 2018 the Innocence Project was able to establish that the fingerprints on a cup used by an eyewitness to identify the suspect in a burglary not the Royal Clark's.
Vehicle Inspection
In general inspections for vehicles are required every year. Some vehicles may need to be examined more frequently like those that are sold at private sales or with an expiring inspection sticker. In certain situations, for instance, when an New York resident moves and has to change their address, it's mandatory to have the vehicle examined prior to the issuance of new stickers.
When an inspector conducts an inspection they begin by verifying certain details such as the vehicle's make and model and registration date as well as the odometer reading and so on. The inspector will then inspect the vehicle, starting with the obvious parts like the windshields and mirrors, the lights and the horn. There are various checklists that assure that a thorough inspection of the vehicle is completed, which includes checking on things like rust and suspension components.
Drivers must be alert and be aware of pedestrians, motorists, and potential hazards. Failure to do so can constitute negligence. It is also a driver's responsibility to keep control of their vehicle at all the time. A vehicle that is not in good condition can cause a loss of control of the vehicle which can cause severe injuries. It is also possible that the vehicle's manufacturer could be found liable under the law on product liability in the event of an accident caused by an issue with the vehicle or any of its components.
Components or parts that are defective
For a vehicle to function correctly, thousands of tiny electrical and mechanical parts must work together. When one of these components fails, the consequences can be catastrophic. Usually, these incidents are the result of manufacturing defects or other issues in the construction or design of a specific part. If a defective part of a car is the cause of an accident, then the person who caused the accident may be liable to compensate victims for their injuries.
Many people believe that all auto accidents occur because of human error. While 94 percent of them are caused by driver error, there are also other factors such as road conditions and defective parts that can lead to an accident.
Defective car parts include brakes seatbelts and tires, airbags or any other part that may not function in the way it was designed and result in an accident. These problems could be the result of parts purchased from an aftermarket store that were not designed as carefully as the original components on a vehicle. Other times, the flaw may be present in the design of a specific part.
The manufacturers are required to produce vehicles that meet minimum safety standards. If the vehicle, or one of its components, were not constructed or designed according to meet these standards, the manufacturer could be held accountable for any damage resulting from an accident caused by a defect in the part.
motor vehicle accident law firm alexandria of states have a tort liability system that requires drivers to have insurance in the event that their actions or negligence causes injury to another. Liability coverage includes 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 vehicle up to the limits of your policy. There is usually a limit for each injured person and a maximum for property damage in all forms. Some insurers offer optional policies with higher limits for these types of damages.
Property damage coverage will pay to repair or replace your car when it is damaged any way other than by a collision. This includes fire, theft windstorm, or the impact of a deer. It could also cover damage to your car caused by driving over potholes. This type of coverage is mandatory in New York and some other states.
In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, some states only require it if the driver at fault is not covered by insurance. This coverage reimburses your medical and property damage in the event that the at-fault driver does not have insurance or is uninsured.