5 Motor Vehicle Attorneys Myths You Should Avoid
What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that relates to a motor vehicle accident. Although most cases are governed by standard common-law concepts of negligence however, there are a variety of specific issues pertaining to this area of practice.
According to New York law, vehicle owners are responsible for accidents that occur while their vehicles were operated with their express or implied permission. Our legal team tackles these cases on an emergency basis.
Eyewitness Testimony
Eyewitness testimony is an excellent addition to other evidence related to motor vehicle-related cases. This kind of evidence can be used to identify the perpetrators of crime or provide information about what caused the accident. However there is a vast body of research indicating that eyewitness accounts can be extremely incorrect.
Witnesses are prone, for example, to make a mistake when recollecting an object's color or shape. Perceptual distortions, for example, memory loss, may cause a witness to misremember a specific event.
Witness memory can also be affected if a witness is given important questions or information. For instance, researchers in an study found that asking participants to estimate how fast the car was going influenced their answers. Other factors that impact the accuracy of eyewitness accounts include age, attention level, skill and stress, health issues and prejudice.
Although many experts insist that eyewitness testimony can be relied upon, there is a need to sensitize jurors and law enforcement agencies about the potential for error in this kind of evidence. In some cases eyewitness testimony that was inaccurate has led 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 in a burglary, were not Royal Clark's.
motor vehicle accident attorneys hammond
In general inspections for vehicles are required every year. Certain vehicles may need to be regularly inspected, such as those sold through private sales or those that have an inspection sticker that has expired. It is also mandatory for certain situations, for instance when a resident of New York moves and needs to change their address, that their vehicle is inspected before the new stickers can be issued.
When an inspector conducts an inspection they begin by confirming a few details such as the car's make and model as well as the date of registration and odometer reading and others. The inspector will then examine the vehicle, beginning with the obvious areas, such as the mirrors and windshields as well as the lights and horn. There are a variety of checklists to ensure a thorough inspection has been conducted, which includes looking for things such as rust and suspension components.
Drivers must be vigilant and keep an eye out for other motorists, pedestrians and other potential dangers. Failure to do so could be construed as negligence. Drivers must also keep control at all at all times. A vehicle with a defect could lead to a loss of control of the vehicle, which could result in serious injuries. It is also possible that the manufacturer may be found to be liable under the law on product liability in the event of an accident caused by a defect in the vehicle or its component parts.
Components or Parts that are defective
In order to make a vehicle function correctly, thousands of tiny mechanical parts and electrical components must work together. If one of these components fail, the consequences could be devastating. Most of the time, these accidents are caused by manufacturing defects or other problems in the construction or design of a specific part. If a car component that is defective is the reason for an accident, the responsible party could be responsible for compensating the crash victims for their injuries.
Many people believe that all car accidents are caused by human error. While 94 percent of accidents are caused by driver error, there are also other factors, such as road conditions and defective components that can cause an accident.
Defective components of a car include brakes, airbags, seatbelts, tires or any other component that can fail to work according to the specifications and cause an accident. Sometimes, these issues are the result of aftermarket modifications that were not designed with the same level of attention to detail as the original parts on the vehicle. Other times, the defect could be in the initial design of a specific component.
Manufacturers are required to produce cars that meet minimum safety standards. If the vehicle, or one of its parts, was not constructed or designed according in accordance with these standards, the maker could be held responsible for any damages resulting from an accident caused by a defective part.
Insurance Coverage
In most states, motorists are required to carry insurance in the event that their carelessness or conduct causes harm to other drivers. Liability coverage includes bodily injury liability and property damage liability.
The bodily injury liability covers medical expenses and those of others who are injured by your vehicle in an accident as long as you meet the limit of your policy. There is usually a limit per injured person, and a limit for property damage in all forms. Some insurance companies offer policies with higher limits for these types of damages.
Property damage insurance pays to repair or replace your vehicle if it is damaged by something other than a collision with another vehicle or object, such as windstorm, fire, theft and the impact of a deer. It can also cover damage that is caused by driving through potholes. This type of insurance is mandatory in New York, among other states.
Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, although certain states require it only if the driver at fault has no insurance or insufficient insurance. This coverage covers your medical and property damage if the at-fault motorist does not have insurance or is underinsured.