A Productive Rant Concerning Motor Vehicle Attorneys
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 subject to common law principles but there are some legal issues that are unique to this field.
According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were operating with their explicit or implied permission. Our legal team deals with these cases as an contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an important addition to other evidence in a motor vehicle case. This type testimonies often helps to identify the culprit of a crime or provide specifics about the manner in which the crash occurred. There is a large body of research that shows eyewitness testimony is often not reliable.
Witnesses, for instance, tend to make errors in recalling the color of an object or its shape. In addition perceptual distortions such as fading memories can alter a witness's memory of an event.
In addition, the memory of witnesses may be distorted by leading questions or other information offered to witnesses. Researchers discovered that in one experiment, telling participants to estimate the speed of a vehicle influenced their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention, skill, stress level health conditions, prejudice, previous experiences, cognitive state, confidence or level of certainty and suggestive questions, biased lineups and racial or personal bias.
Although many experts insist on the credibility of eyewitness testimony but it is vital to inform law enforcement agencies and jury members about the possibility of error. In some cases, incorrect eyewitness testimony is responsible for wrongful convictions and even murder. For instance, in 2018, the Innocence Project was able to establish that the fingerprints on a cup used by witnesses to identify the suspect in a burglary were not the Royal Clark's.
Vehicle Examining
In general vehicle inspections are required every year. Certain vehicles might need to be inspected more frequently like those that are sold at private sales or have an inspection sticker that has expired. In certain situations, like when the New York resident moves and needs to update their address, it is mandatory to have the vehicle examined prior to issuance of new stickers.
When an inspector conducts an inspection, they start off by verifying some of the details like the car's model and make and registration date and the odometer's reading, and so on. The inspector will then inspect the vehicle, starting with the obvious areas like the windshields and mirrors, the lights and the horn. There are numerous checklists that assure that a thorough inspection of the vehicle has been conducted, which includes the inspection of things such as rust and suspension components.
Drivers must be aware and keep an eye out for pedestrians, motorists, and any potential dangers. In the event of a crash, it could be construed as negligent. Drivers must also keep control at all times. A defective vehicle can cause a loss of control of the vehicle, which could cause serious injuries. It is also possible that the vehicle's manufacturer may be found to be liable under product liability laws if the accident was caused by a defect in the vehicle or the components of it.
Parts or Components that are defective
To make a car function properly, thousands and thousands of tiny mechanical components and electrical components must work together. When one of these parts is damaged, the result can be disastrous. These accidents are usually the result of manufacturing faults or other problems in the design or construction of the component. If a defect in the design or construction of a vehicle is the reason of an accident, then the party accountable for the incident could be liable for a reimbursement to victims for injuries.
Many people think that all auto accidents happen because of human error. While 94 percent of them are due to driver errors, there are also other factors, such as road conditions and defective components that could cause an accident.
Defective components of a car include brakes, airbags, seatbelts, tires or any other part that may not function as designed and lead to an accident. Sometimes, these flaws are the result of aftermarket enhancements that were not designed with the same level of attention to detail as the original parts on vehicles. Sometimes, the defect is present in the original design of the part.
Manufacturers are required by law to make vehicles that meet the minimum safety standards. If the vehicle or its components were not designed or built to these specifications, the manufacturer may be held accountable in a product liability lawsuit for any damages that result as a result of an accident caused by the defective part.
Insurance Coverage
In most states, drivers are required to have insurance if their negligent or misconduct causes harm to other drivers. Liability insurance covers bodily injury liability and property damage liability.
The bodily injury liability covers your medical expenses and those of others who are injured by your vehicle in an accident in excess of the policy limit. Typically, there is motor vehicle accident attorney north charleston per victim and a single limit for the total amount of property damage. Certain insurance companies offer policies with higher limits on these types of damages.
Property damage coverage pays to repair or replace your vehicle if it is damaged by something other than collision with another vehicle or object, for example theft, fire, windstorm and the impact of deer. It can also be used to cover damage caused by 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 a requirement. However, certain states only require it if the driver at fault has no insurance. This coverage reimburses you or your passengers for injuries to property and medical expenses when the at-fault driver has no insurance, is not insured or involved in a hit-and-run accident.