Motor Vehicle Attorneys Explained In Fewer Than 140 Characters
What Is a Motor Vehicle Case?
A motor vehicle lawsuit is any personal injury lawsuit that involves the motor vehicle involved in an accident. Although most cases are governed by the standard common-law notions of negligence, there are a number of specific issues pertaining to this practice.
Under New York law, owners of vehicles are liable for any accidents that occur when their vehicles are operated without their permission, either express or implied. Our legal team handles these cases on an incidental basis.
Eyewitness Testimony
Eyewitness testimony can be an invaluable addition to other evidence in a motor car case. This type of testimony usually helps identify the perpetrator of a crime or provide details on how the crash took place. There is a large body of evidence that shows eyewitness identifications are usually inaccurate.
For instance, witnesses are susceptible to making errors in recollecting the color of an object or its shape. Furthermore, perceptual distortions -- such as fading memories can also distort a witness's memories of a particular incident.
Witness memory can also be altered when witnesses are given leading questions or information. Researchers found that in one experiment asking participants to estimate the speed of a car had an impact on their responses. Other factors that influence the accuracy of eyewitness testimonies include age ability, attention level as well as stress, health conditions and prejudice.
While many experts affirm that eyewitness testimony can be trusted there is a need to educate jurors and law enforcement agencies regarding the possibility of errors in this kind of evidence. In a few cases, faulty eyewitness testimony has been the cause for wrongful convictions and even murder. For instance, in 2018 the Innocence Project was able to prove that the fingerprints on a cup used by an eyewitness to identify the suspect in a burglary were not those of Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required every year. Certain vehicles, for instance those that are privately owned or with inspection stickers that are expired, may require regular inspections. In certain circumstances, such as when an New York resident moves and must update their address, it's mandatory that the vehicle be checked prior to the issue of new stickers.
When an inspector conducts an inspection they begin by confirming a few details such as the car's model and make, its registration date and odometer reading and the list goes on. The inspector then will inspect the vehicle, starting with the obvious parts like the windshields and mirrors, the lights and the horn. There are various checklists that ensure a thorough examination has been completed, including the inspection of things like rust and suspension parts.
Drivers are expected to be vigilant on the roads and to keep an eye out for other drivers, pedestrians, and potential hazards. Failure to do so could be construed as negligence. It is also a driver's responsibility to keep control of their vehicle at all times. A vehicle that is not in good condition could cause the vehicle to lose control, resulting in serious injuries. A vehicle's manufacturer may also be held liable for the accident if it was caused by an automobile defect or component part.
Parts or Components with Defective Components
For a vehicle to function effectively, thousands of tiny electrical and mechanical parts must work together. When one of these components fails, the results can be catastrophic. Most often, these accidents result from manufacturing defects or other issues in the design or construction of a particular component. When a defective car part is the cause of an accident, the party responsible may be liable for the payment of the crash victims for their injuries.
Many people believe that all auto accidents occur due to human error. While 94 percent are caused by driver error however, there are other factors, such as road conditions and defective parts that could cause an accident.
Defective auto parts include brakes and airbags, seats and tires or any other device that may not perform as intended, leading to an accident. These problems could be caused by parts purchased from an aftermarket store that were not constructed as well as the original components on a car. Sometimes, the issue is present in the original design of the part.
The manufacturers are required to make vehicles that meet minimum safety standards. If a vehicle or its parts were not constructed or designed according to these standards the manufacturer could be held liable in a lawsuit for product liability for any damage that occurs in the event of an accident caused by the defective part.
Insurance Coverage
In the majority of states, drivers are required to have insurance if their negligent or conduct causes harm to others. motor vehicle accident lawsuit vallejo covers bodily injuries as well as property damage liabilities.
Bodily Injury liability covers your medical expenses and the medical bills of others injured in a crash caused by your car up to the limits set by the policy. Typically, there is a separate limit per person injured, and a single limit for the total amount of property damage. Certain 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 due to something other than collision with a vehicle or object, for example theft, fire, windstorm and the impact of deer. It can also be used to cover damage to your car from driving over potholes. This type of insurance is required in New York, among other states.
In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, some states only require it if the driver at fault is not insured or has no insurance. This insurance covers medical and property damages in the event that the at-fault driver does not have insurance or is not insured.