What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that relates to an accident involving a motor vehicle. While the majority of cases are subject to common-law concepts however, there are a few issues that are unique to this specific area.
According to New York law, vehicle owners are responsible for accidents that occur when their vehicles were being operated with their express or implied permission. Our dedicated legal team handles these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony is a valuable supplement to other evidence related to motor vehicle related cases. This type testimonies often helps identify the person who committed the crime or provide details on how the crash occurred. However there is a huge collection of studies that show eyewitness accounts can be extremely inaccurate.
Witnesses are prone, for example, to make a mistake when recollecting an object's color or shape. Perceptual distortions, like faded memories, may cause a witness to misremember the exact incident.
Witness memory can also be affected when a witness is presented with important questions or information. For instance, researchers in an experiment found that telling participants to estimate the speed at which the car was going influenced their answers. Other factors that affect the reliability of eyewitness accounts include age ability, attention level, stress, health conditions and prejudice.
Even though many experts will insist that eyewitness testimony can be relied upon however, it is important to sensitize jurors and law enforcement agencies about the potential for error in this type of evidence. In some cases, incorrect eyewitness testimony has been responsible for wrong convictions, and even murder. In 2018 the Innocence Project proved that the fingerprints on a cup, which a witness used to identify the suspect in a burglary, were not the Royal Clark's.
Vehicle Inspection
As a rule inspections for vehicles are required each year. Certain vehicles may need to be checked more often, such as those sold through private sales or those that have an expiring inspection sticker. In certain situations, like when the New York resident moves and has to change their address, it's required to have the vehicle inspected prior to issuing new stickers.
When an inspector conducts an inspection they start off by verifying a few details such as the car's make and model and registration date and the odometer's reading, and others. The inspector will then inspect the vehicle, beginning with the obvious areas like the windshields and mirrors as well as the lights and horn. There are several checklists to ensure that an exhaustive inspection is performed, including looking for things like suspension components or rust.
motor vehicle accident lawyer roswell must be vigilant and keep an eye out for pedestrians, other motorists and other potential dangers. Failure to do this could be considered to be negligence. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is defective can lead to a loss of control of the vehicle, which can cause severe injuries. A car's manufacturer could be held responsible for the accident when it was caused by an automobile defect or part.
Parts or Components that are Defective
To ensure that a vehicle functions effectively, thousands and millions of tiny mechanical parts and electrical components have to work together. If one of these components fail, the consequences could be catastrophic. These accidents are typically the result of manufacturing faults or other problems with the design or construction a certain part. If a defective part of an automobile is the cause of an accident, the person responsible for the accident could be liable for compensating the victims for their injuries.
Many people believe that all auto accidents happen due to human error. While the majority of car accidents are caused by driver errors There are other factors that can cause a crash such as road conditions and defective auto parts.
Defective automobile parts include brakes seatbelts and tires, airbags or any other part that fails to function in the way it was designed and result in an accident. Sometimes, these issues are caused by aftermarket improvements that were not designed with the same care as the original components on the vehicle. Sometimes, the problem could be in the initial design of a specific part.
The manufacturers are required to create cars that meet minimum safety standards. If the vehicle, or one of its parts, was not designed or built in accordance with these standards, the maker is liable for any damage resulting from an accident caused by a defective part.
Insurance Coverage
The majority of states operate under the tort liability system which requires drivers to be insured in the event their actions or negligence causes injury to others. Liability insurance covers bodily injuries and property damage liability.
The bodily injury liability covers your medical costs 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 for each injured person as well as a limit for property damage in all forms. Some insurers offer policies that have higher limits on these types of damages.
Property damage insurance pays to repair or replace your vehicle when it is damaged by an event other than a collision with a vehicle or object, like windstorm, fire, theft and the impact of deer. It can also cover damage that is caused by driving over potholes. This type of coverage is required in New York and some other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, though some states only require it if the at-fault driver has no insurance or inadequate insurance. This coverage will reimburse you or your passengers for your medical and property losses when the driver at fault has no insurance, is underinsured or involved in a hit and run accident.