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What Is a motor vehicle accident law firm Vehicle Case?

A motor vehicle case is any personal injury lawsuit that results from a motor vehicle accident. While the majority of cases are governed by common law however, there are a few issues which are unique to this specific area.

According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were being operated with their explicit or implied consent. Our legal team is dedicated to handling these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle case. This type testimonies often helps to identify the culprit of a crime or provide details on how the crash occurred. There is a huge body of evidence that shows eyewitness testimony is often not reliable.

Witnesses are susceptible to make mistakes when recalling an object's color or shape. Perceptual distortions, like memory loss, may cause a person to miss an moment.

Witness memory can also be altered when a witness is presented with specific questions or facts. Researchers discovered that in one study where participants were instructed to estimate the speed of a car influenced their responses. Other factors that affect the accuracy of eyewitness testimonies include age levels, attention, skill, stress, health conditions and prejudice.

Although many experts will insist on the validity of eyewitness testimony, it's crucial to educate law enforcement agencies and jury members on the possibility of error. In some cases, eyewitness testimony that was not accurate has led to incorrect convictions or even murder. In 2018, the Innocence Project proved that the fingerprints found on a cup, which a witness used to identify a suspect during a burglary, were not those of Royal Clark's.

Vehicle Inspection

In general, vehicle inspections must be conducted annually. Certain types of vehicles might need be checked more often like those that are sold through private sales or those that have an expired inspection sticker. It is also mandatory for certain situations, for instance when a resident of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers can be issued.

A forensic examiner will first verify a few details like the model and make of the vehicle as well as the date of registration and odometer read, and so on. The inspector will then examine the vehicle, beginning with the obvious areas such as the windshields and mirrors, the lights and the horn. There are numerous checklists to ensure thorough inspections are completed, which includes looking for things like corrosion or suspension parts.

Drivers are expected to be attentive on the road and to keep an eye out for pedestrians, other drivers and other potential dangers. In the event of a crash, it could be regarded as negligence. The driver must also keep control at all times. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. It is also possible that the car's manufacturer may be found to be liable under the law of product liability in the event that the accident was caused by an issue with the vehicle or the parts that make it up.

Components or Parts that are defective

For a vehicle to function properly, thousands of tiny electrical and mechanical parts must work together. If one of these parts fail, the consequences could be disastrous. These accidents are often caused by manufacturing flaws or other problems with the construction or design specific part. If a car component that is defective is the cause of an accident, the party responsible may be liable for the payment of the crash victims for their injuries.

Many people think that all auto accidents occur due to human error. While 94 percent of car crashes are caused by driver error, there are other factors that can cause a wreck including road conditions, and defective auto parts.

Defective components of a car include brakes, airbags, seatbelts, tires and any other component that may not function as designed and lead to an accident. Sometimes, these defects are the result of aftermarket improvements that weren't made with the same level of care as the original components on vehicles. Other times, the flaw could be in the initial design of a specific component.

Manufacturers are required to design vehicles that meet minimum safety standards. If the vehicle, or any of its parts, was not constructed or designed according to meet these standards, then the manufacturer is liable for any damage resulting from an accident caused by a defective part.

Insurance Coverage

Most states follow the tort liability system which requires drivers to have insurance in case their misconduct or negligence causes injury to others. Liability coverage includes bodily injury liability as well as property damage liability.

The bodily injury coverage covers your medical expenses and the medical expenses of anyone else injured by your vehicle in an accident, up to the limit of your policy. There is typically an amount for each injured person as well as a limit for all property damage. Certain insurance companies offer policies that have higher limits for these types of damages.

Property damage insurance will pay to repair or replace your car if it is damaged in any way other than by an accident. This includes theft, fire, windstorm, and collision with a deer. This insurance may also cover damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, but certain states require it only if the at-fault driver does not have insurance or has inadequate insurance. This coverage will reimburse you or your passengers for your medical and property damages when the driver at fault has no insurance, is underinsured or is involved in a hit-and run crash.