Motor Vehicle Attorneys: What's The Only Thing Nobody Is Talking About
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 most cases are governed by standard common-law concepts of negligence There are a few of particular issues that pertain to this area of practice.
According to New York law, vehicle owners are responsible for any accidents that occur when their vehicles were operating with their express or implied permission. Our legal team deals with these cases as an incidental basis.
Eyewitness Testimony
Eyewitness testimony can be an invaluable addition to other evidence in a motor vehicle case. This type of testimony typically aids in identifying the criminal or provide details about the manner in which the crash occurred. There is a wealth of evidence that shows eyewitness identifications are often inaccurate.
Witnesses, for instance, are more likely to make mistakes in recollecting the hue of an object or its shape. Additionally perceptual distortions like fading memories -- can also distort a witness's memory of an event.
Witness memory can also be impaired if a witness is given leading questions or information. For instance, researchers in one study found that asking participants to estimate how fast the car was going influenced their answers. Other factors that affect the accuracy of eyewitness testimony include age, attention level, skill as well as stress, health conditions and prejudice.
Even though many experts will claim that eyewitness testimony is able to be relied upon, there is a need to sensitize law enforcement agencies and jurors about the possibility of errors in this kind of evidence. In some instances, inaccurate eyewitness testimony is responsible for wrongly convicted people and even murder. In the case of 2018, for instance, 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 those of Royal Clark's.
Vehicle Examining
As a general rule inspections of vehicles are required to be conducted every year. Certain types of vehicles, like those sold privately or those with expired inspection stickers might require regular inspections. In certain circumstances, such as when the New York resident moves and has to change their address, it's mandatory to have the vehicle examined prior to the issuance of 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 as well as the odometer reading and other such details. They then examine the vehicle's interior, beginning with the obvious areas like the mirrors lights, windshields, and horn. There are various checklists that ensure a thorough inspection is completed, which includes inspecting things like rust and suspension parts.
Drivers are expected to be alert on the road and keep an eye out for other drivers, pedestrians and any potential hazards. In the event of a crash, it could be viewed as negligent. The driver must also keep control at all 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 manufacturer could be held liable under product liability laws in the event of an accident caused by an issue with the vehicle or the parts that make it up.
Defective Parts or Components
In order for a vehicle to function correctly, thousands of tiny electrical and mechanical parts must work together. If one of these components malfunctions, the result could be catastrophic. Usually, these incidents result from manufacturing defects or other issues in the design or construction of a specific component. If a defective part of an automobile is the cause of an accident, then the party who caused the accident may be liable for a reimbursement to victims for their injuries.
Many people believe that all auto accidents are caused by human error. While 94 percent of them are caused by driver errors, there are also other factors like road conditions and defective components which can cause accidents.
Defective components of a car include brakes, airbags, seatbelts, tires and any other component which may fail to function according to the specifications and cause an accident. Sometimes, these defects are the result of aftermarket improvements that weren't made with the same care as the original components on the vehicle. Other times, the defect can be found in the original design of a specific part.
Manufacturers are required to create vehicles that meet minimum safety standards. If the vehicle or its components were not constructed or designed according to these standards the manufacturer could be held responsible in a lawsuit for product liability for any injuries that may occur in the event of an accident caused by the defective component.
Insurance Coverage
In many states, drivers are required to carry insurance if their negligent or misconduct can cause harm to others. Liability insurance covers bodily injury as well as property damage liabilities.
Bodily injury liability covers your medical expenses and the medical bills of anyone else injured in a collision caused by your vehicle, up to the policy limits. There is typically an amount for each injured person and a maximum for property damage in all forms. Some insurance companies offer policies with higher limits on the kind of damages.
Property damage coverage will pay to repair or replace your car if it is damaged in any way other than by a collision. motor vehicle accident law firm philadelphia includes fire, theft windstorm, or collisions with deer. It may also cover damage to your car from driving through potholes. This type of insurance is required in New York, among other states.
In many states the uninsured or underinsured driver insurance (UM/UIM) is required in many states. However, some states only require it if the driver at fault is not insured or has no insurance. This insurance covers medical and property damage when the driver at fault does not have insurance or is underinsured.