What Is a Motor Vehicle Case?

A wayne motor vehicle accident attorney vehicle case is any personal injury lawsuit that is based on the motor vehicle involved in an accident. While the majority of cases are subject to common law concepts, there are some issues which are unique to this specific area.

Under New York law, owners of vehicles are accountable for accidents that occur when their vehicles are operated with their consent, whether express or implied. Our legal team handles these cases as an contingency basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence in relation to katy motor vehicle accident law firm vehicle accidents. This kind of evidence can be used to identify the perpetrators or criminals, or provide information on the circumstances of the accident. There is a large body of research that suggests that eyewitness accounts are often not accurate.

Witnesses, for instance, are more likely to make mistakes in recollecting the color of an object or its shape. Perceptual distortions, for example, faded memories can cause a witness to misremember the specific moment.

Moreover, witness memory can be altered by leading questions or other information provided to witnesses. Researchers found that in one experiment in which participants were asked to estimate the speed of a car affected their responses. Other factors that impact the accuracy of eyewitness testimony include age and attention level, as well as skill, stress, health conditions and prejudice.

Although many experts affirm that eyewitness testimony can be trusted however, it is important to educate law enforcement agencies and jurors about the potential for error in this type of evidence. In some instances eyewitness testimony that was incorrect has led to wrong convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints found on a coffee cup that a witness had used to identify a suspect in a burglary not the signatures of Royal Clark's.

Vehicle Inspection

In general inspections for vehicles are required every year. Some vehicles, such as private-sale vehicles or those that have expired inspection stickers might require more frequent inspections. In certain instances, such as when an New York resident moves and has to change their address, it's required that the vehicle is checked prior to the issue of new stickers.

When an inspector conducts an inspection, they begin by checking some of the details like the car's model and make and registration date and the odometer's reading, and others. They then look over the vehicle, starting with the most obvious parts like the mirrors, windshields, lights, and horn. There are a variety of checklists to ensure that a thorough inspection has taken place, including looking for things like rust and suspension components.

Drivers must be aware and alert for pedestrians, motorists, and any potential dangers. Inattention to this can be considered negligence. It is also the driver's responsibility to keep control of their vehicle at all times. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. The manufacturer of a vehicle may be held liable for the accident in the event of an auto defect or a component part.

Components or parts that are defective

To ensure that a vehicle functions properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these components fails, the consequences can be catastrophic. These incidents are typically caused by manufacturing flaws or other problems related to the design or construction an element. If a component that is defective in an automobile is the cause of an accident, then the party responsible for the accident may be responsible for compensating victims for their injuries.

Many people think that all auto accidents occur due to human error. While 94 percent are caused by driver errors however, there are other factors like road conditions and defective components 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. Sometimes, these issues result from aftermarket enhancements that weren't made with the same level of attention to detail as the original parts on the vehicle. Sometimes, the flaw can be found in the original design of a part.

Manufacturers are required to design vehicles that meet minimum safety standards. If a vehicle, or even one of its components, was not designed or built to meet these standards, the manufacturer could be held accountable for any damages that result from an accident caused by a defect in the part.

Insurance Coverage

In the majority of states, drivers are required to carry insurance if their negligent or misconduct results in harm to others. Liability insurance covers bodily injuries and property damage liability.

The bodily injury coverage covers your medical expenses as well as those of other people injured by your vehicle in an accident in excess of the policy limit. Typically, there is an additional limit for each person injured and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits for the kind of damages.

Insurance for property damage will pay to repair or replace your car if it is damaged in any other way than an accident. This includes theft, fire or windstorm, as well as the impact of a deer. This insurance may also cover damage that is caused by driving over potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, although some states only require it if the at-fault driver does not have insurance or insufficient insurance. This coverage reimburses your property and medical damages in the event that the driver at fault does not have insurance or is underinsured.