What Is a Motor Vehicle Case?

A harriman motor vehicle accident law firm vehicle case refers to any personal injury lawsuit that involves an accident in a motor vehicle. Although the majority of cases are governed by the standard common-law notions of negligence but there are a range of specific issues that are unique to this practice area.

Under New York law, owners of vehicles are responsible for any accidents that occur when their vehicles are operated with their permission, whether explicit or implied. Our legal team handles these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony is an excellent supplement to other evidence when it comes to motor vehicle related cases. This kind of evidence can be used to identify the perpetrators or criminals, or provide information on what caused the accident. However there is a huge research that indicates that eyewitness identifications can be highly incorrect.

Witnesses are more likely, for example, to make errors when recalling an object's color or shape. Furthermore, perceptual distortions -- such as fading memories can also distort a witness's memories of a particular incident.

Moreover, witness memory can be affected by the direction of questions or other information provided to a witness. Researchers discovered that in one study, telling participants to estimate the speed of a car had an impact on their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention, capability, stress level, health conditions, prejudices, previous experiences, cognitive state the degree of certainty or confidence, suggestive questioning, biased lineups and racial or personal bias.

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

Vehicle Examination

In general, vehicle inspections are required every year. Certain vehicles, like those sold privately or those with inspection stickers that are expired, might require more frequent inspections. It is also mandatory in certain circumstances, like when residents of New York moves and needs to change their address, that the vehicle be inspected prior to the new stickers can be issued.

The inspector will verify some of the details including the model and make of the vehicle and its registration date and odometer read, and so on. The inspector will then look over the vehicle, beginning with the obvious areas, such as the windshields and mirrors as well as the lights and horn. There are several checklists to ensure that thorough inspections are done, including looking for things like suspension components or rust.

Drivers must be vigilant and be aware of pedestrians, other motorists and potential dangers. Failure to do so could be viewed as negligent. It is also a driver's responsibility to ensure that they are in control of their vehicle at all at all times. A vehicle that is not in good condition can cause a loss in control over the vehicle, which can cause severe injuries. It is also possible that the manufacturer may be found to be liable under product liability laws if the accident was caused by an issue with the car or the components of it.

Parts or Components that are defective

For a vehicle to function correctly, thousands of tiny mechanical and electrical components must work together. When one of these parts is damaged, the result can be devastating. These incidents are typically caused by manufacturing flaws or other issues related to the design or Vimeo.Com construction a certain part. If a defective part of a car is the cause of an accident, then the party accountable for the incident could be liable for compensating the victims for their injuries.

Many people believe that all auto accidents occur because of human error. While nearly 94 percent of car accidents are caused by driver error, there are other factors that can cause a crash including road conditions, and defective auto parts.

Defective car parts include brakes, airbags, seatbelts, tires, or any other component that fails to function as intended and lead to an accident. These defects could result from parts sold by the aftermarket that weren't constructed as well as the original components on a car. Sometimes, the problem may be present in the design of a specific component.

Manufacturers are required to create cars 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 due to an accident caused by the defective component.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or misconduct causes harm to others. Liability insurance covers bodily injury and property damage liability.

Bodily injury liability covers your medical expenses as well as the medical bills of anyone else injured in a crash caused by your car, up to the limits of your policy. Typically there is an individual limit for each person injured, and a single limit for the total amount of property damage. Some insurance companies offer policies with higher limits on the kind of damages.

Property damage coverage will pay to repair or replace your vehicle if it is damaged in any other way than collision. This includes fire, theft, windstorm, and the impact of a deer. It can also cover damage to your car 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, however certain states require it only if the driver at fault has no insurance or has inadequate insurance. The coverage pays you or your passengers for your medical and property losses when the at-fault driver is not insured, has no insurance, is not insured or involved in a hit-and-run accident.