10 Things Everybody Hates About Motor Vehicle Attorneys Motor Vehicle Attorneys

What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that is based on an accident in a motor vehicle. While the majority of cases are guided by the common law principles of negligence, there are a number of issues specific to this particular practice area.

According to New York law, owners of vehicles are liable for any accidents that occur when their vehicles are operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingent fee basis.

Eyewitness Testimony

Eyewitness testimony is a powerful supplement to other evidence when it comes to motor vehicle accidents. This type of testimony can be used to identify the perpetrators or criminals, or provide details on what caused the accident. However there is a vast collection of studies that show eyewitness accounts can be extremely inaccurate.

Witnesses are likely to make a mistake when recalling an object's color or shape. Perceptual distortions, such as faded memories can cause a person to forget the specific event.

Witness memory can also be impaired if a witness is given important questions or information. For example, researchers in one experiment found that telling participants to estimate how fast a car was traveling affected their responses. Other factors that impact the accuracy of eyewitness testimony include age ability, attention level and stress, health issues and prejudice.

While many experts will insist on the credibility of eyewitness testimony but it is important to educate law enforcement agencies and jury members on the possibility of error. In some instances, eyewitness testimony that was incorrect has led to incorrect 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 those of Royal Clark's.

Vehicle Examination

In general inspections of vehicles must be conducted annually. Certain types of vehicles, like those that are privately owned or that have expired inspection stickers might require periodic inspections. In certain circumstances, such as when a New York resident moves and needs to update their address, it's required to have the vehicle inspected prior to issuing new stickers.

A forensic examiner will first verify a few details, such as the model and make of the car and the registration date and odometer read, and so on. The inspector then will inspect the vehicle, beginning with the obvious areas like the mirrors and windshields as well as the lights and horn. There are several checklists to make sure that an exhaustive inspection is performed, including the detection of things like corrosion or suspension parts.

Drivers must be aware and watch out for pedestrians, other motorists and potential hazards. Failure to do so could be considered negligent. It is also a driver's responsibility to keep control of their vehicle at all times. A vehicle that is not in good condition can lead to a loss of control of the vehicle which can cause severe injuries. It is also possible that the vehicle's manufacturer could be held accountable under the law of product liability if the accident was caused by a defect in the car or its component parts.

Defective Parts or Components

To function correctly, thousands of tiny electrical and mechanical parts must function. If one of these components is damaged, the result can be devastating. These accidents are typically caused by manufacturing defects or other problems in the design or construction of a certain part. When a malfunctioning car part is the reason for an accident, the party responsible may be liable to compensate the crash victims for their injuries.

Many people believe that all car accidents are caused by human error. While 94 percent of crashes are caused by driver errors but there are other factors, such as road conditions or defective parts that can cause an accident.

Defective auto parts include brakes and airbags, seatbelts and tires or any other component that can fail to perform as intended, resulting to an accident. These defects can be caused by parts sold by the aftermarket that weren't constructed as well as the original components on a vehicle. Sometimes,  motor vehicle accident lawsuit knoxville  is present in the original design of a component.

The manufacturers are required to create vehicles that meet minimum safety standards. If a vehicle or its parts were not constructed or designed according to these standards, the manufacturer may be held liable 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

The majority of states have an insurance system called tort liability that requires drivers to have insurance in the event that their conduct or negligence causes injury to another. Liability coverage includes bodily injuries and property damage liability.

The bodily injury liability covers your medical costs as well as those of other people injured by your car in an accident, up to the policy limit. Typically there is an individual limit for each victim 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 insurance will pay to repair or replace your car when it is damaged in any way other than collision. This includes fire, theft, windstorm, and collisions with deer. It may also cover damage to your car from driving over potholes. This kind of insurance is required in New York, among other states.

In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, some states require it only when the driver at fault has no insurance. This insurance covers medical and property damages if the at-fault motorist has no insurance or is underinsured.