What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit that is based on an accident involving a motor vehicle. While the majority of cases are subject to common law principles but there are some legal issues that are unique to this area.
According to New York law, owners of vehicles are responsible for accidents that happen while their vehicles are operating with their permission, express or implied. Our dedicated legal team handles these cases on a contingency fee basis.
Eyewitness Testimony
Eyewitness testimony can be a useful addition to other evidence in relation to leeds motor vehicle accident law firm vehicle related cases. This type of testimony typically assists in identifying the criminal or provide information about how the crash took place. There is a huge body of research that indicates eyewitness testimony is often not reliable.
Witnesses, for instance, are more likely to make mistakes when they try to recall the color of an object or its shape. Perceptual distortions like memory loss, may cause a person to forget the specific moment.
Witness memory can also be distorted when a witness receives leading questions or information. Researchers found that in one study where participants were instructed to estimate the speed of a car influenced their responses. Other factors that influence the accuracy of eyewitness accounts include age levels, attention, skill in coping with stress, health conditions and prejudice.
While many experts insist on the reliability of eyewitness testimony but it is important to educate law enforcement agencies and jury members about the possibility of errors. In certain cases, incorrect eyewitness testimony has been the cause for wrongful convictions and even murder. For instance, in 2018 the Innocence Project was able to establish that the fingerprints on the cup used by witnesses to identify a suspect in a burglary not the Royal Clark’s.
Vehicle Inspection
As a general rule, vehicle inspections must be conducted every year. Certain vehicles might need to be regularly inspected, such as those sold through private sales or with an expiring inspection sticker. It is also a requirement in certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle is inspected prior to when the new stickers can be issued.
The inspector will verify some of the details like the make and model of the car as well as the date of registration and odometer read, and so on. The inspector then will inspect the vehicle, beginning with the obvious areas such as the windshields and mirrors as well as the lights and horn. There are a variety of checklists to ensure that a thorough inspection has taken place, including checking on things such as rust and suspension components.
Drivers need to be alert and watch out for pedestrians, motorists, and potential hazards. Inattention to this can be considered a breach of the law. It is also the driver’s duty to maintain control of their vehicle at all time. A vehicle that is not in good condition could cause the vehicle to lose control, which could result in serious injuries. The manufacturer of the vehicle could also be held accountable for the accident if it was caused by an auto defect or component part.
Defective Components or Parts
To ensure that a vehicle functions effectively, thousands and millions of tiny mechanical components and electrical components have to work together. If one of these components fail, the consequences could be devastating. Most of the time, these accidents are caused by manufacturing defects or other problems in the construction or design of a specific part. If a car part that is defective is the cause of an accident, the person responsible may be liable to compensate the victims of the crash for their injuries.
Many people think that all auto accidents occur due to human error. While 94 % of car crashes are caused by driver errors however, there are other elements that can cause a crash like road conditions and deficient auto parts.
Defective car parts include brakes tires, seatbelts, airbags or any other component which may fail to function in the way it was designed and result in an accident. Sometimes, these problems are caused by aftermarket upgrades that were not designed with the same care as the initial parts on vehicles. Sometimes, the flaw is present in the original design of a part.
Manufacturers are required to produce cars that meet minimum safety standards. If a vehicle, or even one of its components, were not designed or constructed to meet these standards, then the manufacturer could be held accountable for any damages that result from an accident caused by a defective part.
Insurance Coverage
Most states use a tort liability system that requires drivers to have insurance in the event their actions or negligence causes injury to another. Liability coverage includes bodily injury liability and property damage liability.
Bodily Injury liability covers your medical expenses as well as the medical expenses of those injured in a crash caused by your car up to the limits set by the policy. Typically, there is an additional limit for each person injured and a unified limit for the total amount of property damage. Certain insurers offer policies with higher limits on these kinds of damages.
Property damage coverage will pay to repair or replace your vehicle when it is damaged any other way than collision. This includes fire, theft storm, windstorm, or even collisions with deer. It can also cover damage to your car caused by driving on potholes. This type of insurance is mandatory in New York, among other states.
In many states in many states, uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, some states only require it if the driver at fault has no insurance. This coverage will reimburse you or your passengers for your loss of property and medical expenses if the driver at fault has no insurance, is underinsured or in a hit-and-run crash.
