10 Simple Ways To Figure Out Your Motor Vehicle Attorneys
What Is a Motor Vehicle Case?
A motor vehicle case refers to any personal injury lawsuit involving the motor vehicle involved in an accident. Although the majority of cases are governed by common law concepts of negligence, there are a number of particular issues that pertain to this practice area.
According to New York law, vehicle owners are accountable for accidents that occur when their vehicles were being operated with their express or implied consent. Our legal team is able to handle these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony is an excellent supplement to other evidence when it comes to motor vehicle accidents. This type of testimony often aids in identifying the person who committed the crime or provide details about how the crash took place. There is a vast body of evidence that shows eyewitness identifications are often inaccurate.
Witnesses are susceptible, for example, to make errors when recalling an object's color or shape. Perceptual distortions, for example, faded memories, may cause a person to miss a specific moment.
Witness memory can also be altered 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 had an impact on their responses. Other factors that impact the accuracy of eyewitness testimony include age levels, attention, skill in coping with stress, health conditions and prejudice.
Although many experts affirm that eyewitness testimony can be relied upon but there is a need to educate jurors and law enforcement agencies about the potential for error in this type of evidence. In some instances, inaccurate eyewitness testimony is responsible for wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints that were found on a cup that a witness used to identify the suspect in a burglary, not the Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required every year. Some vehicles, such as private-label vehicles or those that have expired inspection stickers might require regular inspections. In certain situations, for instance, when the New York resident moves and must update 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 certain details such as the car's model and make, its registration date and the odometer's reading, and other such details. The inspectors then start to look at the vehicle, starting with the most obvious parts like the mirrors the windshields, the lights and the horn. There are numerous checklists that will ensure that an exhaustive inspection is carried out, including looking for things like rust or suspension parts.
Drivers are expected alert on the road and to keep an eye out for other drivers, pedestrians, and potential hazards. In the event of a crash, it could be considered negligence. A driver must also be in control at all the time. A vehicle that is not in good condition can result in a loss of control of the vehicle 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 automobile defect or part.
Components or Parts that are defective
For a vehicle's operation to run effectively, thousands of tiny mechanical and electrical components must work in harmony. If one of these parts fails, the results can be catastrophic. These incidents are typically the result of manufacturing faults or other issues in the design or construction of an element. If a malfunctioning part of a car is the cause of an accident, the party accountable for the incident could be liable for a reimbursement to victims for injuries.
Many people believe that all auto accidents happen due to human error. While 94 percent of crashes are caused by driver errors but there are other factors such as road conditions and defective parts which can cause accidents.
Defective auto parts include brakes and airbags, seatbelts and tires or any other device that could fail to perform as intended, resulting to an accident. Sometimes, these defects are the result of aftermarket improvements that weren't designed with the same care as the original parts on the vehicle. Other times, the defect may be present in the design of a particular part.
Manufacturers are required to design vehicles that meet the minimum safety standards. If the vehicle, or any of its components, was not designed or built to meet these standards, then the manufacturer could be held responsible for any damages resulting from an accident caused by a defective part.
Insurance Coverage
The majority of states operate under an insurance system called tort liability that requires drivers to have insurance in case their misconduct or negligence causes injury to others. Liability coverage includes bodily injury liability and property damage liability.
The bodily injury liability covers your medical costs and those of others who are injured by your vehicle in an accident in excess of the policy limit. There is typically an amount for each injured person and a maximum for property damage in all forms. Certain insurers offer optional policies that have greater limits for these types of damages.
Insurance for property damage will pay to repair or replace your car should it be damaged in any way other than collision. This includes fire, theft storm, windstorm, or even collisions with deer. It may also protect your vehicle from damage caused by driving on 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 required in many states. However, motor vehicle accident law firm irving require it if the driver at fault has no insurance. The coverage pays you or your passengers for medical and property damages when the at-fault driver does not have insurance, is not insured or involved in a hit-and-run accident.