What Is a Motor Vehicle Case?

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

According to New York law, owners of vehicles are responsible for accidents that happen while their vehicles are being operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be a valuable supplement to other evidence in a motor vehicle accident vehicle case. This type of testimony can be used to identify the perpetrators of crimes or provide details about what caused the accident. There is a wealth of research that shows eyewitness identifications are usually inaccurate.

Witnesses are prone, for example, to make mistakes when trying to recall an object's color or shape. Furthermore, perceptual distortions -- such as fading memories can alter a witness's memory of a specific incident.

Witness memory can also be impaired when witnesses are given crucial questions or details. For instance, researchers in one study found that asking participants to estimate the speed at which the car was travelling influenced their answers. Other factors that affect the accuracy of eyewitness testimony include age and Vimeo attention level, as well as skill, stress, Vimeo health conditions and prejudice.

Although many experts insist on the reliability of eyewitness testimony but it is crucial to educate law enforcement agencies and jury members on the possibility of mistakes. In some cases, eyewitness testimony that was not accurate has led to wrongful convictions, or even murder. For instance, in the year 2018, the Innocence Project was able to establish that the fingerprints on a cup used by witnesses to identify the suspect in a burglary not that of Royal Clark's.

Vehicle Examination

As a rule, vehicle inspections are required each year. Certain vehicles may need to be inspected more frequently for instance, those that are being sold privately or have an expired inspection sticker. In certain circumstances, such as when a New York resident moves and requires a change of address, it is required to have the vehicle inspected prior to issuing new stickers.

An inspector will first confirm some of the details including the model and make of the car and the registration date and odometer reading, and so on. The inspector will then look over the vehicle, starting with the obvious areas such as the windshields and mirrors as well as the lights and horn. There are numerous checklists that ensure a thorough examination is completed, which includes looking for things like rust and suspension parts.

Drivers need to be alert and be aware of other motorists, pedestrians and any potential dangers. In the event of a crash, it could be regarded as negligence. The driver must also keep control at all the time. A vehicle with a defect could cause a loss in control over the vehicle which can cause severe injuries. It is also possible that the car's manufacturer may be found to be liable under the law of product liability when the accident was caused by an issue with the car or the components of it.

Components or Parts that are defective

To function correctly, thousands of tiny electrical and mechanical components must work together. When one of these parts fails, the consequences can be catastrophic. Most often, these accidents are the result of manufacturing defects or other issues in the construction or design of a specific component. If a car part that is defective is the cause of an accident, the party responsible may be liable to compensate the victims of the crash for their injuries.

Many people believe that all auto accidents are caused human error. While 94 percent of them are caused by driver errors, there are also other factors such as road conditions and defective parts that can lead to an accident.

Defective car parts include brakes, seatbelts and tires, airbags or any other part that fails to function as intended and lead to an accident. Sometimes, these problems result from aftermarket enhancements that were not designed with the same level of care as the initial parts on the vehicle. Sometimes, the problem is found in the original design of a piece.

Manufacturers are required to produce vehicles that meet minimum safety standards. If a vehicle or its parts were not designed or built according to these standards the manufacturer could 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

In the majority of states, drivers are required to carry insurance if their recklessness or conduct causes harm to others. Liability insurance covers bodily injuries and property damage liability.

The bodily injury liability covers your medical expenses and those of others who are injured by your vehicle in an accident, up to the policy limit. There is usually an amount for each injured person and a maximum for all property damage. Some insurance companies offer policies with higher limits for these types of damages.

Insurance for property damage will pay to repair or replace your vehicle should it be damaged in any way other than collision. This includes theft, fire windstorm, or collision with a deer. This coverage may also be used to cover damage caused by driving through potholes. This kind of insurance is required in New York, among other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, however certain states require it only if the driver at fault is not insured or has inadequate insurance or has inadequate insurance. This coverage will reimburse you or your passengers for loss of property and medical expenses if the at-fault driver does not have insurance, is uninsured, or is involved in a hit-and run crash.