10 Myths Your Boss Is Spreading Regarding Motor Vehicle Attorneys

What Is a Motor Vehicle Case?

A motor vehicle accident attorneys vehicle case is a personal injury lawsuit that is based on the accident of a motor vehicle. While most cases are governed by common law concepts of negligence, there are a number of particular issues that pertain to this practice.

According to New York law, owners of vehicles are liable for accidents that occur when their vehicles are operated with their consent, whether express or implied. Our legal team tackles these cases on an incidental basis.

Eyewitness Testimony

Eyewitness testimony can be an excellent addition to other evidence in a motor vehicle accident lawsuit vehicle case. This type of testimony often helps identify the person who committed the crime or provide details on the circumstances of the crash. However there is a large amount of evidence that suggests eyewitness accounts can be extremely inaccurate.

Witnesses are susceptible to make errors when attempting to recall an object's colour or shape. Additionally perceptual distortions like fading memories -- can alter a witness's recall of a specific incident.

Furthermore, memory of witnesses can be distorted by leading questions or other information provided to a witness. For motor Vehicle accident Attorneys instance, researchers in an experiment found that telling participants to estimate how fast the car was travelling affected their responses. Other factors that affect the credibility of eyewitness testimony include age, attention, skill, stress level as well as health conditions, prejudices, previous experience, cognitive state, confidence or degree of certainty, suggestive questioning, biased lineups and racial or individual bias.

Even though many experts will claim that eyewitness testimony is able to be trusted there is a need to educate law enforcement agencies and jurors about the possibility of error in this type of evidence. In some cases, incorrect eyewitness testimony has been the cause for 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 an eyewitness to identify the suspect in a burglary were not Royal Clark's.

Vehicle Examination

As a general rule inspections of vehicles are required to be performed every year. Certain types of vehicles, like private-label vehicles or those that have expired inspection stickers might require regular inspections. In certain circumstances, such as when a New York resident moves and needs to update their address, it is mandatory that the vehicle is examined prior to the issuance of new stickers.

When an inspector conducts an inspection, they begin by confirming a few details such as the car's model and make as well as the date of registration and odometer reading and others. The inspector will then inspect the vehicle, beginning with the obvious parts like the windshields and mirrors, the lights and the horn. There are several checklists to assure that a thorough inspection of the vehicle has been completed, including inspecting things such as rust and suspension components.

Drivers are expected to be vigilant on the road and keep an eye out for pedestrians, other drivers and other potential hazards. Inability to do this could be considered negligence. It is also a driver's responsibility to ensure that they are in control of their vehicle at all the time. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the vehicle's manufacturer may be found to be liable under the laws of product liability when the accident was caused by a defect in the vehicle or the parts that make it up.

Parts or Components that are Defective

To make a car function properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these components fails, the results can be catastrophic. Most often, these accidents result from manufacturing defects or other problems in the design or construction of a specific part. If a defective part of a vehicle is at the root of an accident, then the party responsible for the accident may be liable to compensate victims for their injuries.

Many people believe that all auto accidents are caused human error. While the majority of car accidents result from driver error but there are other causes that can cause a wreck like road conditions and deficient auto parts.

Defective auto parts include brakes, airbags, seats and tires or any other component that may not function as designed, leading to an accident. Sometimes, these flaws result from aftermarket enhancements that weren't designed with the same level of care as the original parts on a vehicle. Other times, the defect could be in the original design of a specific component.

Manufacturers are required to design 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 accountable in a lawsuit for product liability for any damages that occur in the event of an accident that was caused by the defective component.

Insurance Coverage

Most states follow an insurance system called tort liability that requires drivers to have insurance in the event that their actions or negligence causes injury to another. Liability insurance covers bodily injury liability as well as property damage liability.

The bodily injury liability covers your medical expenses and those of others injured by your vehicle in an accident in excess of the limit of your policy. There is usually an amount for each injured person and a maximum for property damage in all forms. Certain insurers offer policies with higher limits on these kinds of damages.

Property damage insurance will repair or replace your vehicle when it is damaged by something other than a collision with a vehicle or object, motor vehicle accident attorneys like windstorm, fire, theft and the impact of a deer. It can also cover damage that is caused by driving through potholes. This type of insurance is required in New York, among other states.

In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, certain states only require it when the driver at fault has no insurance. The coverage pays for property and medical damages in the event that the at-fault driver does not have insurance or is uninsured.