What Is a Motor Vehicle Case?

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

According to New York law, owners of vehicles are responsible for any accidents that occur when their vehicles are being operated with their permission, whether explicit or implied. Our legal team is dedicated to handling these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can be an excellent addition to other evidence in a kirkwood motor vehicle accident attorney vehicle accident. This type of testimony typically helps identify the criminal or provide specifics about how the crash took place. However, there is a wide research that indicates that eyewitness identifications can be highly inaccurate.

Witnesses are prone to make errors when recollecting an object's color or shape. In addition, perceptual distortions -- such as fading memories can alter a witness's memory of an event.

Moreover, witness memory can be altered by leading questions or other information given to a witness. Researchers found that in one experiment asking participants to estimate the speed of a car affected their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention, skill, stress level as well as health conditions, prejudices, previous experiences, cognitive state the degree of certainty or confidence and suggestive questions, biased lineups and racial or individual bias.

While many experts will insist on the reliability of eyewitness testimony, it's important to educate law enforcement agencies and jury members on the possibility of errors. In some cases, eyewitness testimony that was inaccurate has led to wrong convictions, or even murder. In 2018, the Innocence Project proved that the fingerprints on a cup which a witness used to identify the suspect in a burglary not the signatures of Royal Clark's.

Vehicle Inspection

In general inspections for vehicles are required every year. Certain types of vehicles, like those sold privately or those with expired inspection stickers might require regular inspections. It is also mandatory for certain situations, like when residents of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers can be issued.

An inspector will first confirm some of the details, such as the model and make of the car as well as the date of registration and odometer reading, and so on. The inspectors then start to look at the vehicle, starting with the most obvious areas such as the mirrors, lighting, windshields, and horn. There are numerous checklists that ensure a thorough inspection has been conducted, which includes looking for things like rust and suspension parts.

Drivers must be alert and alert for other motorists, pedestrians and other potential dangers. Failure to do so could be viewed as negligence. It is also the driver's responsibility to ensure that they are in control of their vehicle at all time. A vehicle with a defect could result in a loss of control over the vehicle, which could result in serious injuries. It is also possible that the manufacturer of the vehicle may be found to be liable under the law on product liability in the event that the accident was caused by an issue with the vehicle or the parts that make it up.

Defective Parts or Components

For a vehicle's operation to run properly, thousands of tiny electrical and mechanical parts must work together. When one of these parts fail, the consequences could be disastrous. These accidents are typically due to manufacturing errors or other problems with the design or construction specific part. If a defective part of a car is the cause of an accident, then the person responsible for the accident could be liable for a reimbursement to victims for their injuries.

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

Defective car parts include brakes seats, airbags, tires or any other component which may fail to function in the way it was designed and result in an accident. These issues could result from parts from the aftermarket that were not made with the same care as the original parts on a car. Sometimes, the defect is in the original design of a part.

Manufacturers are required to design vehicles that meet minimum safety standards. If the vehicle or its components were not constructed or designed to these specifications the manufacturer could be held responsible in a lawsuit for product liability for any injuries that may occur in the event of an accident caused by the defective part.

Insurance Coverage

In most states, drivers are required to have insurance if their negligent or misconduct can cause harm to others. Liability insurance covers bodily injury liability as well as property damage liability.

Bodily Injury liability covers your medical bills as well as the medical costs of others injured in a collision caused by your vehicle as long as you meet the limits set by the policy. There is typically a limit per injured person and a limit for property damage in all forms. Some insurance companies offer policies with higher limits on these types of damages.

Property damage insurance will repair or replace your vehicle if it is damaged by an event other than a collision with another vehicle or object, for example theft, fire, windstorm and the impact of deer. It can also cover damage that is caused by driving through potholes. This type of insurance is mandatory in New York, Kirkwood Motor Vehicle Accident Attorney among other states.

In many states, uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, certain states only require it if the driver at fault is not insured or has no insurance. This coverage will reimburse you or your passengers for medical and property losses when the driver at fault has no insurance, is underinsured or involved in a hit-and-run accident.