Motor Vehicle Attorneys: What's The Only Thing Nobody Is Talking About

What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves an accident in a motor vehicle. Although most cases are governed by standard common-law concepts of negligence There are a few of specific issues that are unique to this practice.

According to New York law, owners of vehicles are liable for any accidents that occur when their vehicles are operating with their consent, whether express or implied. Our legal team is dedicated to handling these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be a useful supplement to other evidence when it comes to motor vehicle accidents. This type of testimony can be used to identify the perpetrators of crimes and provide information about how the incident occurred. However, there is a wide research that indicates that eyewitness accounts can be extremely inaccurate.

Witnesses are likely to make a mistake when attempting to recall an object's colour or shape. Additionally, perceptual distortions -- such as fading memories can also distort a witness's recall of a specific incident.

Additionally, the memory of witnesses can be altered by leading questions or other information that is provided to witnesses. Researchers discovered that in one experiment where participants were instructed to estimate the speed of a car influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention capability, stress level, health conditions, prejudice, prior experiences, cognitive state, confidence or degree of certainty in the form of suggestion, bias lineups and personal or racial bias.

Even though  motor vehicle accident lawyer san jose  will say that eyewitness evidence can be trusted, there is a need to sensitize jurors and law enforcement agencies about the possibility of error in this kind of evidence. In certain cases, incorrect eyewitness testimony has been responsible for wrongly convicted people and even murder. For instance, in 2018 the Innocence Project was able to show that the fingerprints of the cup used by witnesses to identify a suspect in a burglary not that of Royal Clark's.

Vehicle Inspection

As a general rule inspections of vehicles must be conducted every year. Some vehicles, such as those sold privately or those with expired inspection stickers might require regular inspections. It is also mandatory in certain situations, for instance when a resident of New York moves and needs to change their address, it is required that the vehicle be inspected prior to the new stickers are issued.

When an inspector conducts an inspection they begin by confirming certain details such as the car's make and model and registration date, its odometer reading, and the list goes on. The inspector will then examine the vehicle, beginning with the obvious areas such as the mirrors and windshields as well as the lights and horn. There are many checklists to ensure an accurate inspection is completed, which includes checking for things such as corrosion or suspension components.

Drivers are expected to remain alert on the road and keep an eye out for other drivers, pedestrians, and potential hazards. Inability to do this could be regarded as negligence. It is also a driver's responsibility to keep control of their vehicle at all times. A vehicle that is not in good condition can cause a loss in control over the vehicle, which could cause serious injuries. It is also possible that the manufacturer of the vehicle could be found liable under product liability laws when the accident was caused by a defect in the car or the parts that make it up.

Parts or Components that are Defective

To function correctly, thousands of tiny electrical and mechanical parts must function. If one of these parts fail, the consequences could be devastating. Most of the time, these accidents result from manufacturing defects or other issues in the design or construction of a particular component. If a component that is defective in a vehicle is the reason of an accident, then the party who caused the accident may be responsible for compensating victims for injuries.

Many people believe that the majority of accidents involving cars are caused by human error. While nearly 94 percent of car accidents are caused by driver error, there are other factors which can cause a crash including road conditions, and defective auto parts.

Defective auto parts include brakes, airbags, seatbelts and tires or any other device that can fail to perform as intended, resulting to an accident. These defects can result from parts sold by the aftermarket that weren't constructed as well as the original parts on a car. Sometimes, the issue may be present in the original design of a particular part.

The manufacturers are required to create cars that meet minimum safety standards. If a vehicle, or even one of its components, was not designed or built to these specifications the manufacturer may be held liable for any damages that result from an accident caused by a defect in the part.

Insurance Coverage

In the majority of states, drivers are required to have insurance if their negligent or misconduct can cause harm to others. Liability coverage includes bodily injury liability and property damage liability.

Bodily injury liability covers your medical expenses and the medical bills of anyone else injured in a crash caused by your vehicle, up to the limits of your insurance policy. Typically there is a separate limit for each victim and a single limit for the total amount of property damage. Some insurers offer policies that have higher limits on these types of damages.

Property damage insurance will pay to repair or replace your vehicle when it is damaged any way other than an accident. This includes theft, fire windstorm, or collision with a deer. This coverage may also cover damage caused by driving through potholes. This type of coverage is required in New York and some other states.

Uninsured and underinsured motorist coverage (UM/UIM) is required in a number of states, although some require it only if the driver at fault has no insurance or has inadequate insurance. This coverage reimburses your medical and property damages in the event that the at-fault driver has no insurance or is uninsured.