Don't Be Enticed By These "Trends" Concerning Motor Vehicle Attorneys
What Is a Motor Vehicle Case?
A motor vehicle case is a personal injury lawsuit involving the accident of a motor vehicle. While the majority of cases are governed under common law principles but there are some legal issues that are specific to this particular area.
According to New York law, vehicle owners are accountable for accidents that occur while their vehicles were being operated with their express or implied consent. Our legal team is able to handle these cases on a contingent fee basis.
Eyewitness Testimony
Eyewitness testimony can be a valuable supplement to other evidence in a motor car case. This type of testimony can be used to identify the perpetrators or criminals, or provide information on what caused the accident. There is a wealth of research that suggests eyewitness identifications are often inaccurate.
Witnesses are more likely, for example, to make mistakes when recalling an object's color or shape. Furthermore, perceptual distortions -- like fading memories can also distort a witness's memory of an event.
Moreover, witness memory can be distorted by leading questions or other information offered to witnesses. Researchers discovered 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 testimonies include age levels, attention, skill in coping with stress, health conditions and prejudice.
Even though many experts will affirm that eyewitness testimony can be relied upon but there is a need to educate jurors and law enforcement agencies about the possibility of error in this type of evidence. In some cases, incorrect eyewitness testimony has been responsible for wrongful convictions and even murder. In the case of 2018, for instance the Innocence Project was able to establish that the fingerprints on a cup used by a witness to identify the suspect in a burglary were not the Royal Clark's.
Vehicle Inspection
As a rule inspections of vehicles are required each year. Certain vehicles might need to be checked more often like those that are being sold privately or those that have an expiring inspection sticker. It is also mandatory in certain circumstances, like when a resident of New York moves and needs to change their address, that their vehicle is inspected prior to when the new stickers can be issued.
An inspector will first verify some of the details including the model and make of the car, its registration date and odometer reading, and so on. They then begin to examine the vehicle itself, starting with the most obvious parts like mirrors, lights, windshields and the horn. There are numerous checklists to ensure that thorough inspections are performed, including the detection of things like corrosion or suspension components.
Drivers are expected vigilant on the road and keep an eye out for pedestrians, other drivers, and potential hazards. Inability to do this could be viewed as negligent. It is also the driver's obligation to maintain control of their vehicle at all the time. A vehicle with a defect could cause a loss of control over the vehicle, which could result in serious injuries. A vehicle's manufacturer may also be held liable for the accident if it was caused by an automobile defect or component part.
Parts or Components that are defective
In order to make a vehicle function correctly, thousands of tiny mechanical parts and electrical components must work together. If one of these components fails, the consequences can be catastrophic. Often, these accidents result from manufacturing defects or other issues in the construction or design of a particular component. When a defective car part is the cause of an accident, the person responsible is likely to be responsible for paying the crash victims for their injuries.
Many people believe that all auto accidents happen because of human error. While 94 percent of crashes are caused by driver mistakes There are also other factors such as road conditions and defective components which can cause accidents.
Defective components of a car include brakes, seatbelts and tires, airbags or any other component that can fail to work as designed and lead to an accident. Sometimes, these issues result from aftermarket improvements that weren't made with the same care as the original components on a vehicle. Other times, the flaw is in the design of a specific part.
Manufacturers are required to produce vehicles that meet minimum safety standards. If the vehicle, or one parts of it, was not designed or constructed in accordance with these standards, the maker is liable for any damages resulting from an accident caused by a defective component.
Insurance Coverage
In most states, motorists are required to carry insurance if their negligent or misconduct causes harm to other drivers. Liability insurance covers bodily injury as well as property damage liabilities.
Bodily injury liability is a way to pay for your medical expenses as well as the medical expenses of those injured in a collision caused by your car as long as you meet the limits of your policy. Typically, there is a separate limit per person injured, and a single limit for the total amount of property damage. Certain insurers offer optional policies with greater limits for these types of damages.
Property damage coverage pays to repair or replace your vehicle when it is damaged by an event other than a collision with a vehicle or object, for example windstorm, fire, theft and the impact of a deer. It may also cover damage to your car caused by driving on 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 some states only require it if the driver at fault is not insured or has inadequate insurance or inadequate insurance. motor vehicle accident attorneys santa ana pays for property and medical expenses in the event that the at-fault driver does not have insurance or is not insured.