Motor Vehicle Attorneys Explained In Less Than 140 Characters

What Is a Motor Vehicle Case? A motor vehicle case refers to any personal injury lawsuit that involves an accident involving a motor vehicle. While the majority of cases are governed by common law concepts but there are some legal issues which are unique to this particular area. According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were operated with their explicit or implied permission. Our legal team is dedicated to handling these cases on a contingency fee basis. Eyewitness Testimony Eyewitness testimony can provide an important addition to other evidence in a motor vehicle case. This kind of evidence can be used to identify the perpetrators of crimes or provide information about what caused the accident. There is a huge body of research that indicates eyewitness identifications are often inaccurate. Witnesses are more likely to make mistakes when recollecting an object's color or shape. Perceptual distortions, like fading memories, can also cause a person to miss a specific incident. In addition, the memory of witnesses may be affected by the direction of questions or other information provided to witnesses. Researchers found that in one experiment, telling participants to estimate the speed of a vehicle influenced their responses. Other factors that affect the accuracy of eyewitness testimony include age, attention capability, stress level as well as health conditions, prejudice, prior experience, cognitive state, confidence or degree of certainty as well as a suggestion of questioning, biased lineups and personal or racial bias. Even though many experts will insist that eyewitness testimony can be trusted however, it is important to educate jurors and law enforcement agencies about the possibility of error in this type of evidence. In some instances eyewitness testimony that is not correct has led to incorrect convictions, or 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 were not those of Royal Clark's. Vehicle Inspection As a rule inspections for vehicles are required every year. Some vehicles may need to be examined more frequently for instance, those that are sold through private sales or those that have an expired inspection sticker. In certain situations, for instance, when a New York resident moves and must update their address, it is required to have the vehicle checked prior to the issue of new stickers. A forensic examiner will first verify a few specifics including the make and model of the vehicle and its registration date and odometer reading, and so on. The inspectors then start to look at the vehicle's interior, beginning with the most obvious parts like mirrors, lights, windshields, and horn. There are several checklists to make sure that an accurate inspection is done, including checking for things such as corrosion or suspension parts. Drivers must be alert and be aware of pedestrians, motorists, and potential hazards. Failure to do so can be considered a breach of the law. The driver must also keep control at all times. A vehicle with a defect could cause the vehicle to lose control, 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 when the accident was caused by an issue with the vehicle or the components of it. Defective Components or Parts In order for a vehicle to function effectively, thousands of tiny electrical and mechanical parts must work together. If one of these components fails, the consequences can be devastating. These accidents are often caused by manufacturing defects or other issues with the construction or design an element. If a component that is defective in a vehicle is at the root of an accident, then the person responsible for the accident may be liable for compensating the victims for their injuries. Many people believe that all auto accidents happen due to human error. While 94 percent are caused by driver error There are also other factors like road conditions and defective parts that could cause an accident. Defective car parts include brakes, airbags, seatbelts, tires or any other part which may fail to function according to the specifications and cause an accident. Sometimes, these defects are caused by aftermarket improvements that weren't designed with the same care as the original parts on a vehicle. Sometimes, the issue is in the original design of the part. The manufacturers are required to create cars that meet minimum safety standards. If the vehicle or its components weren't designed or constructed according to these standards the manufacturer could be held responsible in a product liability lawsuit for any damages that occur in the event of an accident that was caused by the defective component. Insurance Coverage The majority of states operate under a tort liability system that requires drivers to carry insurance in case their misconduct or negligence causes injury to another. motor vehicle accident lawyer portsmouth includes bodily injuries and property damage liability. Bodily injury liability is a way to pay for your medical bills and the medical bills of others injured in a crash caused by your car as long as you meet the limits of your policy. There is typically a limit per injured person and a limit for property damage in all forms. Some insurance companies offer optional policies that have higher limits for these types of damages. Insurance for property damage will pay to repair or replace your car when it is damaged any other way than an accident. This includes theft, fire storm, windstorm, or even impact from a deer. It can also be used to cover damage to your car caused by driving on potholes. This type of insurance is mandatory in New York and some other states. In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is required. However, certain states only require it if the driver at fault is not insured or has no insurance. This insurance covers you or your passengers for medical and property losses when the at-fault driver does not have insurance, is underinsured or involved in a hit and run accident.