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What Is a motor vehicle accident Vehicle Case?
A motor vehicle accident vehicle case is a personal injury lawsuit that is based on an accident in a motor vehicle. While the majority of cases are governed under common law, there are some issues which are unique to this field.
According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were operating with their explicit or implied consent. Our legal team handles these cases as an contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle Accident attorney car case. This type of testimony often helps to identify the perpetrator of a crime or provide details on the manner in which the crash occurred. However, there is a wide amount of evidence that suggests eyewitness testimony can be wildly in error.
Witnesses are susceptible to make mistakes when recollecting an object's color or shape. Perceptual distortions, for example, fading memories, can also cause a person to forget the exact incident.
Furthermore, memory of witnesses can be distorted by leading questions or other information given to witnesses. Researchers found that in one study asking participants to estimate the speed of a car affected their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention skill, stress level and health issues, prejudice, previous experience, cognitive state, confidence or level of certainty in the form of suggestion, bias lineups and racial or personal bias.
While many experts say that eyewitness evidence can be trusted but 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 wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints on a cup that a witness had used to identify the suspect in a burglary, were not those of Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required every year. Certain vehicles may need to be checked more often in certain circumstances, like those being sold privately or those that have an expired inspection sticker. In certain situations, like when someone who is a New York resident moves and requires a change of address, it's required that the vehicle be inspected prior to issuing new stickers.
An inspector will first confirm some of the details like the model and make of the car, its registration date and odometer read, and so on. They then examine the car itself, beginning with the most obvious areas like the mirrors, lights, windshields and the horn. There are numerous checklists to ensure a thorough inspection is completed, which includes looking for things like rust or suspension parts.
Drivers must be vigilant and be aware of pedestrians, motorists, and other potential dangers. Failure to do so could be construed as negligent. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer may be found to be liable under the laws of product liability in the event that the accident was caused by a defect in the car or any of its components.
Parts or Components with Defective Components
In order to make a vehicle function properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these components fails, the consequences can be devastating. Most often, these accidents are caused by manufacturing defects or other problems in the construction or design of a specific part. If a malfunctioning part of an automobile is the cause 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 occur due to human error. While 94 % of car crashes result from driver error, there are other factors that can trigger a crash including road conditions and defective auto parts.
Defective car parts include brakes, airbags, seatbelts, tires and any other component that may not function as intended and lead to an accident. Sometimes, these flaws result from aftermarket upgrades that weren't designed with the same care as the initial parts on the vehicle. Sometimes, the problem is present 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 designed or built according to these standards the manufacturer could be held responsible in a lawsuit for product liability for any injuries that may occur as a result of an accident caused by the defective component.
Insurance Coverage
The majority of states have the tort liability system which obliges drivers to carry insurance in the event that their conduct or negligence causes injury to others. Liability coverage includes 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 crash caused by your vehicle as long as you meet the limits set by the policy. Typically there is a separate limit per person injured, and a single limit for the total amount of property damage. Some insurers offer policies with higher limits on the kind of damages.
Property damage coverage pays to repair or replace your vehicle if it is damaged due to something other than collision with another car or object, like windstorm, fire, theft and the impact of a deer. The coverage can also cover damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.
In many states the uninsured or underinsured driver insurance (UM/UIM), is mandatory. However, certain states only require it when the driver at fault is not covered by insurance. This coverage will reimburse you or your passengers for your medical and property damages when the driver at fault has no insurance, is not insured or involved in a hit and run accident.
A motor vehicle accident vehicle case is a personal injury lawsuit that is based on an accident in a motor vehicle. While the majority of cases are governed under common law, there are some issues which are unique to this field.
According to New York law, vehicle owners are accountable for accidents that happen while their vehicles were operating with their explicit or implied consent. Our legal team handles these cases as an contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle Accident attorney car case. This type of testimony often helps to identify the perpetrator of a crime or provide details on the manner in which the crash occurred. However, there is a wide amount of evidence that suggests eyewitness testimony can be wildly in error.
Witnesses are susceptible to make mistakes when recollecting an object's color or shape. Perceptual distortions, for example, fading memories, can also cause a person to forget the exact incident.
Furthermore, memory of witnesses can be distorted by leading questions or other information given to witnesses. Researchers found that in one study asking participants to estimate the speed of a car affected their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention skill, stress level and health issues, prejudice, previous experience, cognitive state, confidence or level of certainty in the form of suggestion, bias lineups and racial or personal bias.
While many experts say that eyewitness evidence can be trusted but 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 wrongly convicted people and even murder. In 2018 the Innocence Project proved that the fingerprints on a cup that a witness had used to identify the suspect in a burglary, were not those of Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required every year. Certain vehicles may need to be checked more often in certain circumstances, like those being sold privately or those that have an expired inspection sticker. In certain situations, like when someone who is a New York resident moves and requires a change of address, it's required that the vehicle be inspected prior to issuing new stickers.
An inspector will first confirm some of the details like the model and make of the car, its registration date and odometer read, and so on. They then examine the car itself, beginning with the most obvious areas like the mirrors, lights, windshields and the horn. There are numerous checklists to ensure a thorough inspection is completed, which includes looking for things like rust or suspension parts.
Drivers must be vigilant and be aware of pedestrians, motorists, and other potential dangers. Failure to do so could be construed as negligent. It is also a driver's obligation to maintain control of their vehicle at all time. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. It is also possible that the manufacturer may be found to be liable under the laws of product liability in the event that the accident was caused by a defect in the car or any of its components.
Parts or Components with Defective Components
In order to make a vehicle function properly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these components fails, the consequences can be devastating. Most often, these accidents are caused by manufacturing defects or other problems in the construction or design of a specific part. If a malfunctioning part of an automobile is the cause 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 occur due to human error. While 94 % of car crashes result from driver error, there are other factors that can trigger a crash including road conditions and defective auto parts.
Defective car parts include brakes, airbags, seatbelts, tires and any other component that may not function as intended and lead to an accident. Sometimes, these flaws result from aftermarket upgrades that weren't designed with the same care as the initial parts on the vehicle. Sometimes, the problem is present 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 designed or built according to these standards the manufacturer could be held responsible in a lawsuit for product liability for any injuries that may occur as a result of an accident caused by the defective component.
Insurance Coverage
The majority of states have the tort liability system which obliges drivers to carry insurance in the event that their conduct or negligence causes injury to others. Liability coverage includes 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 crash caused by your vehicle as long as you meet the limits set by the policy. Typically there is a separate limit per person injured, and a single limit for the total amount of property damage. Some insurers offer policies with higher limits on the kind of damages.
Property damage coverage pays to repair or replace your vehicle if it is damaged due to something other than collision with another car or object, like windstorm, fire, theft and the impact of a deer. The coverage can also cover damage caused by driving over potholes. This type of insurance is mandatory in New York and some other states.
In many states the uninsured or underinsured driver insurance (UM/UIM), is mandatory. However, certain states only require it when the driver at fault is not covered by insurance. This coverage will reimburse you or your passengers for your medical and property damages when the driver at fault has no insurance, is not insured or involved in a hit and run accident.
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