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 subject to common law principles There are a few aspects that are unique to this area. Under New York law, owners of vehicles are responsible for accidents that occur while their vehicles are operating 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 provide an important addition to other evidence in a motor vehicle crash. This kind of evidence can be used to identify the perpetrators of crimes or provide information about what caused the accident. However there is a large body of research indicating that eyewitness accounts can be extremely inaccurate. For example, witnesses tend to make errors in recollecting the color of an object or its shape. Perceptual distortions, for example, faded memories, may cause a person to miss an moment. Additionally, the memory of witnesses can be affected by questions that lead to or other information that is provided to witnesses. Researchers discovered that in one experiment asking participants to estimate the speed of a vehicle influenced their responses. Other factors that affect the accuracy of eyewitness testimonies include age ability, attention level, stress, health conditions and prejudice. While many experts affirm that eyewitness testimony can be relied upon but there is a need to sensitize law enforcement agencies and jurors about the potential for error in this type of evidence. In some cases eyewitness testimony that is not correct has led to wrong convictions or even murder. In 2018 the Innocence Project proved that the fingerprints found on a coffee cup that a witness had used to identify the suspect during a burglary, were not Royal Clark's. Vehicle Inspection In general inspections for vehicles should be performed every year. Certain vehicles may need to be inspected more frequently for instance, those that are sold at private sales or with an expired inspection sticker. It is also required in certain situations, for instance when residents of New York moves and needs to change their address, that their vehicle is inspected prior to when the new stickers can be issued. The inspector will verify a few specifics, such as the make and model of the vehicle and the registration date, odometer reading and so on. They then look over the vehicle, starting with the most obvious areas like mirrors, lights, windshields, and horn. There are many checklists to ensure an exhaustive inspection is done, including checking for things such as rust or suspension parts. Drivers must be aware and alert for pedestrians, other motorists and potential dangers. Failure to do this can be viewed as negligence. It is also a driver's responsibility to keep control of their vehicle at all at all times. A defective vehicle can cause a loss of control over the vehicle which could cause serious injuries. The manufacturer of a vehicle may be held responsible for the accident in the event that it was caused by an auto defect or component part. Components or parts that are defective In order for a vehicle to function effectively, thousands of tiny electrical and mechanical parts must function. If one of these components fails, the consequences can be devastating. These accidents are typically the result of manufacturing faults or other issues in the design or construction of an element. If a defective part of a vehicle is the reason of an accident, the person who caused the accident may be liable to compensate victims for injuries. Many people think that all auto accidents occur because of human error. While 94 percent of crashes are due to driver errors There are also other factors such as road conditions and defective components that could cause an accident. Defective components of a car include brakes, airbags, seatbelts, tires, or any other component that can fail to work as designed and lead to an accident. These issues could be caused by parts sold by the aftermarket that weren't designed as carefully as the original components on a vehicle. Sometimes, the flaw is found in the original design of a piece. Manufacturers are required to create vehicles that meet the minimum safety standards. If a vehicle or its parts weren't designed or constructed according to these standards the manufacturer could be held responsible in a lawsuit involving product liability for any damage that occurs as a result of an accident that was caused by the defective component. Insurance Coverage The majority of states have an insurance system called tort liability that requires drivers to be insured in the event their actions or negligence causes injury to others. Liability coverage includes bodily injury liability as well as property damage liability. The bodily injury liability covers your medical expenses and those of others who are injured by your vehicle in an accident up to the policy limit. There is usually a limit per injured person and a limit for property damage in all forms. Certain insurers offer policies that have higher limits on these kinds of damages. Property damage insurance will cover to repair or replace your car when it is damaged in any way other than by an accident. This includes fire, theft windstorm, or the impact of a deer. It may also cover damage to your car caused by driving over potholes. This type of insurance is required in New York, among other states. Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, although some states only require it if the driver at fault is not insured or has inadequate insurance or inadequate insurance. The coverage pays you or your passengers for your loss of property and medical expenses if the at-fault driver is not insured, has no insurance, is underinsured or involved in a hit and run accident.