The Most Common Mistakes People Do With Motor Vehicle Attorneys

What Is a Motor Vehicle Case?

A motor vehicle lawsuit is any personal injury lawsuit that is based on a motor vehicle accident. Although most cases are governed by the common law principles of negligence There are a few of issues specific to this practice.

According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were operated with their explicit or implied permission. Our dedicated legal team handles these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony can be a valuable supplement to other evidence in a motor vehicle crash. This type of testimony often helps identify the perpetrator of a crime or provide details on the circumstances of the crash. There is a vast body of research that suggests eyewitness identifications are usually inaccurate.

Witnesses are likely, for example, 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 memory of an incident.

Witness memory can also be distorted when a witness is presented with specific questions or facts. Researchers discovered that in one experiment where participants were instructed to estimate the speed of a car affected their responses. Other factors that affect the reliability of eyewitness testimony include age, attention, skill, stress level, health issues, prejudice, previous experience, cognitive state, confidence or degree of certainty in the form of suggestion, bias lineups and racial or individual bias.

While many experts claim that eyewitness testimony is able to be trusted there is a need to sensitize jurors and law enforcement agencies about the possibility of error in this kind of evidence. In some cases, incorrect eyewitness testimony has led to for wrongful convictions and even murder. In  motor vehicle accident lawsuit utah  proved that the fingerprints on a cup, which a witness used to identify a suspect during a burglary, were not the Royal Clark's.

Vehicle Examination

As a general rule inspections for vehicles should be performed every year. Certain vehicles, for instance those that are privately owned or with expired inspection stickers may require regular inspections. It is also mandatory in certain situations, like when a resident of New York moves and needs to change their address, that their vehicle be inspected before the new stickers are issued.

When an inspector conducts an inspection, they begin by verifying some of the details like the car's make and model, its registration date, its odometer reading, and the list goes on. They then examine the vehicle itself, starting with the obvious areas like mirrors, lights, windshields, and the horn. There are various checklists that assure that a thorough inspection of the vehicle has been conducted, which includes looking for things such as rust and suspension components.

Drivers are expected to be vigilant on the road and to look out for other drivers, pedestrians and other potential dangers. Inattention to this can be considered a breach of the law. It is also the driver's obligation to maintain control of their vehicle at all at all times. A defective vehicle can result in a loss of control over the vehicle which can cause severe injuries. A car's manufacturer could be held responsible for the accident in the event that it was caused by an automobile defect or component part.

Components or Parts that are defective

For a vehicle to function effectively, thousands of tiny electrical and mechanical components must work in harmony. When one of these components is damaged, the result can be catastrophic. Often, these accidents are the result of manufacturing defects or other problems in the design or construction of a specific part. If a car component that is defective is the reason for an accident, the responsible party may be liable for the payment of the victims of the crash for their injuries.

Many people believe that the majority of auto accidents are caused by human error. While 94 percent of accidents are caused by driver mistakes, there are also other factors, such as road conditions and defective components which can cause accidents.

Defective car parts include brakes, seats, airbags, tires or any other part that may not function according to the specifications and cause an accident. These issues could be caused by aftermarket parts that were not made with the same care as the original components of a car. Sometimes, the problem is in the original design of a component.

The manufacturers are required to build vehicles that meet minimum safety standards. If the vehicle, or one of its parts, was not designed or constructed to meet these standards, then the manufacturer may be held liable for any damages that result from an accident caused by a defective part.

Insurance Coverage

Most states use the tort liability system which requires drivers to have insurance in the event that their conduct or negligence causes injury to another. Liability insurance covers bodily injuries liability and property damage liabilities.

Bodily Injury liability covers your medical expenses as well as the medical bills of others injured in a collision caused by your car as long as you meet the limits of your insurance policy. Typically, there is a separate limit per person injured and a single limit for the total amount of property damage. Certain insurance companies offer policies with greater limits for these types of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged by something other than collision with a vehicle or object, such as windstorm, fire, theft and the impact of a deer. This insurance may also be used to cover damage 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 has no insurance or insufficient insurance. This insurance covers you or your passengers for medical and property losses when the at-fault driver has no insurance, is not insured or involved in a hit-and-run accident.