The 10 Most Scariest Things About Motor Vehicle Attorneys
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A motor vehicle accidents 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, there are some issues that are specific to this field.
According to New York law, owners of vehicles are responsible for accidents that happen while their vehicles are operated with their consent, whether express or implied. Our legal team takes care of these cases on a contingent fee basis.
Eyewitness Testimony
Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle crash. This type testimonies often helps to identify the criminal or provide information about how the crash took place. There is a large body of research that suggests eyewitness identifications are often inaccurate.
Witnesses are susceptible, for example, to make mistakes when trying to recall an object's color or shape. Perceptual distortions, for example, faded memories, may make a person forget a specific moment.
Additionally, the memory of witnesses can be affected by the direction of questions or other information that is provided to a witness. For instance, researchers in an experiment found that telling participants to estimate the speed at which the car was travelling affected their responses. Other factors that influence the accuracy of eyewitness testimonies include age ability, attention level as well as stress, health conditions and prejudice.
Although many experts say that eyewitness evidence can be trusted, there is a need to educate jurors and law enforcement agencies about the possibility of error in this type of evidence. In some cases, eyewitness testimony that is not correct has led to incorrect convictions, or even murder. For instance, in 2018, the Innocence Project was able to demonstrate that the fingerprints found on a cup used by witnesses to identify the suspect in a burglary not Royal Clark's.
Vehicle Examination
In general vehicle inspections are required each year. Certain vehicles, like those sold privately or those with expired inspection stickers might require more frequent inspections. It is also mandatory for certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle is inspected before the new stickers can be issued.
When an inspector conducts an inspection they begin by verifying some of the details like the car's model and make and registration date and odometer reading and others. The inspector will then examine the vehicle, starting with the obvious parts like the windshields and mirrors as well as the lights and horn. There are several checklists to ensure an exhaustive inspection is performed, including checking for things like corrosion or suspension parts.
Drivers need to be alert and watch out for pedestrians, other motorists and potential dangers. The failure to do so could constitute negligence. It is also the driver's responsibility to keep control of their vehicle at all time. A vehicle that is defective could cause the vehicle to lose control, which could result in serious injuries. The manufacturer of the vehicle could also be held responsible for the accident in the event of an automobile defect or component part.
Components or Parts that are defective
To function correctly, thousands of tiny mechanical and electrical parts must work together. When one of these parts is damaged, the result can be devastating. These accidents are typically due to manufacturing errors or other issues in the design or construction of the component. If a car component that is defective is the cause of an accident, the responsible party is likely to be responsible for paying the victims of the crash for their injuries.
Many people believe that all auto accidents occur due to human error. While 94 percent of crashes are caused by driver error, there are also other factors, such as roads and parts that are defective which can cause accidents.
Defective car parts include brakes, airbags, seatbelts, tires and any other component which may fail to function as intended and lead to an accident. These problems could result from aftermarket parts that were not constructed as well as the original components on a vehicle. Sometimes, the defect is found in the original design of a piece.
Manufacturers are required to design vehicles that meet minimum safety standards. If a vehicle or its parts weren't designed or constructed to these specifications, the manufacturer may be held accountable in a lawsuit involving product liability for any injuries that may occur in the event of an accident that was caused by the defective part.
Insurance Coverage
In most states, drivers are required to carry insurance if their negligence or conduct causes harm to other drivers. Liability insurance covers bodily injury liability and property damage liability.
The bodily injury liability covers your medical expenses and those of others who are injured by your car in an accident in excess of the limit of your policy. There is typically a limit per injured person as well as a limit for all property damage. Certain insurers offer optional policies that have higher limits for these kinds of damages.
Property damage coverage pays to repair or replace your vehicle if it is damaged by an event other than collision with another car or other object, like theft, fire, windstorm and the impact of the deer. It could also cover damage to your car caused by driving over potholes. This kind of insurance is required in New York, among other states.
Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, however certain states require it only if the at-fault driver has no insurance or insufficient insurance. The coverage pays you or your passengers for medical and property damages when the at-fault driver is not insured, has no insurance, is uninsured or involved in a hit and run accident.
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