5 Common Myths About Motor Vehicle Attorneys You Should Avoid
What Is a Motor Vehicle Case?
A motor vehicle case is any personal injury lawsuit that is based on the motor vehicle involved in an accident. While the majority of cases are guided by the common law principles of negligence There are a few of specific issues pertaining to this area of practice.
According to New York law, vehicle owners are accountable for accidents that occur while their vehicles were being operated with their express or implied permission. Our legal team handles these cases on an emergency basis.
Eyewitness Testimony
Eyewitness testimony is an excellent supplement to other evidence related to motor vehicle related cases. This type of testimony typically assists in identifying the perpetrator of a crime or provide specifics about the circumstances of the crash. However there is a large amount of evidence that suggests eyewitness accounts can be extremely incorrect.
For instance, witnesses are susceptible to making errors in recollecting the color of an object or its shape. Additionally perceptual distortions like fading memories -- can also alter a person's memories of a particular event.
Witness memory can also be impaired if a witness is given important questions or information. Researchers discovered that in one experiment asking participants to estimate the speed of a car influenced their responses. Other factors that impact the accuracy of eyewitness testimonies include age ability, attention level, stress, health conditions and prejudice.
Although many experts claim that eyewitness testimony is able to be relied upon there is a need to educate jurors and law enforcement agencies about the potential for error in this kind of evidence. In some instances eyewitness testimony that was not accurate has led to wrongful convictions, or even murder. For instance, in the year 2018, the Innocence Project was able to establish that the fingerprints on a cup used by witnesses to identify a suspect in a burglary not those of Royal Clark's.
Vehicle Inspection
In general inspections of vehicles are required to be performed every year. motor vehicle accident law firm portland , for instance those that are privately owned or with expired inspection stickers, might require more frequent inspections. In certain situations, like when someone who is a New York resident moves and requires a change of address, it is mandatory that the vehicle be inspected prior to issuing new stickers.
The inspector will verify a few specifics including the model and make of the vehicle and the registration date and odometer reading, and so on. The inspectors then start to look at the vehicle, starting with the obvious areas such as the mirrors, lighting, windshields, and horn. There are a variety of checklists to ensure a thorough inspection has been completed, including looking for things like rust and suspension parts.
Drivers must be alert and watch out for pedestrians, motorists, and any potential dangers. Failure to do so could be considered negligence. The driver must also keep control at all the time. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. The manufacturer of the vehicle could also be held accountable for the accident in the event that it was caused by an automobile defect or part.
Components or Parts that are defective
To make a car function correctly, thousands and thousands of tiny mechanical components and electrical components have to work together. If one of these parts fails, the results can be devastating. These accidents are typically the result of manufacturing faults or other issues in the design or construction of specific part. If a defective part of a car is the cause of an accident, then the party accountable for the incident could be liable for a reimbursement to victims for their injuries.
Many people believe that all auto accidents occur because of human error. While 94 percent of crashes are due to driver errors There are also other factors like road conditions and defective parts which can cause accidents.
Defective automobile parts include brakes airbags, seatbelts, tires or any other part that may not function according to the specifications and cause an accident. Sometimes, these flaws result from aftermarket enhancements that weren't made with the same level of attention to detail as the original parts on vehicles. Sometimes, the problem is found in the original design of a part.
Manufacturers are required to produce vehicles that meet the minimum safety standards. If a vehicle, or any of its components, were not constructed or designed according to meet these standards, the manufacturer may be held liable for any damage resulting from an accident caused by a defective component.
Insurance Coverage
Most states use a tort liability system that requires drivers to carry insurance in the event that their actions or negligence causes injury to another. Liability coverage includes bodily injury liability and property damage liability.
The bodily injury liability covers your medical expenses as well as those of other people injured by your vehicle in an accident up to the limit of your policy. There is typically a limit for each injured person and a limit for property damage in all forms. Some insurers offer policies with higher limits for these types of damages.
Property damage coverage will pay to repair or replace your car if it is damaged in any way other than a collision. This includes fire, theft storm, windstorm, or even collisions with 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.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, although some states only require it if the at-fault driver does not have insurance or is not insured at all. This insurance covers property and medical damages in the event that the driver at fault does not have insurance or is underinsured.