Sobre mim

Motor Vehicle Attorneys Explained In Less Than 140 Characters
What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves a motor vehicle accident. While the majority of cases are subject to common-law concepts but there are some legal issues that are specific to this specific area.

According to New York law, vehicle owners are responsible for accidents that happen while their vehicles were operated with their express or implied consent. Our legal team tackles these cases as an emergency basis.

Eyewitness Testimony

Eyewitness testimony is an excellent addition to other evidence in relation to motor vehicle related cases. This type of testimony often helps to identify the perpetrator of a crime or provide details on the circumstances of the crash. However there is a vast amount of evidence that suggests eyewitness testimony can be wildly in error.

Witnesses are prone to make a mistake when recalling an object's color or shape. Perceptual distortions, such as memory loss, may make a person forget a specific moment.

Witness memory can also be altered when witnesses are given specific questions or facts. Researchers discovered that in one study in which participants were asked to estimate the speed of a car had an impact on their responses. Other factors that impact the accuracy of eyewitness accounts include age and attention level, as well as skill as well as stress, health conditions and prejudice.

While motor vehicle accident lawyer santa clara insist that eyewitness testimony can be relied upon there is a need to educate jurors and law enforcement agencies regarding the possibility of errors in this type of evidence. In a few cases, faulty eyewitness testimony is responsible for wrongly convicted people and even murder. For instance, in the year 2018, the Innocence Project was able to show that the fingerprints of a cup used by an eyewitness to identify the suspect in a burglary were not that of Royal Clark's.

Vehicle Examining

In general inspections of vehicles are required each year. Some vehicles may need to be inspected more frequently like those that are being sold privately or have an inspection sticker that has expired. In certain situations, for instance, when an New York resident moves and must update their address, it's required that the vehicle is checked prior to the issue of new stickers.

When an inspector conducts an inspection they start off by verifying a few details such as the vehicle's make and model and registration date, its odometer reading, and others. The inspector will then look over the vehicle, beginning with the obvious parts like the mirrors and windshields as well as the lights and horn. There are a number of checklists to make sure that an exhaustive inspection is completed, which includes checking for things such as corrosion or suspension components.

Drivers are expected to be attentive on the road and keep an eye out for pedestrians, other drivers and other potential hazards. Failure to do so could be construed as negligence. A driver must also maintain control at all time. A vehicle that is defective can result in a loss of control over the vehicle, that can result in severe injuries. The manufacturer of a vehicle may be held accountable for the accident if it was caused by an automobile defect or part.

Components or Parts that are defective

For a vehicle's operation to run properly, thousands of tiny mechanical and electrical parts must work together. If one of these components is damaged, the result can be catastrophic. These accidents are often caused by manufacturing defects or other issues with the construction or design an element. If a component that is defective in an automobile is the cause of an accident, then the person responsible for the accident may be liable for compensating the victims for injuries.

Many people believe that all accidents involving cars are caused by human error. While 94 percent of car crashes result from driver error however, there are other elements that can trigger a crash including road conditions, and defective auto parts.

Defective car parts include brakes seats, airbags, tires or any other part that can fail to work according to the specifications and cause an accident. These defects can result from aftermarket parts that were not made with the same care as the original components on a car. Other times, the flaw is in the design of a specific component.

Manufacturers are required to create vehicles that meet the minimum safety standards. If a vehicle, or even one of its parts, was not designed or built to meet these standards, the manufacturer could be held responsible for any damages that result from an accident caused by a defective part.

Insurance Coverage

In many states, drivers are required to have insurance if their negligent or conduct can cause harm to others. Liability coverage includes bodily injury liability as well as property damage liability.

The bodily injury liability covers 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 usually a limit per injured person as well as a limit for property damage in all forms. Certain insurance companies offer policies with greater limits for these types of damages.

Property damage insurance will repair or replace your vehicle when it is damaged due to something other than collision with another car or other object, like windstorm, fire, theft and the impact of the deer. This coverage may also be used to cover damage caused by driving through potholes. This type of insurance is mandatory in New York and some other states.

In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is required in many states. However, certain states only require it when the driver at fault is not insured or has no insurance. This coverage reimburses you or your passengers for medical and property losses when the at-fault driver has no insurance, is uninsured, or involved in a hit and run accident.