15 Top Twitter Accounts To Learn About 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. While the majority of cases are governed by common law however, there are a few issues that are unique to this particular area.

Under  motor vehicle accident law firm albany , owners of vehicles are responsible for accidents that occur while their vehicles are operated with their permission, express or implied. Our legal team handles these cases on an emergency basis.

Eyewitness Testimony

Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle case. This type of testimony typically assists in identifying the culprit of a crime or provide information about how the crash occurred. However there is a large collection of studies that show eyewitness identifications are often in error.

Witnesses are more likely to make errors when trying to recall an object's color or shape. Furthermore, perceptual distortions -- such as fading memories can also alter a person's memory of an event.

Witness memory can also be altered when a witness is presented with leading questions or information. For example, researchers in one experiment found that telling participants to estimate how fast the car was moving influenced their answers. Other factors that affect the reliability of eyewitness testimony include age, attention, skills, stress levels and health issues, prejudice, previous experience, cognitive status, confidence or level of certainty and suggestive questions, biased lineups, and racial or personal bias.

While many experts will insist on the reliability of eyewitness testimony but it is essential to educate law enforcement agencies and jury members about the possibility for error. In some instances, inaccurate eyewitness testimony has been responsible for wrongful convictions or even murder. In the case of 2018, for instance, the Innocence Project was able to show that the fingerprints of the cup used by witnesses to identify a suspect in a burglary were not Royal Clark's.

Vehicle Inspection

In general vehicle inspections are required every year. Certain vehicles might need to be checked more often like those being sold privately or with an expiring inspection sticker. In certain instances, such as when someone who is a New York resident moves and needs to update their address, it's mandatory that the vehicle be examined prior to the issuance of new stickers.

An inspector will first verify a few specifics including the make and model of the vehicle, its registration date and odometer read, and so on. The inspector will then look over the vehicle, starting with the obvious areas, such as the windshields and mirrors, the lights and the horn. There are numerous checklists to make sure that thorough inspections are done, including checking for things such as corrosion or suspension components.

Drivers are expected to be alert on the road and to look out for other drivers, pedestrians and any potential hazards. Failure to do so can be considered negligence. It is also the driver's responsibility to keep control of their vehicle at all times. A vehicle that is not in good condition can cause a loss in control over the vehicle, which could cause serious injuries. It is also possible that the manufacturer of the vehicle could be found liable under the laws of product liability in the event that the accident was caused by a defect in the car or the parts that make it up.

Defective Components or Parts

To function properly, thousands of tiny mechanical and electrical components must work in harmony. When one of these components malfunctions, the result could be catastrophic. Most often, these accidents are caused by manufacturing defects or other issues in the construction or design of a specific part. If a defect in the design or construction of a car is the cause of an accident, then the person responsible for the accident may be liable for compensating the victims for their injuries.

Many people think that all auto accidents occur due to human error. While 94 percent are caused by driver errors but there are other factors like road conditions and defective parts that can lead to an accident.

Defective components of a car include brakes, tires, seatbelts, airbags and any other component that fails to function as intended and lead to an accident. Sometimes, these flaws are the result of aftermarket modifications that were not designed with the same care as the initial parts on vehicles. Sometimes, the issue is present in the original design of a part.

Manufacturers are required to create cars that meet minimum safety standards. If the vehicle or its components weren't designed or constructed according to these standards the manufacturer could be held responsible in a product liability lawsuit for any injuries that may occur as a result of an accident that was caused by the defective part.

Insurance Coverage

Most states follow an insurance system called tort liability that obliges drivers to carry insurance in the event that their actions or negligence causes injury to another. Liability coverage includes bodily injury liability as well as property damage liability.

Bodily injury liability is a way to pay for your medical bills and the medical bills of others injured in a crash caused by your car as long as you meet the limits set by the policy. Typically, there is a separate limit for each victim and a single limit for the total amount of property damage. Some insurers offer policies that have higher limits on the kind of damages.

Property damage insurance will pay to repair or replace your car should it be damaged in any other way than a collision. This includes theft, fire or windstorm, as well as collisions with deer. This coverage may also cover damage that is caused by driving over potholes. This type of coverage is mandatory in New York and some other states.

In many states the uninsured or underinsured driver insurance (UM/UIM) is required. However, certain states only require it when the driver at fault does not have insurance. This insurance covers property and medical damages if the at-fault motorist has no insurance or is underinsured.