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What Is a Motor Vehicle Case? A motor vehicle case is a personal injury lawsuit that relates to an accident in a motor vehicle. While the majority of cases are guided by common law concepts of negligence but there are a range of specific issues pertaining to this particular practice area. Under New York law, owners of vehicles are accountable for accidents that happen while their vehicles are being operated with their permission, express or implied. Our legal team takes on these cases on an incidental basis. Eyewitness Testimony Eyewitness testimony can provide an excellent addition to other evidence in a motor vehicle case. This type of testimony usually aids in identifying the perpetrator of a crime or provide specifics about the circumstances of the crash. However there is a huge amount of evidence that suggests eyewitness accounts can be extremely incorrect. For example, witnesses are prone to making mistakes when they try to recall the color of an object or its shape. Perceptual distortions, such as memory loss, may cause a person to forget the exact event. Witness memory can also be affected when witnesses are given leading questions or information. For example, researchers in one experiment found that telling participants to estimate the speed at which the car was going influenced their answers. Other factors that influence the accuracy of eyewitness accounts include age, attention, skill, stress level health conditions, prejudices, previous experience, cognitive status, the degree of certainty or confidence in the form of suggestion, bias lineups, and racial or personal bias. Even though many experts will say that eyewitness evidence can be trusted there is a need to educate law enforcement agencies and jurors about the potential for error in this type of evidence. In some instances, eyewitness testimony that was not accurate has led to wrongful convictions or even murder. In motor vehicle accident lawyer fayetteville proved that the fingerprints on a cup which a witness used to identify the suspect in a burglary not those of Royal Clark's. Vehicle Inspection In general inspections of vehicles are required to be performed every year. Some vehicles may need to be examined more frequently, such as those that are sold through private sales or those that have an expired inspection sticker. In certain circumstances, such as when a New York resident moves and must update their address, it's required that the vehicle is checked prior to the issue of new stickers. The inspector will verify a few details including the model and make of the car as well as the date of registration as well as the odometer reading. on. They then look over the vehicle's interior, beginning with the most obvious parts like the mirrors, lights, windshields, and horn. There are several checklists to assure that a thorough inspection of the vehicle has taken place, including looking for things like rust and suspension components. Drivers are expected vigilant on the roads and to look out for other drivers, pedestrians, and potential hazards. Inability to do this could be construed as negligence. It is also a driver's responsibility to keep control of their vehicle at all at all times. A vehicle that is not in good condition can lead to a loss of control of the vehicle which could result in serious injuries. It is also possible that the vehicle's manufacturer could be held accountable under the law of product liability when the accident was caused by an issue with the vehicle or the parts that make it up. Parts or Components that are defective For a vehicle's operation to run effectively, thousands of tiny electrical and mechanical components must work in harmony. If one of these parts fails, the consequences can be devastating. Often, these accidents result from manufacturing defects or other problems in the construction or design of a specific part. If a car component that is defective is the cause of an accident, the person responsible is likely to be responsible for paying the crash victims for their injuries. Many people believe that all car accidents are caused by human error. While nearly 94 percent of car accidents result from driver error, there are other factors that can trigger a crash such as road conditions and defective auto parts. Defective auto parts include brakes, airbags, seatbelts, tires or any other component which is unable to function as designed, leading to an accident. Sometimes, these issues are the result of aftermarket upgrades that weren't made with the same level of care as the initial parts on a vehicle. Other times, the flaw is in the design of a specific part. The manufacturers are required to build cars that meet the minimum safety standards. If a vehicle or its parts were not manufactured or designed according to these standards the manufacturer could be held accountable in a product liability lawsuit for any damage that occurs as a result of an accident caused by the defective component. Insurance Coverage Most states follow an insurance system called tort liability that requires drivers to have insurance in case their misconduct or negligence causes injury to another. Liability insurance covers bodily injury liability and property damage liability. Bodily Injury liability covers your medical expenses and the medical expenses of those injured in a crash caused by your car, up to the limits set by the policy. There is usually a limit for each injured person and a maximum for all 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 vehicle should it be damaged in any way other than an accident. This includes fire, theft storm, windstorm, or even collision with a deer. It can also be used to protect your vehicle from damage caused by driving on potholes. This kind of insurance is required in New York, among other states. In many states, uninsured or underinsured motorist insurance (UM/UIM), is mandatory. However, certain states only require it if the driver at fault has no insurance. This coverage will reimburse you or your passengers for your injuries to property and medical expenses when the at-fault driver does not have insurance, is underinsured or involved in a hit-and-run accident.