The History Of Motor Vehicle Attorneys 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 motor vehicle accident attorneys berkeley of cases are governed by common law but there are some legal issues that are unique to this particular area.

According to New York law, vehicle owners are responsible for accidents that occur when their vehicles were operating with their explicit or implied consent. Our legal team is able to handle these cases on a contingency fee basis.

Eyewitness Testimony

Eyewitness testimony is an excellent addition to other evidence when it comes to motor vehicle related cases. This type testimonies often helps identify the person who committed the crime or provide information about the manner in which the crash occurred. However there is a huge collection of studies that show eyewitness accounts can be extremely incorrect.

For instance, witnesses are susceptible to making errors when they try to recall the color of an object or its shape. Perceptual distortions, for example, faded memories, may cause a person to forget a specific event.

Witness memory can also be affected when witnesses are given important questions or information. Researchers found that in one experiment in which participants were asked to estimate the speed of a car affected their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention capability, stress level, health conditions, prejudices, previous experiences, cognitive state, the degree of certainty or confidence in the form of suggestion, bias lineups and personal or racial bias.

Even though many experts will say that eyewitness evidence can be relied upon but there is a need to sensitize law enforcement agencies and jurors about the possibility of error in this type of evidence. In some instances eyewitness testimony that is not correct has led to wrong convictions, or even murder. In 2018 the Innocence Project proved that the fingerprints that were found on a cup that a witness had used to identify a suspect in a burglary not those of Royal Clark's.

Vehicle Examination

As a general rule inspections for vehicles should be conducted annually. Certain types of vehicles, like private-sale vehicles or those with inspection stickers that are expired, might require regular inspections. It is also required in certain circumstances, like when a resident 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.

An inspector will first confirm some of the details like the make and model of the vehicle, its registration date and odometer read, and so on. They then begin to examine the vehicle's interior, beginning with the most obvious parts like the mirrors, windshields, lights and the horn. There are a variety of checklists to assure that a thorough inspection of the vehicle has been completed, including looking for things such as rust and suspension components.

Drivers are expected to remain attentive on the road and keep an eye out for pedestrians, other drivers and other potential hazards. In the event of a crash, it could be viewed as negligence. A driver must also be in control at all the time. A defective vehicle may cause the vehicle to lose control, resulting in serious injuries. It is also possible that the car's manufacturer could be found liable under the laws of product liability when the accident was caused by a defect in the vehicle or the components of it.

Components or Parts that are defective

To make a car function effectively, thousands and millions of tiny mechanical parts and electrical components have to work together. If one of these components is damaged, the result can be catastrophic. These incidents are typically due to manufacturing errors or other issues related to the design or construction specific part. If a malfunctioning part of a vehicle is at the root of an accident, then the person who caused the accident may be responsible for compensating victims for injuries.

Many people believe that the majority of accidents involving cars are caused by human error. While nearly 94 percent of car accidents are caused by driver errors, there are other factors which can cause a crash including road conditions and defective auto parts.

Defective components of a car include brakes, seats, airbags, tires or any other component that fails to function according to the specifications and cause 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 problem is present in the original design of the part.

The manufacturers are required to create vehicles that meet the minimum safety standards. If the vehicle, or one of its components, were not designed or constructed in accordance with these standards, the maker is liable for any damage resulting from an accident caused by a defective part.

Insurance Coverage

In most states, motorists are required to carry insurance in the event that their carelessness or conduct causes harm to others. Liability coverage includes bodily injury liability and property damage liability.

The bodily injury coverage covers your medical expenses and those of others injured by your car in an accident up to the limit of your policy. There is usually a limit for each injured person as well as a limit for all property damage. Certain insurance companies offer policies with higher limits for these kinds of damages.

Property damage insurance pays to repair or replace your vehicle if it is damaged due to something other than a collision with a vehicle or object, for example theft, fire, windstorm and the impact of a deer. It can 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 required in many states, however some require it only when the driver at fault has no insurance or insufficient insurance. This coverage reimburses you or your passengers for loss of property and medical expenses if the driver at fault has no insurance, is not insured or involved in a hit-and-run accident.