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What Is a Motor Vehicle Case? A motor vehicle lawsuit is any personal injury lawsuit that involves the motor vehicle involved in an accident. While the majority of cases are governed under common law concepts however, there are a few 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 permission. Our legal team tackles these cases on an contingency basis. Eyewitness Testimony Eyewitness testimony is a valuable supplement to other evidence when it comes to motor vehicle related cases. This type of testimony can be used to identify the perpetrators of crime or provide information about what caused the accident. There is a vast body of evidence that shows that eyewitness accounts are often not accurate. Witnesses are likely to make errors when recalling an object's color or shape. Furthermore, perceptual distortions — like fading memories can alter a witness's memory of an incident. Additionally, the memory of witnesses can be altered by leading questions or other information offered to witnesses. Researchers found that in one study in which participants were asked to estimate the speed of a car affected their responses. Other factors that affect the credibility of eyewitness testimony include age, attention skill, stress level and health conditions, prejudice, previous experience, cognitive state, confidence or level of certainty as well as a suggestion of questioning, biased lineups and personal or racial bias. Although many experts insist on the credibility of eyewitness testimony, it's crucial to educate jurors and law enforcement agencies members on the possibility of error. In some instances, eyewitness testimony that was incorrect can lead to wrongful convictions or even murder. For instance, in the year 2018 the Innocence Project was able to demonstrate that the fingerprints found on the cup used by an eyewitness to identify the suspect in a burglary not the Royal Clark's. Vehicle Inspection In general inspections for vehicles should be conducted annually. Certain vehicles may need to be checked more often in certain circumstances, like those that are sold via private sales or have an expiring inspection sticker. It is also mandatory in certain situations, like when residents of New York moves and needs to change their address, it is required that the vehicle be inspected prior to the new stickers are issued. When an inspector conducts an inspection they begin by checking certain details such as the vehicle's make and model, its registration date and odometer reading and others. The inspector will then look over the vehicle, starting with the obvious areas like the mirrors and windshields as well as the lights and horn. There are several checklists to make sure that thorough inspections are done, including the detection of things like rust or suspension parts. Drivers are expected to remain alert on the road and to keep an eye out for pedestrians, other drivers and other potential dangers. The failure to do so could be considered to be negligence. A driver must also be in control at all times. A defective vehicle may cause the vehicle to lose control, which could result in serious injuries. motor vehicle accident law firm san jose of a vehicle may be held responsible for the accident in the event that it was caused by an automobile defect or component part. Components or Parts that are defective To function properly, thousands of tiny mechanical and electrical parts must function. If one of these parts fails, the consequences can be devastating. Usually, these incidents are the result of manufacturing defects or other issues in the construction or design of a particular component. When a malfunctioning car part is the cause of an accident, the responsible party may be liable for the payment of the crash victims for their injuries. Many people believe that all auto accidents occur due to human error. While 94 percent of crashes are caused by driver error, there are also other factors such as road conditions and defective parts that can lead to an accident. Defective auto parts include brakes and tires, seatbelts and airbags or any other device that can fail to perform as intended, leading to an accident. These issues could be the result of parts from the aftermarket that were not created with the same care as original components of a car. Other times, the flaw could be in the original design of a specific part. Manufacturers are required by law to make vehicles that meet the minimum safety standards. If the vehicle or its components were not constructed or designed to these specifications the manufacturer could be held accountable in a product liability lawsuit for any injuries that may occur as a result of an accident that was caused by the defective component. Insurance Coverage In most states, drivers are required to carry insurance if their recklessness or misconduct can cause harm to others. Liability insurance covers bodily injuries liability and property damage liabilities. The bodily injury coverage covers your medical expenses and those of others who are injured by your car in an accident up to the policy limit. Typically there is a separate limit for each person injured and a single limit for the total amount of property damage. Some insurers offer policies with higher limits for these types of damages. Property damage insurance will pay to repair or replace your car should it be damaged in any way other than by collision. This includes theft, fire or windstorm, as well as collision with a deer. The coverage can also cover damage caused by driving through potholes. This type of coverage is required in New York and some other states. In many states the uninsured or underinsured driver insurance (UM/UIM), is mandatory. However, certain states require it only when the driver at fault does not have insurance. The coverage pays you or your passengers for your injuries to property and medical expenses when the at-fault driver is not insured, has no insurance, is uninsured, or is involved in a hit-and run crash.