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What Is a Motor Vehicle Case? A motor vehicle case is a personal injury lawsuit that is based on an accident involving a motor vehicle. While the majority of cases are governed under common-law concepts, there are some issues which are unique to this particular area. According to New York law, vehicle owners are responsible for accidents that occur when their vehicles were being operated with their express or implied consent. Our legal team is able to handle these cases on a contingency fee basis. Eyewitness Testimony Eyewitness testimony can be an invaluable addition to other evidence in a motor vehicle crash. This kind of evidence can be used to identify the perpetrators of crime or provide details on what caused the accident. There is a large body of research that suggests eyewitness identifications are often inaccurate. Witnesses, for instance, are susceptible to making errors in recollecting the color of an object or its shape. In addition, perceptual distortions — such as fading memories can also affect a person's memory of a specific event. Witness memory can also be distorted when a witness receives specific questions or facts. For instance, researchers in one study found that asking participants to estimate how fast a car was traveling affected their responses. Other factors that affect the accuracy of eyewitness accounts include age, attention capability, stress level and health issues, prejudice, previous experience, cognitive state, the degree of certainty or confidence, suggestive questioning, biased lineups and racial or individual bias. While many experts will insist on the credibility of eyewitness testimony but it is vital to inform jurors and law enforcement agencies members on the possibility of mistakes. In some cases eyewitness testimony that was inaccurate has led to wrong convictions or even murder. For instance, in the year 2018, the Innocence Project was able to show that the fingerprints of the cup used by a witness to identify the suspect in a burglary not that of Royal Clark's. motor vehicle accident law firm el cajon As a rule, vehicle inspections are required each year. Certain types of vehicles might need be checked more often like those that are sold at private sales or those that have an inspection sticker that has expired. In certain instances, such as when the New York resident moves and must update their address, it is required that the vehicle is checked prior to the issue of new stickers. When an inspector conducts an inspection, they begin by checking certain details such as the car's make and model, its registration date, its odometer reading, and others. The inspector then will inspect the vehicle, starting with the obvious parts like the windshields and mirrors, the lights and the horn. There are a number of checklists that will ensure that an exhaustive inspection is completed, which includes checking for things like corrosion or suspension parts. Drivers must be vigilant and keep an eye out for other motorists, pedestrians and any potential dangers. Inability to do this could be considered negligent. It is also a driver's duty to maintain control of their vehicle at all times. A vehicle with a defect could cause the vehicle to lose control, which could result in serious injuries. It is also possible that the manufacturer may be found to be liable under product liability laws when the accident was caused by an issue with the vehicle or any of its components. Defective Parts or Components To make a car function effectively, thousands and millions of tiny mechanical components and electrical components must work together. When one of these parts fails, the consequences can be devastating. These accidents are often caused by manufacturing flaws or other issues in the design or construction of an element. If a car part that is defective is the reason for an accident, the responsible party may be liable to compensate the crash victims for their injuries. Many people believe that the majority of car accidents are caused by human error. While nearly 94 percent of car accidents result from driver error, there are other factors that can cause a crash like road conditions and deficient auto parts. Defective auto parts include brakes and airbags, seats and tires or any other device that can fail to perform as intended, leading to an accident. Sometimes, these flaws result from aftermarket modifications that were not designed with the same care as the original components on a vehicle. Other times, the defect is in the initial design of a specific component. The manufacturers are required to build vehicles that meet minimum safety standards. If the vehicle, or one of its components, were not designed or built to meet these standards, the manufacturer may be held liable for any damage resulting from an accident caused by a defective component. Insurance Coverage In many states, drivers are required to have insurance if their negligence or misconduct causes harm to other drivers. Liability insurance covers bodily injuries and property damage liability. Bodily Injury liability covers your medical bills and the medical expenses of those injured in a crash caused by your vehicle, up to the policy limits. Typically, there is an additional limit for each person injured, and a single limit for the total amount of property damage. Certain insurers offer policies that have higher limits on the kind of damages. Property damage coverage will pay to repair or replace your car when it is damaged in any other way than collision. This includes fire, theft, windstorm, and impact from a deer. This coverage may also cover damage that is caused by driving over potholes. This type of insurance is mandatory in New York, among other states. In many states, uninsured or underinsured motorist insurance (UM/UIM) is required. However, some states require it only when the driver at fault has no insurance. The coverage pays you or your passengers for your injuries to property and medical expenses when the at-fault driver does not have insurance, is uninsured, or involved in a hit and run accident.