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What Is a Motor Vehicle Case? A motor vehicle case refers to any personal injury lawsuit that is based on an accident involving a motor vehicle. While the majority of cases are governed by common law concepts but there are some legal issues that are specific to this specific area. Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are being operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingency fee basis. Eyewitness Testimony Eyewitness testimony is a powerful addition to other evidence in relation to motor vehicle cases. This type of testimony can be used to identify the perpetrators of crime or provide information on what caused the accident. There is a huge body of research that indicates eyewitness identifications are usually inaccurate. Witnesses are more likely, for example, to make mistakes when recalling an object's color or shape. In addition perceptual distortions like fading memories — can alter a witness's memory of a specific incident. Witness memory can also be distorted when witnesses are given leading questions or information. For instance, in one experiment found that telling participants to estimate how fast the car was going affected their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention skills, stress levels as well as health conditions, prejudice, prior experiences, cognitive state, confidence or degree of certainty as well as a suggestion of questioning, biased lineups and racial or personal bias. Although many experts will insist on the credibility of eyewitness testimony, it is vital to inform law enforcement agencies and jury members about the possibility of error. In certain cases, incorrect eyewitness testimony has been the cause for wrongful convictions or even murder. In 2018, the Innocence Project proved that the fingerprints that were found on a cup which a witness used to identify the suspect during a burglary, were not those of Royal Clark's. Vehicle Inspection As a rule, vehicle inspections are required every year. Certain vehicles, for instance those that are privately owned or with expired inspection stickers might require regular inspections. It is also mandatory in certain situations, for instance when residents of New York moves and needs to change their address, it is required that their vehicle be inspected before the new stickers can be issued. When an inspector conducts an inspection they begin by confirming a few details such as the car's model and make and registration date and odometer reading and others. The inspector will then examine the vehicle, beginning with the obvious areas, such as the windshields and mirrors as well as the lights and horn. There are a variety of checklists to ensure a thorough inspection has been conducted, which includes inspecting things like suspension parts that are rusty and rusty. motor vehicle accident lawsuit paterson are expected attentive on the road and to keep an eye out for other drivers, pedestrians, and potential hazards. Inability to do this could be considered negligence. It is also the driver's responsibility to ensure that they are in control of their vehicle at all time. A vehicle that is defective can lead to a loss of control over the vehicle which can cause severe injuries. It is also possible that the vehicle's manufacturer could be held accountable under the law of product liability in the event that the accident was caused by a defect in the car or the components of it. Defective Parts or Components For a vehicle to function effectively, thousands of tiny electrical and mechanical components must work together. If one of these parts fails, the consequences can be devastating. These accidents are typically the result of manufacturing faults or other problems with the design or construction an element. If a car part that is defective is the reason for an accident, the responsible party is likely to be responsible for paying the victims of the crash for their injuries. Many people believe that all accidents involving cars are caused by human error. While 94 percent of accidents are caused by driver errors, there are also other factors like road conditions and defective parts that could cause an accident. Defective auto parts include brakes, tires, seatbelts and airbags or any other component which is unable to perform as intended, leading to an accident. Sometimes, these defects result from aftermarket improvements that weren't designed with the same care as the original parts on the vehicle. Sometimes, the flaw can be found in the original design of the part. Manufacturers are required to create cars that meet minimum safety standards. If the vehicle, or one of its components, were not constructed or designed according to meet these standards, the manufacturer is liable for any damages that result from an accident caused by a defect in the part. Insurance Coverage Most states use the tort liability system which requires drivers to have insurance in case their misconduct or negligence causes injury to others. Liability insurance covers bodily injury liability and property damage liability. Bodily injury liability pays for your medical bills as well as the medical expenses of those injured in a crash caused by your vehicle, up to the policy limits. Typically, there is a separate limit for each person injured and a unified limit for the total amount of property damage. Some insurers offer optional policies with higher limits for these kinds of damages. Insurance for property damage will pay to repair or replace your car when it is damaged any way other than by collision. This includes theft, fire windstorm, or collisions with deer. It may also cover damage to your car caused by driving over potholes. This type of insurance is mandatory in New York and some other states. In many states there are many states where uninsured or underinsured motorist insurance (UM/UIM) is a requirement. However, certain states require it only when the driver at fault does not have insurance. This insurance covers property and medical expenses in the event that the at-fault driver does not have insurance or is uninsured.