What Is motor vehicle accident attorneys gainesville ?
A motor vehicle case refers to any personal injury lawsuit that involves an accident in a motor vehicle. While the majority of cases are governed by common law principles but there are some legal issues which are unique to this area.
Under New York law, owners of vehicles are liable for accidents that occur while their vehicles are operated with their permission, whether explicit or implied. Our legal team is dedicated to handling these cases on a contingency basis.
Eyewitness Testimony
Eyewitness testimony can provide an invaluable addition to other evidence in a motor vehicle case. This type of testimony can be used to identify the perpetrators of crime or provide information about how the accident occurred. There is a large body of research that shows that eyewitness accounts are often not accurate.
Witnesses are more likely to make mistakes when recollecting an object's color or shape. In addition, perceptual distortions -- such as fading memories can also alter a person's memory of a specific incident.
Witness memory can also be altered when a witness is presented with leading questions or information. For instance, researchers in an study found that asking participants to estimate how fast the car was travelling influenced their answers. Other factors that affect the credibility of eyewitness testimony include age, attention, skill, stress level, health issues, prejudice, previous experiences, cognitive state, confidence or degree of certainty and suggestive questions, biased lineups and racial or individual bias.
Although many experts claim that eyewitness testimony is able to be relied upon however, it is important to educate law enforcement agencies and jurors about the possibility of error in this kind of evidence. In some cases, eyewitness testimony that was incorrect has led to wrong convictions or even murder. For instance, in the year 2018 the Innocence Project was able to establish that the fingerprints on a cup used by a witness to identify the suspect in a burglary not that of Royal Clark's.
Vehicle Inspection
In general inspections of vehicles must take place every year. Certain vehicles, like those that are privately owned or with inspection stickers that are expired, might require more frequent inspections. In certain situations, for instance, when someone who is a New York resident moves and has to change their address, it's required to have the vehicle examined prior to issuance of new stickers.
The inspector will verify some of the details including the make and model of the car, its registration date, odometer reading and so on. They then begin to examine the vehicle, starting with the most obvious parts like mirrors, the windshields, the lights and horn. There are numerous checklists to ensure an exhaustive inspection is completed, which includes looking for things like rust or suspension parts.
Drivers must be alert and keep an eye out for pedestrians, motorists, and potential hazards. Failure to do this can be construed as negligence. It is also the driver's responsibility to ensure that they are in control of their vehicle at all at all times. A vehicle with a defect could cause a loss in control of the vehicle which could cause serious injuries. The manufacturer of a vehicle may be held liable for the accident in the event of an automobile defect or part.
Parts or Components with Defective Components
For a vehicle to function effectively, thousands of tiny electrical and mechanical components must work in harmony. When one of these parts fails, the results can be devastating. Often, these accidents are caused by manufacturing defects or other problems in the design or construction of a specific part. When a defective car part is the reason for an accident, the person responsible may be liable to compensate the victims of the crash for their injuries.
Many people believe that all auto accidents occur because of human error. While 94 percent of crashes are caused by driver mistakes but there are other factors, such as roads and parts that are defective that can cause an accident.
Defective auto parts include brakes and airbags, seats and tires or any other device that is unable to perform as intended, leading to an accident. Sometimes, these issues are caused by aftermarket modifications that weren't designed with the same level of care as the initial parts on a vehicle. Sometimes, the issue may be present in the design of a specific part.
Manufacturers are required to create vehicles that meet the minimum safety standards. If a vehicle, or even one of its parts, was not constructed or designed according to these specifications the manufacturer is liable for any damage resulting from an accident caused by a defect in the part.
Insurance Coverage
Most states follow a tort liability system that requires drivers to carry insurance in the event their actions or negligence causes injury to another. Liability coverage includes bodily injury liability as well as property damage liability.
Bodily injury liability pays for your medical bills and the medical bills of anyone else injured in a collision caused by your vehicle, up to the limits of your insurance policy. Typically, there is an additional limit for each person injured, and a single limit for the total amount of property damage. Some insurers offer policies with higher limits on these kinds of damages.
Property damage insurance will cover to repair or replace your vehicle when it is damaged any other way than collision. This includes theft, fire storm, windstorm, or even the impact of a deer. This insurance may also cover damage that is caused by driving over potholes. This type of insurance is required in New York, among other states.
Uninsured and underinsured motorist coverage (UM/UIM) is required in many states, though some require it only if the at-fault driver does not have insurance or is not insured at all. This insurance covers you or your passengers for medical and property losses when the at-fault driver does not have insurance, is underinsured or is involved in a hit-and run crash.