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Motor Vehicle Attorneys: What's The Only Thing Nobody Is Talking About
What Is a Motor Vehicle Case?

A motor vehicle case is a personal injury lawsuit that involves an accident involving a motor vehicle. While the majority of cases are governed by common law principles There are a few aspects that are specific to this area.

Under New York law, owners of vehicles are accountable for accidents that occur when their vehicles are operating without their permission, either express or implied. Our legal team deals with these cases on a contingency basis.

Eyewitness Testimony

Eyewitness testimony can be a useful addition to other evidence in relation to motor vehicle cases. This type of testimony can be used to identify the perpetrators of crimes or provide information on how the incident occurred. However there is a huge research that indicates that eyewitness identifications are often inaccurate.

For instance, witnesses are susceptible to making errors when they try to recall the color of an object or its shape. Additionally, perceptual distortions -- like fading memories can also distort a witness's recall of a specific incident.

Additionally, the memory of witnesses can be altered by leading questions or other information given to a witness. Researchers found that in one study asking participants to estimate the speed of a car influenced their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention capability, stress level, health conditions, prejudice, previous experiences, cognitive state, confidence or level of certainty, suggestive questioning, biased lineups and racial or personal bias.

Although motor vehicle accident law firm spokane affirm that eyewitness testimony can be trusted but there is a need to sensitize law enforcement agencies and jurors regarding the possibility of errors in this type of evidence. In some cases, eyewitness testimony that was not accurate has led to wrongful convictions or even murder. In 2018, the Innocence Project proved that the fingerprints found on a coffee cup, which a witness used to identify the suspect in a burglary, were not the Royal Clark's.

Vehicle Examining

In general vehicle inspections are required each year. Certain vehicles may need to be checked more often like those sold via private sales or those that have an expiring inspection sticker. It is also a requirement 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 can be issued.

The inspector will verify some of the details, such as the make and model of the car, its registration date and odometer read, and so on. They then examine the vehicle, starting with the most obvious areas like mirrors, windshields, lights and horn. There are several checklists to ensure that a thorough inspection has been completed, including the inspection of things like rust and suspension parts.

Drivers are expected to be alert on the road and to look out for pedestrians, other drivers, and potential hazards. Failure to do this could be considered negligence. It is also a driver's responsibility to ensure that they are in control of their vehicle at all at all times. A vehicle with a defect could lead to a loss of control of the vehicle, that can result in severe injuries. It is also possible that the car's manufacturer could be found liable under the law on product liability in the event that the accident was caused by a defect in the vehicle or any of its components.

Defective Parts or Components

To function properly, thousands of tiny electrical and mechanical parts must work together. If one of these parts fails, the results can be devastating. Often, these accidents are the result of manufacturing defects or other issues in the construction or design of a particular part. When a malfunctioning car part is the cause of an accident, the responsible party could be responsible for compensating the crash victims for their 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 but there are other causes that can trigger a crash such as road conditions and defective auto parts.

Defective auto parts include brakes, airbags, seatbelts and tires or any other device that is unable to perform as intended, leading to an accident. These issues could be the result of parts sold by the aftermarket that weren't constructed as well as the original parts on a car. Sometimes, the problem is present in the original design of the part.

The manufacturers are required to make vehicles that meet minimum safety standards. If the vehicle, or any of its components, was not designed or built in accordance with these standards, the maker may be held liable for any damage resulting from an accident caused by a defective component.


Insurance Coverage

In the majority of states, drivers are required to carry insurance if their negligent or conduct causes harm to others. Liability coverage includes bodily injuries as well as property damage liabilities.

The bodily injury liability covers medical expenses and the medical expenses of anyone else injured by your vehicle in an accident as long as you meet the policy limit. There is usually a limit per injured person and a limit for all property damage. Certain insurers offer policies with higher limits on these types of damages.

Property damage insurance pays to repair or replace your vehicle when it is damaged by an event other than a collision with another vehicle or other object, like theft, fire, windstorm and the impact of deer. It can also cover damage that is 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 is not insured or has inadequate insurance or insufficient insurance. The coverage pays for property and medical damages in the event that the at-fault driver has no insurance or is underinsured.

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