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What Is a Motor Vehicle Case?A motor vehicle case is a personal injury lawsuit involving an accident involving a motor vehicle. While the majority of cases are governed by common law concepts however, there are a few issues that are specific to this particular area.Under New York law, owners of vehicles are liable for accidents that occur when their vehicles are being operated with their consent, whether express or implied. Our dedicated legal team handles these cases on a contingency basis.Eyewitness TestimonyEyewitness testimony can be an invaluable addition to other evidence in a motor vehicle case. This type testimonies often helps identify the perpetrator of a crime or provide details on how the crash occurred. There is a large body of research that suggests that eyewitness accounts are often not accurate.Witnesses are prone, for example, to make errors when recollecting an object's color or shape. Perceptual distortions, such as memory loss, may cause a person to miss the specific incident.In addition, the memory of witnesses may be affected by questions that lead to or other information that is provided to a witness. Researchers found that in one study asking participants to estimate the speed of a vehicle influenced their responses. Other factors that influence the accuracy of eyewitness accounts include age, attention skills, stress levels and health issues, prejudice, previous experience, cognitive status, confidence or degree of certainty as well as a suggestion of questioning, biased lineups and personal or racial 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 error. In some instances, eyewitness testimony that is not correct can lead to wrongful convictions or even murder. In the case of 2018, for instance, the Innocence Project was able to establish that the fingerprints on a cup used by an eyewitness to identify the suspect in a burglary were not the Royal Clark's.motor vehicle accident lawsuit des moinesAs a rule inspections for vehicles are required every year. Some vehicles, such as private-sale vehicles or those with expired inspection stickers may require regular inspections. In certain situations, like when a New York resident moves and has to change their address, it's mandatory to have the vehicle examined prior to the issuance of new stickers.An inspector will first confirm a few details including the make and model of the car, its registration date, odometer reading and so on. They then examine the vehicle's interior, beginning with the obvious areas like mirrors, lighting, windshields, and horn. There are several checklists that will ensure that a thorough inspection is completed, which includes the detection of things like corrosion or suspension parts.Drivers are expected to be vigilant on the road and keep an eye out for other drivers, pedestrians and any potential hazards. Inability to do this could be regarded as negligence. A driver must also be in control at all times. A vehicle that is defective could cause the vehicle to lose control, resulting in serious injuries. The manufacturer of a vehicle may be held liable for the accident if it was caused by an auto defect or component part.Components or Parts that are defectiveTo make a car function correctly, thousands and thousands of tiny mechanical parts and electrical components have to work together. If one of these components fails, the consequences can be devastating. Most of the time, these accidents are the result of manufacturing defects or other issues in the construction or design of a particular part. If a car part that is defective is the cause of an accident, the person responsible may be liable to compensate the victims of the crash for their injuries.Many people believe that all accidents involving cars are caused by human error. While 94 % of car crashes are caused by driver error, there are other factors that can cause a wreck like road conditions and deficient auto parts.Defective car parts include brakes tires, seatbelts, airbags and any other component that may not function as designed and lead to an accident. These defects can result from parts sold by the aftermarket that weren't created with the same care as original parts on a car. Other times, the flaw can be found in the original design of a specific component.Manufacturers are required to produce vehicles that meet minimum safety standards. If the vehicle, or one of its parts, was not designed or constructed in accordance with these standards, the maker may be held liable for any damages resulting from an accident caused by a defective part.Insurance CoverageMost states use a tort liability system that requires drivers to carry insurance in the event their actions or negligence causes injury to another. Liability insurance covers bodily injury liability and property damage liabilities.The bodily injury liability covers your medical costs and those of others who are injured by your car in an accident as long as you meet the policy limit. There is typically an amount for each injured person, and a limit for all property damage. Certain insurance companies offer policies with higher limits for the kind of damages.Property damage insurance will pay to repair or replace your car if it is damaged in any way other than collision. This includes fire, theft windstorm, or the impact of a deer. It can also cover damage that is caused by driving over potholes. This type of insurance is mandatory in New York, among other states.Uninsured and underinsured motorist coverage (UM/UIM) is mandatory in many states, though some require it only if the driver at fault has no insurance or has inadequate insurance. This insurance covers you or your passengers for your loss of property and medical expenses if the at-fault driver has no insurance, is uninsured, or involved in a hit-and-run accident.
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