Although car accidents in New York are becoming increasingly less common, they unfortunately still happen. When they do, it’s important to know what to do and who to call. But what if your car was the cause of the accident?
Vehicle defects can cause car accidents in a number of ways. For example, if your car’s brakes fail, you could rear-end the vehicle in front of you. If your car’s tires are bald, you could lose control on a slick road. Or, if your car’s steering system fails, you could veer into oncoming traffic in New York.
A car accident lawsuit in New York can be incredibly complicated, especially if your car was at fault. If you’re involved in a car crash caused by a defective car, it’s important to know that you yourself may not be at fault. The car manufacturer could be held liable for any injuries or damages resulting from the auto accident. Car accident lawsuits are complex, and it’s important to have NYC car accident attorneys on your side.
This article will discuss the common causes of defective car accidents, who is at fault, and why you should hire an attorney in New York. This will help you understand your legal rights and options if you’re involved in such an accident.
What Constitutes a Defective Car Accident in New York State?
In New York, a car accident is considered to be caused by a defective car if the car had a mechanical failure that contributed to the accident. This could be something as simple as a blown tire or faulty brakes. It could also be something more serious, like a steering system failure.
If the police determine that a mechanical failure was the cause of the accident, they will likely issue a traffic ticket to the driver of the defective car. The driver will then be required to appear in court and could be fined or even have their license suspended.
In some cases, the driver of the defective car may not be held responsible for the accident. This is typically the case if the other driver was at fault for the accident, such as if they were speeding or running a red light in the streets of New York.
However, if the driver of the defective car was partially at fault for the accident, they may still be held liable for any damages caused. For example, if the driver of the defective car was speeding and rear-ended another motor vehicle, they would likely be found responsible for the accident. When multiple parties are found at fault for an accident, the damages are typically split among them based on their degree of fault.
So, if you’re involved in a car accident in New York, the first thing you should do is determine whether or not the other driver was at fault. If they were, you might be able to recover damages from them. However, if the other driver was not at fault, you’ll likely need to file a claim with your own insurer.
The second thing you should do is determine whether or not your car was defective. If it was, you’ll need to hire experienced New York City car accident lawyers to help you navigate the legal process and recover any damages you may be entitled to.
How To Prove That Your Car Was Defective at the Time of the Accident?
An NYC car accident can be a very traumatizing experience. Not only are you dealing with the physical injuries, but also the psychological shock of the event. On top of that, you have to deal with the financial burden of repairs, hospitalization, and missed work days. If your car was defective at the time of the accident, you might be able to file a claim against the manufacturer.
There are three main elements that you will need to prove in order to have a successful motor vehicle accident case:
- The car had a defect at the time of the accident.
- The defect caused the accident.
- You were not at fault for the accident.
The first element is the most important one. You will need to prove that your car had a defect when the accident occurred. This can be done in a few different ways. The easiest way is if you have documentation from a New York mechanic that shows that the car had a defect before the accident. Another way is to find witnesses who saw the defect before the accident happened.
The second element is to prove that the defect caused the accident. This can be done by showing that the car would not have crashed if it were not for the defect. For example, if you have a picture of the accident scene, you can show that the car would not have hit the tree if it were not for the defective brakes.
The third element is to prove that you were not at fault for the accident. This can be done by showing that you were not speeding, you were not under the influence of drugs or alcohol, and you were not distracted at the time of the accident.
If you can prove all three of these elements, you have a strong car accident case against the car manufacturer. You should then hire an experienced car accident attorney in New York to help you with your case. They will be able to investigate the accident and gather evidence to support your claim and get you the compensation you deserve.
Common Causes of an Accident With a Defective Vehicle
There are many different causes of car accidents in New York, but some of the most common ones involve defective vehicles. Here are some of the most common defects:
Defective Brakes
Brake failure is one of the most common causes of NYC car accidents. If your brakes fail, you will not be able to stop your vehicle, which can lead to serious accidents.
Faulty Steering
Another common cause of NYC car accidents is faulty steering. This can happen when the steering wheel is not properly aligned or when the power steering fails.
Tires That Are Bald or Have Too Little Tread
Another common cause of car accidents in New York is bald or poorly treaded tires. This can be extremely dangerous, as it can cause your vehicle to lose traction and skid.
Wiring Problems
Wiring problems can also cause car accidents. This is because if the wiring is not properly connected, your car may short-circuit and stop working. In the worst possible scenario, your car could catch fire.
Malfunctioning Airbags
Airbags are designed to protect you in the event of an accident, but if they malfunction, they can actually cause catastrophic injuries. This is why it is so important to have your airbags inspected regularly by New York City car mechanics.
Seat Belt Problems
If the seat belts in your car are not working properly, they can fail to keep you secure in the event of an accident. This can lead to serious injuries or even death. It is common that some of these accidents occur due to the fact that many people do not know how to use their seat belts properly.
Accelerator Sticking
Another common cause of car accidents is when the accelerator sticks. This can happen if there is something caught in the accelerator or if the accelerator itself is defective. If the accelerator sticks, you will not be able to stop your motor vehicle, which can lead to a serious accident.
Windshield Wipers Not Working
Another common cause of car accidents is when the windshield wipers are not working. This can be extremely dangerous, as it can prevent you from seeing in front of you, especially in bad weather conditions.
Who Is at Fault?
Automobile defects can cause car accidents in a number of ways. If you have been hurt in an accident caused by a defective car, it is important to know who may be at fault.
There are three main ways that a car defect can cause an accident:
- A design defect occurs when there is a flaw in the car’s design that makes it dangerous. For example, if a car has a design defect that causes it to catch fire easily, anyone who drives that car is at risk of being involved in an accident.
- A manufacturing defect occurs — when something is wrong with the car’s manufacturer. For example, if a car’s brakes are not installed correctly, anyone who drives that car is at risk of being involved in an accident.
- A marketing defect occurs when there is something wrong with the car’s warnings or instructions. For example, if a car’s manual does not warn drivers of potential danger, anyone who drives that car is at risk of being involved in an accident in New York.
If you have been involved in an accident caused by a defective car, it is important to know who is at fault. If you were injured because of a design defect, the car’s manufacturer may be at fault. If you were injured because of a manufacturing defect, the car’s manufacturer or the company that installed the defective part might be at fault. If you were injured because of a marketing defect, the car’s manufacturer or the company that distributed the car might be at fault.
Those injured in an accident caused by a defective car should seek the help of a lawyer to determine who is at fault. An NYC car accident lawyer will investigate the cause of the accident and hold the responsible and liable parties accountable.
What To Do if You Are Injured in a Defective Car Accident
No one expects to be involved in a car accident. But, car accidents do happen — even if you are a careful driver. If your car is defective, the chances of being involved in an accident go up exponentially. If you are involved in an accident, there are a few things you should do:
- Seek medical attention — Even if you think your injuries are minor, it is important to seek medical attention. Some injuries may not be immediately apparent but could become more serious over time.
- Call the New York City police — The police will create a report of the accident, which will be important if you need to file an insurance claim or personal injury lawsuit.
- Take pictures — If you are able, take pictures of the accident scene, your injuries, and the damage to your car. These pictures will be important evidence in your case.
- Get witness information — If there are any witnesses to the accident, be sure to get their contact information. Their testimony could be important in your case.
- Do not sign anything — The insurer will likely try to get you to sign a release of liability. Do not sign anything without first speaking to an attorney.
- Contact an experienced lawyer In New York — An experienced lawyer will protect your right to compensation and help you navigate the legal process.
How To File a Claim for Damages After a Defective Car Accident
If you have been involved in an accident caused by a defective car, you may be entitled to recover compensation for your injuries and damages. The first step in filing a personal injury claim or wrongful death claim is to contact an experienced car accident lawyer. An experienced attorney in New York will review the facts of your case and help you determine who is at fault. The lawyer will then help you file a claim for damages with the responsible party.
The insurer will likely try to settle your claim for as little money as possible. The insurance adjuster may even try to get you to sign a release of liability. Do not sign anything without first speaking to an attorney. You could be signing away your right to recover compensation.
Defenses Against Defective Car Accident Claims
There are a few defenses that an insurance company may try to use to avoid paying damages in a defective car accident claim. One common defense is that the car was not actually defective. They may try to prove that the car was properly maintained and that the accident was caused by something else, such as driver error.
Another defense is that the driver knew about the defect and chose to continue driving the car anyway. The insurance company may try to prove that the driver was aware of the danger and chose to ignore it. This defense is often used in personal injury cases where the driver did not have the proper insurance coverage for a defective car.
Finally, the insurance company may try to prove that the driver was not actually injured in the accident. The insurer will try to find evidence that the injuries were pre-existing or that they were not caused by the accident. This defense is often used in an auto accident case where the driver did not seek medical treatment immediately after the accident.
Punitive Damages in Defective Car Accident Cases
In some cases, the court may award punitive damages to the car accident victims of a defective car accident. Punitive damages are designed to punish the person or company responsible for the accident and to deter others from engaging in similar conduct. Punitive damages are awarded in addition to compensatory damages, designed to reimburse accident victims for their losses.
Punitive damages are typically only awarded in cases where the responsible party acted with willful disregard for the safety of others. In car accident cases, punitive damages are often awarded when the accident was caused by a defective car that the manufacturer knew was dangerous.
The plaintiff must prove that the defendant had knowledge of the defect and chose to continue selling the car anyway. The plaintiff must also prove that the accident was caused by the defect and that they suffered serious injuries as a result of the accident.
Cost-benefit analysis is a common defense against punitive damages. The manufacturer will argue that they did not know about the defect or that the benefits of selling the car outweighed the risks. However, this defense does not always work; in some cases, the court will still award punitive damages and lost wages to the injury victims.
In this process, the court will consider the severity of the defect, the company’s profits from selling the car, and the injuries suffered by the victim. Punitive damages can be very high in some cases, and they are often used to deter future auto accidents from happening.
Why Should You Hire a Car Accident Lawyer in New York City?
Hiring dependable car accident attorneys should be a top priority if you’ve been involved in an accident. New York is a no-fault state when it comes to car accidents, meaning that your own insurance company will cover your damages, regardless of who was at fault for the accident.
However, many people don’t realize that their insurer may not give them the full amount they are entitled to.
You need a New York lawyer to fully protect your rights and ensure you receive the compensation possible for your injuries and damages. Here are four reasons why hiring car accident attorneys are in your best interest:
Knowledge and Experience
A car accident attorney will have the knowledge and experience to deal with the complexities of your case. They will know how to effectively negotiate with car insurance companies to get you the best possible settlement.
Proper Investigation
Your lawyer will conduct a thorough investigation of the accident to identify all potential sources of liability. This will ensure you are compensated for all your losses, including property damage, lost wages, and medical expenses.
Handling of Paperwork
Your lawyer in New York will handle all the necessary paperwork and communicate with the insurance companies on your behalf. This will allow you to focus on your recovery while your lawyer deals with the stress of the claims process.
Trial Experience
If your case goes to trial, you will want a lawyer in New York with trial experience to represent you. They will know how to present your case in the best light and argue for the best compensation possible.
Avoid Financial Burden
A car accident can be a financial burden, especially if you have to miss work due to your injuries. Hiring a car accident attorney will ensure that you receive the full compensation you are entitled to so you can focus on your recovery without the stress of financial worries on your medical bills.
Hire a New York Car Accident Lawyer Today — Choose The Pagan Law Firm
If you’ve been involved in a car accident, don’t wait to hire an NYC car accident lawyer. The sooner you have legal representation, the better. At The Pagan Law Firm, we have over 30 years of experience handling car accident cases in New York City. We are a personal injury law firm in New York that will fight for you to get the best compensation possible for your injuries and damages.
Our legal team will conduct a thorough investigation of your accident, handle all the paperwork and communication with the insurance companies, and aggressively fight for your rights in court. We have a proven track record of success in car accident cases and are ready to put our experience to work for you.
The Pagan Law Firm Difference
When you hire The Pagan Law Firm in New York, you can be confident that you’re hiring a car accident attorney who will:
- Fight to get the maximum compensation possible.
- Handle all the paperwork and negotiations.
- Keep you updated throughout the process.
- Be available to answer your questions 24/7.
- Provide a free consultation.
Contact Us Today
If you’ve been involved in a car accident in New York City, don’t hesitate to contact The Pagan Law Firm today. We offer free consultations so that we can review your case and answer any questions you have. Call us at (212) 967-8202 or fill out our online form to get started.