We can never be sure about whether other drivers are getting their vehicles serviced regularly. Unfortunately, some drivers ignore vehicle maintenance, cut corners, try to perform it themselves, or do not ensure that they are taking their vehicles to a reputable repair shop.
In other situations, our own vehicles may be the cause of a crash. If you trusted someone to perform repairs or routine maintenance on your vehicle, and they did not do their job appropriately, you may be able to hold them responsible for the outcome.
If you were hurt in this type of accident, a Long Island faulty or neglected vehicle maintenance accident lawyer from Morelli Law Firm can help you. We may be able to coordinate your insurance claim or lawsuit while you dedicate your energy to your recovery. Although no amount of compensation can truly fix the pain, stress, and disruption that an accident has caused in your life, it can assist you with some of the financial hardships that you and your loved ones may be facing.
Call Morelli Law Firm today to speak with one of our team members at (212) 751-9800. We offer free consultations to car accident victims on Long Island. Our staff is standing by to discuss your car accident, its cause, and your legal options.
Faulty or Neglected Vehicle Maintenance Causes Accidents
There are many different ways that faulty or neglected vehicle maintenance could have been involved in the accident that you experienced. Mechanical issues or maintenance errors can cause an accident due to:
- Bald, cracked, or old tires
- Worn or improperly installed brakes
- Engine issues
- Old wiper blades that do not work
- Headlights or brake light bulbs that are out
- Damaged parts of a vehicle that fall off and enter the road, such as a bumper
Depending on how the accident was caused, multiple parties could be at fault:
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
When Your Car Is the Issue
Sometimes there is a faulty part in your vehicle that you are not aware of until it is too late and an accident has happened. This type of accident could be due to a poorly done brake job, alignment, or a negligent inspection at an auto shop.
If this happens, you may be able to hold the negligent mechanic or auto shop responsible for your accident liable for your damages. Because vehicle maintenance and repair can be complex and difficult to understand, a third-party mechanic or accident reconstruction expert can tell you whether mechanic negligence was a factor in your accident.
When the Other Car Is the Issue
If you were involved in a multi-car accident, the other vehicle might have caused the accident due to a repair or maintenance issue. If a driver does not maintain their vehicle well or get it maintained at a trustworthy repair shop, they may cause an accident. Without good maintenance, a driver may lose control of the vehicle, have poor lights or signals, and lack the ability to stop when needed.
A Long Island faulty or neglected vehicle maintenance accident lawyer from Morelli Law Firm may be able to investigate your crash and help you identify the responsible party in your case.
For a free case review with our car accident team, call Morelli Law Firm at (212) 751-9800.
Proving Fault in a Faulty Repair or Neglected Vehicle Maintenance Car Accident
Regardless of which vehicle was to blame for the accident, you will likely need to show that another person is at fault for your faulty repair or neglected vehicle maintenance accident.
If we are examining a situation where your car’s faulty maintenance was to blame, you may need to prove fault against whoever was supposed to fix or maintain your vehicle. If we are talking about a situation involving someone else’s car, you may need to show that they did not act responsibly.
Both situations fall under the category of personal injury. This type of claim typically requires the plaintiff to establish four key elements of liability in order to receive compensation:
- Duty: the plaintiff must prove that the defendant owed them a duty to act with reasonable care and skill regarding the repair or maintenance of the vehicle.
- Breach: the plaintiff must prove that the defendant did not act according to that standard in repairing or maintaining the vehicle.
- Causation: the plaintiff must prove that the defendant’s failure to act according to this standard was the direct cause of the injuries that happened.
- Damages: the plaintiff must be able to provide evidence supporting the amount of compensation that they are requesting in the claim.
Morelli Law Firm may be able to gather many different types of evidence to support these elements. This evidence may include:
- Eyewitness testimony
- Video footage
- Medical records
- Police reports
- Maintenance records
- Statements from automobile accident experts
Damages in a Car Accident Case
If you are able to prove all of the necessary elements of liability, then you can request compensation from the defendant. There are a few different categories of compensation that a plaintiff in New York may be able to claim, such as:
- Past medical expenses
- Future medical expenses for ongoing care
- Missed paychecks
- Reduced earning capacity
- Property damage
- Pain and suffering
Call Morelli Law Firm Today
A Long Island faulty or neglected vehicle maintenance accident lawyer from Morelli Law Firm can take care of all the aspects of pursuing your claim while you focus on getting your life back together. We can:
- Communicate with all parties
- Gather all evidence
- File your insurance claim or lawsuit
- Negotiate for a settlement
- Take your case to trial
Note that there is a general three-year time limit to file a personal injury lawsuit in New York, per New York Civil Practice Law and Rules (CVP) §214.
To learn more about our services in a free case review with a member of our team, call Morelli Law Firm at (212) 751-9800The Insurance Information Institute (III) reported that in 2017, over 3,400 people lost their lives in head-on collisions. Although this number makes up about 10 percent of all fatal crashes, the injuries that victims suffer in head-on collisions are among the most severe.
If you or a loved one suffered injuries in a head-on collision, a Long Island head-on collisions lawyer may be able to help you pursue compensation. Get in touch with Morelli Law Firm, and call us at (212) 751-9800 today. Our firm works on a contingency fee basis, meaning we will not charge you any attorney’s fees unless you win a financial award.
Learn About the Factors that Lead to Head-On Collisions
All drivers owe other road users a duty of care. A driver can breach this duty of care, which ultimately can cause an accident, leading to your injuries. This behavior is negligent and might even be considered reckless, especially if they were speeding or under the influence of drugs or alcohol.
Still, two common factors that cause a head-on collision to occur are:
According to the U.S. Department of Transportation (USDoT), wrong-way driving occurs when a driver is traveling against the legal flow of traffic, typically on a highway. About 300 to 400 people die from wrong-way driving every year in the United States. These kinds of accidents can happen when someone is driving under the influence, and their motor skills and cognition are compromised.
Failure to Yield
Sometimes, a driver might be speeding or distracted and might not yield to oncoming traffic or pedestrians in time. They might not notice other road users coming or crossing and end up causing a head-on collision. This breach of duty of care can happen at stoplights, intersections, roundabouts, and other road signals.
Damages Often Result from Head-On Collisions
Head-on collisions can happen when a vehicle is traveling at high speeds. In these cases, both drivers and passengers can suffer severe injuries, and they can be either temporary or permanent.
Victims of head-on collisions might suffer one or more of the following injuries:
- Traumatic brain injuries (TBI) and other head injuries, like concussions, contusions, anoxic brain injuries, and penetrating brain injuries
- Spinal cord injuries, like bulged or herniated disks
- Internal bleeding
- Bruises, burns, or lacerations
- Broken or fractured bones
If the accident was not your fault, it should not be on you to pay for the expenses related to the head-on collision. You might be able to get compensated for your expenses and losses, which can be categorized into two types of damages. The first category is economic damages, which are losses that have a monetary value. Some examples include:
- Medical bills, such as emergency transportation, X-rays, blood tests, CT scans and MRIs, medications, surgeries, doctor’s appointments, and chiropractic and physical therapy sessions
- Lost income if you were or currently are not able to work due to your injuries
- Property damage if your vehicle and other belongings were damaged and needed to be repaired or replaced
The second category is noneconomic damages. Contrary to the former type of damages, these do not hold any dollar value. Examples may include:
- Physical and emotional pain and suffering
- Loss of quality of life
- Loss of companionship if you lost a loved one in the accident
Calculating the value of all your damages might seem overwhelming. However, a Long Island head-on collisions lawyer can help you figure this out and pursue compensation. Reach out to Morelli Law Firm now at (212) 751-9800.
Know About New York’s Statute of Limitations
Every state has a statute of limitations that dictates how long someone has to file a lawsuit against another party. In New York, you generally have three years to file a personal injury lawsuit, according to the New York Civil Practice Law & Rules (CVP) §214. If your loved one died in a head-on collision, the New York Estates, Powers, & Trusts Law (EPT) §5-4.1 says that you typically have two years to file for wrongful death on your loved one’s behalf.
Be sure to file your lawsuit quickly. Once the statute of limitations is over, you might not be able to collect any financial awards for your injuries and losses. In this case, it is your responsibility to pay for your accident-related expenses.
However, your corresponding deadline may be tolled under certain circumstances. For example, this might occur if one of the parties involved was a minor. The statute of limitations would then begin on the day they turn 18. You might want to consider talking to a lawyer to learn more about meeting the statute of limitations.
What a Lawyer Can Do for You
It might be very overwhelming to be in pain and try to file a lawsuit at the same time. This is where a lawyer can provide assistance. While helping you meet New York’s statute of limitations, a lawyer can also:
- Gather evidence from the accident, including photos of your resulting injuries or video surveillance of the accident
- Interview witnesses
- Negotiate with the other party’s insurance company on your behalf
- Talk to the doctors treating you for your accident-related injuries and get an idea of the costs and length of your recovery
According to the Bureau of Justice Statistics (BJS), most cases are settled outside of court. However, if your lawyer and the other party’s legal team cannot negotiate a fair settlement, you can take your case to trial. One of our lawyers can represent you and fight for your compensation.
Get Help from Morelli Law Firm Today
Being involved in a head-on collision can be a very traumatic experience—both physically and mentally. It might take months for you to get back to your normal routine. With that, it is important for you to focus on your recovery. In doing so, a Long Island head-on collisions lawyer can handle your case and help you get the compensation you need. Consider getting in touch with Morelli Law Firm, and call (212) 751-9800 today for a free case consultation.