Not all car accidents are due to careless or reckless traffic violations. Instead, a mechanical failure, broken part, or other vehicle issue may be to blame. When this happens, the case becomes much more complex. However, you can still seek compensation from the individuals or business responsible for your injuries.
A New York faulty or neglected vehicle maintenance lawyer from our firm may be able to help you uncover the causes of your car accident and identify the liable parties. These liable parties could be the vehicle owner, a parts manufacturer, or those tasked with maintaining or repairing the vehicle.
We Can Help Build a Car Accident Case
If you have reason to believe that your car accident could have been prevented with proper vehicle maintenance, a car accident attorney from our firm may be able to file suit on your behalf.
Why hire a lawyer at all? Cases involving vehicle maintenance can be complex, and it can take a great deal of time and effort to pull together enough evidence from experts, eyewitnesses, documentation, and other sources to create a convincing case. Our team knows just how to handle such cases.
Most of all, you deserve the chance to focus on rebuilding your life without the added hassle of trying to manage a lawsuit alone.
What Our Team Does
You can count on the entire team at Morelli Law Firm to help you build the strongest possible case. We have the resources and know-how to:
- Protect your rights
- Evaluate your case at no charge and help you understand if you qualify to pursue a fault-based insurance claim or suit
- Manage all communication about your case
- Prove you qualify to file a third-party liability case
- Gather evidence to support your allegation
- Determine how much money you may be eligible to recover
- Negotiate with the insurance company for the settlement you deserve – or represent you in court if they refuse to engage in good-faith negotiations
- Take no payments from you up front and only accept attorney’s fees after we recover a payout
We have years of experience handling personal injury cases of all sizes and have recovered over one billion dollars for our clients. Morelli Law Firm is not afraid to explore all legal options – including going to court – to secure the compensation you deserve.
Damages in Car Accident Cases
While there may be limits to the types and amounts of damages available, depending on what type of suit you file and why, filing suit against the party or parties responsible for your accident could allow you to recover a wide range of losses.
Some examples of damages that may be available in this type of car accident case include:
- Medical treatment and care
- Lost wages
- Reduced ability to earn a living
- Property damages
- Other related expenses and losses
- Pain and suffering
- Physical disability
- Intellectual disability stemming from a traumatic brain injury (TBI)
- Reduced ability to live independently or enjoy life
Wrongful Death Damages
If you lost a loved one in an accident involving faulty or neglected vehicle maintenance, the team at Morelli Law Firm would like to express our condolences for your loss. You could be eligible for damages in addition to those listed above, such as:
- Loss of your loved one’s income
- Funeral costs
- Other end-of-life expenses
- Loss of your loved one’s presence and support
New York Faulty Or Neglected Vehicle Maintenance Accident Lawyer Near Me 877-751-9800
Drivers Have a Duty to Maintain Their Vehicle
When there is a problem with a vehicle, it can cause serious concerns or even catastrophic injuries. Maintenance is especially important when it comes to:
- Brake systems
- Steering systems
Drivers Need to Follow Maintenance Recommendations
There may be serious consequences for ignoring or postponing regular maintenance of your vehicle. Failure of parts or systems can not only lead to more expensive repairs but can also cause traffic accidents.
Like going in for an annual check-up with your doctor, this will not prevent all problems, but it may allow drivers to identify possible issues early and take action. Ignoring problems or neglecting to check your systems, tire tread, air pressure, and other factors could cost you if it later leads to an accident.
An Auto Repair Shop or Parts Manufacturer May Be Liable
In some cases, the driver followed all the right advice and got maintenance and repair when necessary. They did their best, yet an issue with their vehicle still caused an accident. When this occurs, the liable party may be:
- An auto repair shop that provided a faulty repair
- An auto repair shop that failed to identify and/or fix the problem
- A parts manufacturer that made and sold a defective part
Mechanics, auto repair shops, and parts manufacturers have a duty to provide quality services and products. In the case of manufacturers, if they become aware of a flaw with their product after it has gone to market, it is their responsibility to report the problem and recall the product, according to the National Highway Transportation Safety Administration (NHTSA).
What Proper Vehicle Maintenance Means
Part of owning a vehicle includes keeping up with routine vehicle maintenance like:
- Checking the tires
- Changing the oil, oil filter, and air filter
- Inspecting belts and hoses
- Examining washer, brake, coolant, and transmission fluids
- Checking the battery
- Inspecting wiper blades
While drivers have a duty to keep up with regular maintenance needs, they also rely on those who perform the maintenance to do a good job. After an accident caused by faulty or neglected vehicle maintenance, it is a good idea to speak with Morelli Law Firm. One of our New York lawyers can investigate the details of the accident to determine who is responsible for your accident.
Proving Liability in Faulty Maintenance Cases
Negligent vehicle repair accident cases may be very complicated. The liable party’s insurance company may try to reduce the amount they have to pay in damages by:
- Demonstrating that you caused the accident through negligent driving
- Trying to prove that you did not maintain the vehicle after it was repaired
- Claiming that other factors aside from their client’s actions (e.g., a hazardous roadway environment) are what really caused your accident.
Morelli Law Firm can look for substantial evidence to support your assertion that the auto repair shop, the driver, or another party was liable. This includes:
- Witness statements
- Photographs of the vehicle, road conditions, the specific part you believe caused the accident, and your injuries
- The official police report of the accident
- Expert testimony (e.g., from a mechanical engineer)
- Inspection reports (or a lack thereof, showing that the vehicle had not been properly maintained)
- Repair bills or receipts
- Video footage from traffic cams, witness cell phones, or other sources
In addition to proving who the liable party is in your case, we can collect proof that your injuries were painful and had a negative impact on your life. This evidence may include personal testimony, medical records, and a statement from your doctor.
Timeline for Taking Legal Action in a Car Accident Case
A car accident lawyer from our office can help you understand:
- If you qualify to hold another party liable for your injuries
- If you have a case against the owner of the other vehicle
- If you can build a case against someone who serviced your vehicle or the other driver’s car
One fact that may affect your eligibility is the statute of limitations. In New York, these statutes are found under CPLR § 214 and EPTL § 5-4.1. In brief, they mean that:
- You must file your case within a specified number of years, counting from the day of the accident. (In wrongful death cases, the countdown may begin from the day of the victim’s passing.)
- If you miss this deadline, you can no longer file for damages, no matter how much you need them or how strong your case is.
- It is best for accident victims to start their cases as soon as possible. This gives our team the maximum amount of time to build a solid case.
Discuss Your Case with Morelli Law Firm
If you have sustained injuries from an accident due to faulty or neglected vehicle maintenance, speak to a lawyer from Morelli Law Firm. These types of cases may be complex, and it is best to have help throughout the legal process. Contact our legal team at (212) 751-9800 to learn more about how we can protect your rights. We serve much of New York State, including Long Island; Philadelphia; and northern New Jersey.