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 and secure a payout under New York’s no-fault auto accident laws.
A faulty or neglected vehicle maintenance attorney in New York 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.
Drivers Have a Duty to Maintain Their Vehicle
When there is a problem with a vehicle, whether that problem occurs as a result of a faulty part, shoddy work, or neglect, it can cause serious concerns or even catastrophic injuries. This issue is especially important when you consider:
- Brake systems
- Steering systems
Drivers Need to Follow Maintenance Recommendations
The Federal Trade Commission warns drivers that 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. They recommend following the manufacturer’s maintenance schedule for your vehicle as listed in the owner’s manual.
Like going in for an annual check-up with your doctor, this will not prevent all problems, but it may allow drivers to identify them early and take action. Ignoring problems or neglecting to check your systems, tire tread, air pressure, and other factors regularly 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 them to have an accident. This accident may even be a result of an issue with your own vehicle.
When this occurs, the liable party may be:
- An auto repair shop that provided a faulty repair
- An auto repair shop that failed to fix the problem
- A parts manufacturer who made and sold a defective part
Mechanics, auto repair shops, and parts manufacturers have a duty to provide quality services and products. Failure to do so could result in liability in this type of car accident. If you believe a faulty repair or neglected vehicle maintenance played a role in your New York car accident, you should discuss your case with a qualified law firm.
Proving the Mechanic or Repair Shop Was Liable
Similar to product liability cases, negligent vehicle repair accident cases may be very difficult to prove. The repair company may try to demonstrate that you caused the accident through negligent driving or try to prove that you did not maintain the vehicle after it was repaired.
You and your faulty or neglected vehicle maintenance attorney in New York will need to provide substantial evidence to support your claim that the auto repair shop was liable. This includes witness statements as well as photographs of the vehicle, road conditions, the specific part you believe caused the accident, and your injuries.
With an official police report, you can also get an unbiased third party’s opinion as evidence.
New York Faulty Or Neglected Vehicle Maintenance Accident Lawyer Near Me 877-751-9800
A Personal Injury Lawyer May Be Able To Build a Car Accident Case Based on Fault and Liability
If a legal team believes you meet an exception to New York’s no-fault car accident law, a faulty or neglected vehicle maintenance lawyer may be able to pursue a fault-based case on your behalf. These cases can be complex, and the evidence necessary to prove them may require accident reconstruction specialists, other experts, and, in some cases, mechanical engineers.
However, you can count on your New York faulty or neglected car maintenance attorney to have the resources and know-how to:
- Protect your rights
- Manage all communication about your case
- Prove you qualify to file a third-party liability case
- Gather evidence to support your allegation
- Represent your best interests
- Take no payments from you up front and only accept fees after we recover a payout
Damages in a Liability-Based Car Accident Case
While there are limits to the types and amounts of damages available when you file a claim based on your no-fault insurance policy, pursuing a third-party liability claim or civil lawsuit against the at-fault party may allow you to recover a wider range of losses. This may be true no matter if the liable party is:
- Another motorist
- Someone who provided repairs or maintenance for another motorist
- Someone who provided repairs or maintenance for you
- A manufacturer of a dangerous or defective part
Some examples of damages that may be available in this type of car accident claim include:
- Medical treatment and care
- Lost wages
- Reduced ability to earn a living
- Property damages
- Other related expenses and losses
- Pain and suffering
- Other non-economic damages
- Wrongful death damages
Timeline for Taking Legal Action in a Fault-Based Car Accident Case
A New York faulty or neglected car maintenance lawyer can help you understand if you qualify to hold another party liable, if you have a case against the owner of the other vehicle, or if you can build a case against someone who serviced your vehicle or the other driver’s car.
There are deadlines on filing this type of case under New York Civil Practice Law & Rules §214 and New York Estates, Powers & Trusts §5-4.1, as well as other steps we need to take quickly after your accident occurs. Reach out to your lawyer as soon as possible to review your case.
What Proper Vehicle Maintenance Means
Vehicles must comply with safety regulations and inspections. If a vehicle part stops working or begins to have problems, it should be inspected and fixed as soon as possible. Otherwise, the vehicle can become a hazard to everyone on the road. 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’s important to speak with an experienced lawyer who can investigate the details of the accident to determine who is responsible for the issues that led to your accident.
Discuss Your Case With a Morelli Law Firm Team Member
If you have sustained injuries from an accident due to faulty or neglected vehicle maintenance, you can speak to a New York faulty or neglected vehicle maintenance lawyer from Morelli Law Firm. These types of cases are often complex and it’s best to have help throughout the legal process.
Contact our legal team to learn more about how we can protect your rights and we will evaluate your case and help you understand if you may qualify to pursue a fault-based insurance claim or suit. We have years of experience handling personal injury cases and have won billions in settlements for our clients. Get started today with a consultation free of charge.