Blog / Motor Vehicle Accidents

Who Is Responsible For Accidents Caused By Vehicle Defects?

Not all automobile accidents are caused by driver negligence, and in many cases, the accident may not even be due to a driver at all. Defects with the vehicle could be to blame. Uncovering how and why the defect was present in your automobile can take time and involve an extensive investigation. With Miller, Montiel & Strano, P.C., you have a dedicated law firm working for you each step of the way. Here’s what you need to know about accidents caused by vehicle defects.

Different types of defects

Recognizing that an accident was due to a vehicle defect, rather than driver error, is challenging. The first question someone has after being in an accident is what, if anything, the other driver did to contribute to it. Most defects are not obvious, although some - such as blowouts caused by defective tires - are.

Defects usually result from either a design flaw or a manufacturing error. A design flaw makes the vehicle inherently dangerous, no matter how it is built. On the other hand, a vehicle component, part, or system may be safely designed but built or assembled incorrectly. Pinpointing which type of defect is involved is important for assigning liability.

These are a few examples of vehicle defects that can cause accidents:

  • High centers of gravity that cause rollovers
  • Gas tanks that can easily catch fire in an accident
  • Faulty brakes that lock or fail to slow the vehicle
  • Airbags that fail to deploy, deploy when they shouldn’t, or deploy with excessive force
  • Sticking or breaking accelerators that cause uncontrollable speeding
  • Electrical system issues that cause loss of power or lighting in the vehicle
  • Tires that blow out, shred, or otherwise fail under normal usage
  • Steering wheel components that are defective and cause loss of control

How a vehicle defect can cause injuries

A vehicle defect may be either the primary cause of an accident or a secondary cause of additional injuries to the accident victim. A primary cause means that, but for the defect, the accident likely would not have happened. For instance, faulty brakes could easily cause an accident if they lock up or fail to decelerate the automobile.

A secondary cause essentially aggravates an accident. Let’s say an automobile crashes due to driver error. The driver can be held liable for that. But after the accident, the gas tank explodes or catches fire (a real life example of a vehicle defect), causing severe burns to the accident victim. The manufacturer of the vehicle or gas tank can be held liable.

Pursuing compensation for an accident involving vehicle defects

As indicated above, accidents don’t always have a single cause. There may be multiple causes attributable to different parties. Part of what your automobile accident attorney will do is conduct an investigation of the crash to determine why it happened. Input from expert witnesses, such as accident reconstructionists, will likely be necessary.

If it is determined that a vehicle defect was at least partially responsible for the victim’s injuries, multiple parties could be held liable. They include:

  • The automobile manufacturer
  • The factory that built or assembled the automobile
  • A parts or components supplier
  • The car dealer from which the vehicle was purchased
  • A repair shop that used faulty materials

All of these parties, and others, are responsible for the products they produce and sell and the work they do. Manufacturers of vehicles, parts, and components, as well as car dealers, are legally obligated to ensure their products are reasonably safe and to warn consumers about known or likely safety hazards. Mechanics and repair shops are required to safely perform their services on vehicles.

Injured In An Automobile Accident? Count On Miller, Montiel & Strano, P.C.

Our objective is to hold all responsible parties liable after an automobile accident. If a vehicle defect was responsible for your injuries, give our team a call today.

Posted in:

Related Posts

Understanding Motorcycle Accidents and the Role of Motorcycle Accident Lawyers in New York

Motorcycle accidents can result in severe injuries and significant financial burdens. If you or a loved one has been involved in a motorcycle accident, it's crucial to understand your rights and options. Motorcycle accident lawyers can provide invaluable assistance in navigating the legal complexities of such cases. In this comprehensive blog, we will explore the causes of motorcycle accidents, the types of injuries sustained, the importance of hiring a motorcycle accident lawyer, and why Miller, Montiel & Strano are the right choice for your legal representation in New York. Causes of Motorcycle Accidents Motorcycle accidents can happen for a variety of reasons. Understanding the common causes can help in prevention and in building a strong case if an accident occurs. Distracted driving is one of the leading causes of motorcycle accidents. Drivers who are texting, talking on the phone, eating, or engaging in other distractions are less likely to notice motorcyclists on the road, leading to collisions. Speeding also plays a significant role in motorcycle accidents, reducing reaction time and increasing collision severity. Motorcyclists are particularly vulnerable to high-speed impacts, which can result in catastrophic injuries. more Lane splitting, where motorcyclists ride between lanes of traffic, is legal in some states but not in New York. This practice can be dangerous as drivers may not expect a motorcycle to pass them in slow-moving or stopped traffic, leading to accidents. Motorcycles are also more susceptible to road hazards such as potholes, debris, uneven pavement, and inclement weather, which can cause riders to lose control. Additionally, driving under the influence of alcohol or drugs significantly impairs a driver's ability to operate a vehicle safely. Drunk drivers pose a significant threat to motorcyclists and are often involved in serious accidents. Common Injuries in Motorcycle Accidents Motorcycle accidents often result in severe injuries due to the lack of protection for the rider. Some common injuries include traumatic brain injuries (TBI). Even with helmets, motorcyclists can suffer traumatic brain injuries in accidents, leading to long-term cognitive, physical, and emotional impairments. Spinal cord injuries are also common and can result in partial or complete paralysis, often requiring extensive medical treatment and rehabilitation. Fractures and broken bones are frequent injuries in motorcycle accidents. These injuries can be painful, require surgery, and result in long recovery periods. Road rash, which occurs when a motorcyclist's skin scrapes against the pavement, can lead to severe skin damage, infections, and scarring. Internal injuries, such as damage to organs or internal bleeding, can be life-threatening and may not be immediately apparent after an accident. The Importance of Hiring a Motorcycle Accident Lawyer Navigating the aftermath of a motorcycle accident can be overwhelming. Hiring a motorcycle accident lawyer offers several key benefits. Motorcycle accident lawyers have specialized knowledge of the laws and regulations related to motorcycle accidents. They can help you understand your rights and the legal process. A lawyer will conduct a thorough investigation of the accident, gathering crucial evidence such as police reports, witness statements, and medical records, which are essential for building a strong case. Insurance companies often try to minimize payouts to accident victims. A skilled lawyer can negotiate with the insurance company on your behalf to ensure you receive fair compensation for your injuries and damages. Motorcycle accident lawyers will work to maximize the compensation you receive, including medical expenses, lost wages, pain and suffering, and other damages. If your case goes to court, having a lawyer by your side is crucial. They will represent you, present your case effectively, and fight for your rights. Why Choose Miller, Montiel & Strano? When it comes to choosing a motorcycle accident lawyer in New York, Miller, Montiel & Strano stand out for several reasons. With years of experience handling motorcycle accident cases, Miller, Montiel & Strano have the expertise and knowledge needed to navigate the complexities of these cases. The firm has a proven track record of securing substantial settlements and verdicts for their clients, showcasing their dedication and skill. At Miller, Montiel & Strano, clients receive personalized attention. The firm takes the time to understand each client's unique situation and tailor their approach accordingly. The team is committed to compassionate advocacy, understanding the physical, emotional, and financial toll a motorcycle accident can take and providing support every step of the way. Miller, Montiel & Strano offer a free consultation to discuss your case and determine the best course of action. This no-obligation consultation allows you to explore your legal options without any upfront costs. Steps to Take After a Motorcycle Accident If you are involved in a motorcycle accident, it's important to take certain steps to protect your rights and build a strong case. Your health and safety are the top priority. Seek medical attention immediately, even if you don't think you've been seriously injured, as some injuries may not be immediately apparent. Contact the police and file a report, as the police report will be an important piece of evidence in your case. If you are able, gather evidence at the scene. Take photos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses. Reach out to an experienced motorcycle accident lawyer as soon as possible to guide you through the legal process and ensure your rights are protected. Finally, do not speak to insurance adjusters without consulting your lawyer. Insurance adjusters may try to get you to admit fault or accept a low settlement offer. Conclusion Motorcycle accidents can have devastating consequences, but you don't have to face the aftermath alone. Hiring a motorcycle accident lawyer can provide you with the legal expertise and support needed to navigate this challenging time. Miller, Montiel & Strano are dedicated to helping motorcycle accident victims in New York secure the compensation they deserve. If you or a loved one has been involved in a motorcycle accident, contact Miller, Montiel & Strano for a free consultation. Let their experienced team fight for your rights and help you on the road to recovery. Call today or visit their website to schedule your free consultation.

What Are the Legal Steps to Take After a Car Accident?

The last thing you expect when driving down the road to your destination is to be hit by another driver. Unfortunately, this is something that happens every day on the busy streets of New York. What you do next is crucial and has a significant impact on the outcome of a legal case if you decide to file one. Here's what to know and how a qualified New York car accident lawyer from our office can help. 5 Legal Steps You Should Take After Being In a Car Accident 1. Get the Information of the Other Driver If you are not seriously injured after the collision, it's crucial to get the other driver's contact and insurance information as soon as possible. Be careful not to say anything that could be misconstrued as admitting fault for the accident. Instead, calmly and politely ask for their name, telephone number, and insurance card and be prepared to give them your information as well. more 2. Ask for Witness Names and Numbers If there were any witnesses who happened to be nearby when the crash occurred, you should also try to obtain their names and telephone numbers. This allows the police and your car accident attorney to contact them later with questions without making them stay at the scene. Witness statements can be extremely helpful when recreating the scene and determining fault. 3. Go to the Hospital or See a Doctor Even if you weren't hurt in the collision, it's important that you go to the doctor or a hospital soon after the crash to get checked out. You could be injured and not know it. Going to the doctor right away also establishes a medical record that will come in handy if you do end up needing treatment later on. Otherwise, you risk the other side arguing that you were never hurt. 4. Start Writing Things Down Another helpful tip to prepare for your legal case is to start writing down everything you remember. Keeping a journal or notebook after your accident gives you a place to jot down appointment reminders, doctor's notes, and how you're feeling from day to day. This can be an invaluable tool when it comes to trying to remember what happened. 5. Take Lots of Pictures Along with your journal, take pictures of your injuries, the damage to your car, and anything else you feel might be relevant to your case. You can't go back in time to get photos if you need them, but you can always discard photos that you don't. When to Hire a Qualified New York Accident Lawyer One of the most important steps you can take after being involved in a car crash is to consult with an experienced accident attorney in your area as soon as possible. They can help guide you through the legal process and advocate for you to get the compensation you deserve. Were you or a loved one injured in a car accident by a negligent driver? We can help. Contact Miller, Montiel & Strano, P.C. in Garden City, NY to schedule your free, no-obligation consultation and learn how we can advocate for your right to the full and fair compensation you deserve.

Road Defects That Can Contribute to Car Accidents

Not all accidents are the result of driver negligence. In many cases, a road defect is to blame. Whether it’s because of poor maintenance or simply a failure to correct a dangerous condition, these hazards can lead to serious injury, missed time from work, and other losses. Holding the responsible entity liable will take the dedicated legal counsel that understands how to build a winning case. You can count on the personal injury lawyers of Miller, Montiel, & Strano, P.C. Common New York road defects Automobile accident victims have the duty of demonstrating how exactly the negligent party caused their injuries. Therefore, you should know some of the most common road defects found in New York, including: Potholes. Potholes present a number of dangers. A driver may swerve to avoid the pothole, crashing into another vehicle, pedestrian, or someone else. Hitting a pothole can also cause temporary loss of control of the automobile that can trigger a wreck. Poor lighting. Nighttime driving is always dangerous, but drivers rightfully expect the roads to be adequately illuminated. In the absence of sufficient lighting, an accident becomes more likely. Road debris and obstructions. These come in many forms, such as downed power lines and fallen tree limbs. Anything that impedes the safe movement of traffic can cause even the safest driver to get into an accident. Construction zones. Work zones must always be clearly marked with sufficient warning so approaching motorists can adjust their driving. Vehicles moving in and out of construction areas can also imperil others. Items falling from trucks and other vehicles. Moving trucks, garbage trucks, and even passenger vehicles can drop objects onto the road. A driver attempting to avoid these objects can crash and cause serious injury to him- or herself and others. Road sign and traffic signal problems. Motorists rely on road signs and traffic signals to not only guide them but to regulate traffic flow. A missing sign or malfunctioning signal can easily set off a major collision. Poorly marked roads. Faded lane markings present a serious threat, especially when traffic congestion is at its peak. An automobile can inadvertently cross a line, for instance, and crash into oncoming traffic. Poor drainage. Excess rain needs to have a place to go, and proper drainage ensures this. But without this critical feature, standing water can flood roads with catastrophic results. Who is responsible for road defects? While drivers are expected to operate their vehicles safely, road defects make this difficult or impossible. After an accident, a number of entities may share liability, including: The governmental unit responsible for building and maintaining roads Drivers who allow items to fall from their trucks and vehicles Employers of negligent drivers, if the accident occurred while the driver was performing work duties General contractors and other companies responsible for construction zone work Safety inspectors who failed to ensure the road was properly designed We’re Ready To Seek The Compensation You Deserve Holding these and other parties responsible for your accident is no simple task and may require steps that are outside of the typical personal injury claim. For instance, there are special rules that apply to suing governmental entities that cause road defect accidents. It will be critical to retain knowledgeable legal counsel that will advocate for your best interests. Find out why so many automobile accident victims count on Miller, Montiel, & Strano, P.C. Give us a call today.