New York Brakes Accident
Car accidents occur for a number of reasons, including mechanical malfunction. One particularly dangerous mechanical malfunction involves a brake failure. If a car is traveling at a high speed and is unable to slow down because of a brake failure, the consequences can be tragic for other motorists, bicyclists and pedestrians that are in the path of the careening car. Victims of such accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of such accidents do not survive. If you are in need of a New York Injury Lawyer because you were seriously injured in a car accident caused by a brake failure, it is important that you immediately contact a New York Brakes Accident Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering in a personal injury or product liability claim. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the person or entity responsible for your brake failure accident may be required to compensate you for the medical malpractice injuries as well.Brake failure liability
If the brakes that caused the accident were defective, there are a number of people or entities against whom you may have a claim.
- Manufacturer. If there was a defect in the manufacturing of the car a problem with how the car was design that caused the brakes to fail, then the manufacturer may be liable based on a product liability theory.
- Driver. If the driver of the car which had unsafe brakes was aware that the brakes were in a dangerous condition, then the driver would be liable for negligence.
- Mechanic. If the mechanic that worked on the car left the brakes in a faulty condition or did not repair them correctly, the mechanic could be held responsible for the accident.
There are many different types of problems related to braking that could contribute to a serious car accident.
- Failure to install a brake shift interlock
- Defective parking/emergency brake system
- Defective brake system hydraulic lines
- Defective anti-lock brakes
- Poor manufacturing of brake rotors, drums or pads
- Poor maintenance of brakes
A severe car accident injury such as a brain or spinal cord injury requires a long, painful course of treatment and period of recovery. Victims face significant medical expenses including fees associated with emergency room treatment, the hospital stay, treatment by doctors, physical therapy, assistive equipment, and medication. To make matters worse, while you are recovering you will not be able to work and earn an income to pay for your medical expenses and support your family.
Fortunately, if you were injured in an accident because of another person’s negligence, through a personal injury lawsuit there are number of different types of damages that you may be able to recover:
- Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
- Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
- Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
- Wrongful death. If a loved one died in the car accident, then his or her personal representative may pursue damages through a wrongful death claim.
Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.New York Brakes Accident Lawyer
If you were involved in a car accident that was caused by a braking problem, it is important to immediately contact an experienced car accident attorney. Accidents that involve faulty brakes or any other type of mechanical failure are complex. Contact Stephen Bilkis and Associates to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.