Brake failure can cause a serious crash, leading to major injuries and even death. If your accident was caused by brake failure, whether in your car or another driver’s vehicle, you may be able to seek damages from the car manufacturer.
A Bohemia accident caused by brake failure lawyer from our staff can help you make decisions regarding your case. The team at Gacovino, Lake & Associates, P.C. knows New York law, and we can assist you in your legal battle. Call us today for a free consultation at (631) 600-0000 and learn more about your options. Get started now.
Determining Liability in Brake Failure Accidents
As recently as 2020, Toyota was served with a class-action lawsuit regarding issues with the brakes in several models. Brake failure can cause rear-end collisions, head-on collisions, single-car accidents, and any other kind of vehicle crash. This is not a unique situation, and the law provides options for drivers affected by these issues.
Accidents that are caused by a brake failure could fall into the product liability area of the law. What you would be alleging with this kind of lawsuit is that the car manufacturer created a product that was not designed or made correctly, and it, therefore, caused the accident. There is precedent for these kinds of lawsuits, and car manufacturers have been forced to pay for the repair or replacement of certain parts on their vehicles and for injuries to drivers.
It is also possible that the other driver could be found somewhat liable for the accident. If they were following too close behind you, for instance, then the accident could be partially their fault. You can speak to a lawyer from our firm about the possibility of multiple parties being held accountable for your damages.
Compensable Damages in a Brake Failure Accident
If brake failure caused your accident, you could pursue damages to cover your costs. These costs can include:
- Medical bills for doctor appointments, hospital stays, emergency room visits, physical therapy, and other treatments needed for your injuries
- Lost wages from work you have had to miss because of the accident
- Diminished earning capacity if your injuries will prevent you from making the same salary in the future
- Property damage for the repair of the defective brakes or the replacement of your vehicle if it was totaled in the accident
- Pain and suffering and other emotional burdens, such as anxiety and depression
- Funeral and burial costs if you are filing a wrongful death case
- Loss of companionship if you lost a loved one or if your relationship is altered due to your injuries
- Other costs incurred because of the accident
If you are unsure which costs from your accident could be included in the lawsuit, a lawyer from our team can help. A Bohemia accident caused by brake failure lawyer can advise you on which costs are eligible for inclusion in the lawsuit.
Statute of Limitations
There is a statute of limitations to consider when you are thinking about filing a lawsuit. In New York, the personal injury statute of limitations is three years, according to CVP § 214. You must adhere to this timeframe unless one of the few exceptions applies to you. If you miss this deadline, your case could be dismissed in court. That could leave you without any options.
Call (631) 600-0000 to speak to a team member about your case for free today.
Other Liability Issues to Consider
It is possible that the car in question may be too old for a defective product liability claim to apply. Your lawyer will be able to inform you of any time limits regarding the age of the vehicle.
Drivers have a responsibility to maintain their vehicles, as well. A driver may not be able to claim brake failure and manufacturer liability if they were not making needed repairs to the vehicle. If the issue with the brakes was worn out brake pads, for instance, that could have been repaired. In that case, a driver will probably not be able to argue successfully that the manufacturer is to blame.
Do not be intimidated if the other driver is telling you that the accident is your fault or if the faulty brakes were in your car. You may have legal recourse. Call the team at Gacovino, Lake & Associates, P.C. today to talk about your options. We can help by reviewing accident photos and videos, speaking with the insurance company and law enforcement, and doing the necessary research about possible brake failure.
Do Not Hesitate to Start Now
It is not right that the victim of an accident should have to face all the costs on their own when they were not at fault. If you were in an accident as the result of brake failure in your car or someone else’s, you may have a case for liability. You could file a lawsuit to seek compensation from the responsible party, whether that is another driver or a car manufacturer. You could be awarded damages for your medical bills, property damage, and more.
Call us today at (631) 600-0000. A member of our team can offer you a free consultation regarding your case and how you may be able to pursue compensation. We can inform you about how the law applies to your case and what you may be able to recover. A Bohemia accident caused by brake failure lawyer from Gacovino, Lake & Associates, P.C. is ready to untangle the complicated legal world for you and your family.
