Yourlawyer.com (New York Car Accidents News) http://www.yourlawyer.com/topics/overview/new_york_car_accidents Sat, 21 Nov 2009 22:27:26 -0800 pixel-app en Floor Mats Implicated in Car Accidents http://www.yourlawyer.com/articles/read/15751 Mon, 29 Dec 2008 00:00:00 -0800 http://www.yourlawyer.com/articles/read/15751 car accidents.  According to a new report in Newsday, at least one million vehicle recalls have been linked to floor mats “that are poorly designed, improperly used, or both” over the past quarter century.

The most recently reported crash by Newsday involved a driver losing control of his vehicle because of a “bunched-up” floor mat that sent his vehicle into a storefront holiday party on Long Island injuring a number of people.  According to police, the mat in Theodore Saretsky’s BMW X3 became jammed beneath the brake and above the gas pedals.  Apparently, the driver was trying to brake, but because the mat was also pressing on the gas pedal, the car rammed into the Hanukkah party, injuring eight children—aged one through eight—and six adults.  A BMW spokesman—Tom Kowaleski—told Newsday that all BMWs are equipped with mats that contain Velcro that is supposed to firmly fasten the mat to the car’s floor.

Last year, AutoUnleashed, reported that there were approximately 40 complaints concerning all-weather floor-mats in certain vehicles not being secured and slipping under the acceleration pedal.  The problems caused eight crashes and injured 12 people at the time of the AutoUnleashed report, which noted that the problem involved floor mats sold with the Lexus ES 350 and the 2007/08 Toyota Camry.  The Lexus ES 350 poses a unique problem in that the vehicle is engaged via push-button ignition, said AutoUnleashed, which means it cannot be stopped by turning the key.

At the time, AutoUnleashed strongly suggested that owners of the Toyota Prius, Avalon, RAV4, and Tacoma check those floor mats as well.  AutoRecalls also reported that about 1,700 of certain models of the 2007 Mazda Speed 3 were recalled because certain vehicles were equipped with optional all-weather floor mats which provided “insufficient clearance between” the mat and the accelerator pedal and that this might cause the pedal to became stuck behind the mat resulting in improper deceleration and increasing crash risk.

The police have not confirmed to Newsday the type of floor mat involved in the holiday accident and if it was or was not properly fastened.  The driver was treated at a hospital and released; however, two children remain in critical, but stable condition at Long Island’s Nassau University Medical Center; three other children—all under five years of age—were treated and released from Winthrop-University Hospital, said Newsday.

Newsday explained that mat-related automobile accidents have resulted from a number of problems in mats made by a variety of makers, including pedals sticking to mats or mats “interfering” with one or more of the pedals.  Newsday noted that in 2006 a driver in Washington State was hurt when his car crashed into a ditch after the floor mat became wedged on the gas pedal.  Also that year, a boy was hospitalized and his sister died in Canada after their mother lost control of the car, said Newsday, which reported that police said the mat was most likely to blame.  In another mat-related accident, a truck—when the driver was attempting to back out of a parking spot—careened down a hill in Rhode Island and through a wall of a home, said Newsday.

]]> NEW YORK NY AUTO ACCIDENT LAWYER NASSAU SUFFOLK QUEENS BROOKLYN BRONX http://www.yourlawyer.com/topics/overview/new_york_car_accidents Mon, 29 Dec 2008 00:00:00 -0800 http://www.yourlawyer.com/topics/overview/new_york_car_accidents

New York Car Accident Lawyers

Keywords: NEW YORK NY AUTO ACCIDENT LAWYER NASSAU SUFFOLK QUEENS BROOKLYN BRONX

The lawyers / attorneys at our firm are offering free consultations to victims of New York car accidents and their families. The physical, emotional and financial toll of car accidents can be devastating, and the consequences often reverberate for years. The lives of victims are often made even more difficult by insurance company lawyers whose only concern is coercing victims into accepting a low settlement.  With more than a decade of experience representing injured people, the New York car accident lawyers at our firm know how traumatic these incidents are for victims and their families. That's why our firm is committed to using all of our expertise to making sure the people we represent are justly compensated for their injuries.

 It may seem hard to believe, but every 12 minutes one person dies because of a car accident. Every 14 seconds, a car accident results in an injured victim. Car accidents are the leading cause of death for people under 30, and they disproportionately affect those between 15 and 24, and over 75. While these statistics are alarming, our New York car accident lawyers know they represent real lives. Because of that, our firm will do everything in our power to represent our clients with dignity and compassion.
 

Causes of Car Accidents In New York (NY)

Driver error is the most common cause of car accidents. Common errors which contribute to accidents include failure to yield the right of way, following too closely, driving at excessive speeds, unsafe passing, and disregard of traffic control devices.    About  30 percent of car accident fatalities can be attributed to driving above the speed limits and well over a third occur because of reckless driving. About 40 percent of car accident fatalities occur because of a drunken driver.

 

Factors other than driver error or negligence can play a role in or cause a car accident. A poorly designed roadway and badly placed  road signs or barriers have caused terrible car accidents. Such defects will result in liability by the governmental agency responsible for the design and maintenance of the roadway. This can make a case more complicated, but our New York car accident lawyers have a great deal of experience in this area. We have represented hundreds of people injured because of governmental incompetence with great success.

 

Vehicle defects can also cause car accidents. Sometimes the injuries suffered in an accident will be made worse by a design or manufacturing defect, such as one which makes an SUV more susceptible to rolling over in an accident or a gas tank more likely to ignite in a collision.

 

Issues Faced by NY Car Accident Victims

The victims of car accidents face daunting medical, financial and legal issues which may make it difficult to cope in the aftermath of an incident. Insurance companies know this, and will not always deal with car accident victims in good faith. Our New York car accident lawyers know how insurance companies operate, and won't let them take advantage of the people we represent.

 

The victims of car accidents may need to pay for special nursing care, specialized equipment and expensive prescription drugs for the rest of their lives. While the New York car accident lawyers at our firm are aware that no amount of money can make up for their horribly disrupted lives, a fair settlement will enable a car accident victim to obtain the medical care and equipment they need to maintain a good quality of life. 

 

The medical consequences of car accidents are often made worse by the financial difficulties that can follow such a tragedy. Many victims must face staggering medical bills and, sadly in some cases, funeral expenses. Often, they are unable to work because of their injuries. The innocent victims of car accidents should never have to worry about money while they work to heal their physical and emotional wounds. Our New York car accident lawyers are committed to making sure the financial needs of these victims are met.

 

The financial and medical issues faced by the victims of car accidents are almost always accompanied by complicated legal matters. Insurance companies are only interested in paying small settlements, and will do whatever they can to achieve this goal.    Our New York car accident lawyers are familiar with the tactics employed by insurance company lawyers, and will not be intimidated  into doing anything not in the best interest of clients. If necessary, we will not hesitate to take a case to court, and our clients can be confident that our New York car accident lawyers have the talent and expertise to win at trial.

 
New York Car Accident Law

Under New York car accident law, a victim must prove two elements in order to receive compensation from a responsible party. One of these elements is "damages". New York has a No Fault statute, and in order to be compensated, a person injured in a car accident must prove that financial damages are in excess of $50,000 or that they have sustained "serious injury".

 

The New York state legislature defines "serious injury" as a personal injury that results in any one of the following:

 
  • Death
  • Dismemberment
  • Significant disfigurement
  • A fracture, broken bone
  • Loss of a fetus, unborn child
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • Or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment
 

To receive compensation, a New York car accident victim must also prove  "liability" - who is at fault. To prove liability, a car accident victim must show that another party was negligent - failed to show reasonable care - in the operation of their motor vehicle. New York also recognizes a concept called "vicarious liability". This means the owner of a vehicle is responsible for the negligence of anyone who is operating it with the owner’s permission and consent. What's more,  in New York it’s presumed that the driver has permission of the owner to be at the wheel of a car, and the burden falls to the owner to prove otherwise.

 

In New York, there is also a time limit for making a car accident claim. In most cases, the Statute of Limitations is 3 years from the date of the injury. However, if the injury could not have been discovered right away, the limit is 3 years from the date of discovery.

When a car accident claim involves a state or municipal authority, there is a 90-day notice of claim requirement. Missing any of these deadlines makes it impossible to file a lawsuit.

 

New York car accident law can be complicated, and rest assured, insurance companies will retain lawyers who know the law inside and out. If you or someone you care about were injured in a car accident that resulted from the negligence of another, you need a New York car accident lawyer with the experience to protect you from insurance company tactics.

 

Legal Help for New York Car Accident Victims

If you or a loved one were injured in a New York car accident, you have valuable legal rights. Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to speak with an experienced New York car accident lawyer at our firm.

 
 
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