Car accident attorneys on Long Island know that sometimes it can be a challenge to determine who was at fault in a car accident. Liability is usually found with a driver; however, there are circumstances in which a passenger or another party could be responsible for the crash.
According to the New York State Department of Motor Vehicles, in 2010 there were a total of 315,377 accidents. These included pedestrians, passenger cars, motorcycles and bicycles. While statistics don’t show how many of the motor vehicle accidents were caused by someone other than a driver, you might be surprised to learn there are a variety of situations in which this can happen.
Car Accident Liability Not Involving the Driver
One common scenario is when a defect in the car is the cause of a crash, in which case the following people and groups could be found at fault:
- car dealerships;
- repair shops; and
In fact, recalls on cars are not uncommon. These are initiated for faulty parts ranging from tires, brakes, airbags, seatbelts and others. If something goes wrong in the vehicle and it results in a crash, you may be able to file a product liability claim.
You will need to show that this was a design, marketing or manufacturing defect. Your claim could be based on misrepresentation, breach of warranty or other forms of negligence. Car accident attorneys on Long Island will be able to evaluate your case and determine if you are entitled to seek compensation for the injuries you suffered.
Car accident liability also could be found with a passenger. In order to find him or her at fault, there are several elements that must be established.
- One is that the passenger owed a duty of care. In other words, he or she had a responsibility to act in a manner in which others would not be injured.
- Two is that the passenger breached the duty of care owed to others. There are a number of scenarios in which this could happen.
One example is a passenger who is arguing with the driver and puts his or her hands on the person behind the wheel, resulting in a loss of control of the vehicle and thus a crash. Any actions that make driving unsafe potentially could be found negligent.
- Three is that the passenger’s negligent actions caused injuries. It may have been to you as the driver or a third party.
Clearly, these types of car accidents can be difficult to prove. There are so many unique circumstances that could play into a complicated case such as this. So you will need to consult car accident attorneys in Long Island who can evaluate the details of your situation thoroughly to determine the direction your claim should go.
If you can prove that someone else’s negligence was the cause of your accident injuries, you could be entitled to damages. Damages can address your medical bills, lost income, pain and suffering, disability, and more. Regardless of who was to blame, be it another passenger or the creator of faulty equipment, you didn’t deserve to suffer at the hands of another person.
Contacting Car Accident Attorneys in Long Island
While some car accident cases are pretty cut-and-dried, others are a bit more complex and may take some investigative work. This is where an attorney may be able to help. If you need legal advice, consult an attorney at Gacovino, Lake & Associates.
We not only can determine liability, but also can help with the collection of evidence that will be necessary, if we believe you have a viable claim. Don’t delay in learning more about your legal rights and the options that may be available. Call our law firm at 1-800-246-HURT (4878).