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Who's at Fault in Brake Failure Accidents in Long Island, New York? | What Victims Need to Know

Various factors can cause car accidents, but brake failure is one of the most dangerous. It can lead to serious accidents and even wrongful death.


If you’ve ever been involved in a serious car accident caused by brake failure, you must understand who may be held responsible and what steps you can take to seek compensation for your injuries.


In this article, we will discuss who's at fault in brake failure accidents in Long Island, New York, and the role of accident lawyers in proving fault and helping victims receive compensation for their injuries.


Causes of Brake Failure Accidents

Causes of Brake Failure Accidents


Various factors, including driver error, mechanical failure, and poor maintenance, can cause the failure. Some common causes include:

  • Worn brake pads

  • Leaking brake fluid

  • Faulty brake calipers

  • Air in the brake lines

  • Worn brake rotors

While mechanical issues can cause it, they can also be caused by driver error. If the driver's brakes failed and he is speeding or driving recklessly, they may be unable to stop the car in time to avoid a collision.


Proving Fault in Brake Failure Car Accidents


Proving fault in accidents can be complex and often requires the help of an experienced car accident lawyer. Some of the critical factors that will be considered when determining fault include:

  • The cause of the brake failure

  • What condition the vehicle was in before the accident

  • Witness statements

  • Skid marks on the road

  • The report

  • Expert testimony

In some cases, multiple parties may be held responsible for a car accident. The vehicle driver may be partially accountable if driving carelessly, or the vehicle's manufacturer may be liable if a defect caused the failure.


The Role of New York Car Accident Lawyer in Brake Failure Accidents


If you’ve ever been involved in car crashes or brake failure truck accidents or know someone who has been, it's essential to contact a New York car accident lawyer as soon as possible.


A personal injury lawyer can help you understand your rights and help you navigate the legal process. Some of the ways a car or truck accident attorney can help include the following:

  • Investigating the accident to determine the cause of the accident

  • Gathering evidence to prove fault

  • Helping you file a personal injury lawsuit

  • Negotiating with the insurance company to get the compensation you deserve

You can always contact The Law Office of Carl Maltese for a free consultation. Our experienced lawyers have a proven track record of helping car accident victims receive the compensation they deserve.


We have handled many car accidents and have the knowledge and experience to take your case and get you the best possible outcome.


Types of Injuries in Brake Failure Accidents


Car accidents can lead to many injuries, from minor scrapes and bruises to serious spinal cord injuries and head trauma. Some of the most common injuries in brake failure accidents include:

  • Whiplash

  • Broken bones

  • Lacerations

  • Head trauma

  • Paralysis

  • Wrongful death

It's important to note that even minor injuries can lead to long-term damages, including medical expenses, lost wages, and pain and suffering. Pursuing car accident lawsuits is the only way victims can recover these losses.


Future Medical Expenses

Future Medical Expenses


When pursuing compensation for injuries sustained in a car accident, you need to consider the potential costs of medical expenses. The injuries resulting from such accidents can be severe and often require extensive and ongoing treatment.


This may include physical therapy, rehabilitation, and even lifelong care. These costs can add up quickly and significantly impact your financial well-being. It is essential to factor in these potential expenses when determining the compensation you are seeking for your serious injuries.


You can adequately cover the costs of your medical treatment and any ongoing care that may be required. Furthermore, medical expenses need to be factored in while determining the compensation, as it will help you get the right compensation amount to cover these damages and assist you in the long term.


Our experienced car accident lawyer in New York can help you calculate the cost of your future medical expenses and ensure that you receive the compensation you need to cover these costs. We work with medical experts to determine the extent of your injuries and their long-term impact on your life.


Comparative Fault


In some car accident cases, more than one party may be held responsible for a car accident. This is known as comparative fault. It means that each party involved in the accident will be assigned a percentage of fault based on their actions leading up to the accident.


Suppose the other driver was speeding, and the car accident case was caused by poor maintenance. In that case, the driver and his insurance company may be assigned a percentage of fault for their reckless driving, and the vehicle owner or mechanic may be assigned a percentage of fault for the poor maintenance of the vehicle.


It's important to note that this fault can affect the compensation you receive for your injuries. If you are found to be partially at fault for an accident, the compensation you receive will be reduced by your percentage of fault. The Law Office of Carl Maltese can also answer questions like, "Who's at fault in Spilled Cargo Accidents in Long Island?" and "Who's at fault in Head-On Truck Accidents in Long Island?"


Proving Fault in Brake Failure Accidents


If you have been involved in a car accident, you must prove fault to receive the compensation you are entitled to. Our team of experienced accident lawyers in New York can assist you in gathering the necessary evidence to establish fault.


This may include obtaining witness statements, analyzing skid marks on the road, reviewing the police report, and consulting with experts. Additionally, we can work with specialized professionals to determine the cause of the faulty brakes, whether it was due to driver error, mechanical malfunction, or inadequate maintenance.


We can help you build a strong case and secure the compensation you deserve by utilizing these resources and strategies.


Contact the Law Office of Carl Maltese


If you or a loved one has been involved in a brake failure accident in Long Island, New York contact the Law Office of Carl Maltese for a free consultation. Our experienced car accident lawyers can help you understand your rights and help you navigate the legal process.


We have a proven track record of helping accident victims receive the compensation they deserve and will work tirelessly to get you the best possible outcome in your case.

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