Automobile Defect Attorneys NY

Automobile Brake Failure:
Why and Where to Turn

 

It is every driver’s worst nightmare: You’re driving along on a highway, side street or even a parking lot. You press your foot on the brake pedal to slow down, but nothing happens—your brakes fail. Unfortunately this nightmare has been a reality for many people.

There are various reasons why brakes can fail on an automobile. Because brakes are central to the fundamental functions of a vehicle, they need to be durable and reliable pieces of machinery. But the mechanics of brake systems are complicated, requiring several different parts, each as important as the next.

Brake failure can occur if any one of these parts is not installed properly by the manufacturer, when those parts are defective or inferior in quality. Brake rotors, drums and pads are items that when quality is skimped during the manufacturing process, can cause failure of the braking system. There are other causes of brake failure as well – it could be because of detached hydraulic lines or a faulty parking brake system.

Unfortunately, when brakes fail, there is a grave risk of serious injury or death as a result of the crash that may occur. Accident victims may then be left with long lasting injuries, or may be unable to work for a period of time. Also, the issues surrounding the accident concerning liability can become very complicated for all involved.

Personal injury lawyers are experienced in dealing with the legal matters surrounding these types of car accidents. When negligence is suspected by car manufacturers, they can help the victim recover compensation for their losses. If you’ve been in an accident due to brake failure on an automobile, you’ll want an attorney that is an expert on this particular type of case. Make sure you use a personal injury lawyer that is experienced with brake failure accidents and defective products.
 

The law firm of Goidel and Siegel has the best personal injury attorneys located in New York. We are committed to fighting for the rights of our clients and helping them obtain the highest possible financial compensation for sustaining injuries. Contact us today.

George Attwal was driving on the Bronx-Whitestone Bridge when the accident occurred shortly in front of him. He took this photo from inside his car.

George Attwal was driving on the Bronx-Whitestone Bridge when the accident occurred shortly in front of him. He took this photo from inside his car.

An M.T.A. construction truck struck an overhead road sign on the Queens-bound plaza of the Whitestone Bridge at 1:10 on Friday afternoon, causing the steel sign structure to come crashing down on all five lanes and injuring two people who were on the truck, according to M.T.A. Bridges and Tunnels. The accident, which did not injure other passengers, the agency said, forced the immediate closure of the bridge. Cars were being rerouted to the Throgs Neck or Robert F. Kennedy Bridges just before the onslaught of Friday afternoon traffic.

The truck was driven by Alpha, a contractor for the Metropolitan Transportation Authority, according to Judie Glave, a spokeswoman for the authority, and the two men sustained minor injuries, one had a head injury and another had a fracture leg. According to the Fire Department of New York, one patient was taken to New York Queens Hospital.

“Right now we have our maintenance crews out there, they have to cut the metal part of the sign and remove it,” Ms. Glave said. “The hope is to get it open by rush hour.” She admitted that might be difficult.

George Attwal, a witness who said he was driving his Volkswagen Passat two cars behind the truck, described it as a pickup truck, with a crane-like operator in its bed, perhaps used like a cherry-picker to fix things, he said.

“I guess he forgot to lower it and it hit the roadway sign,” Mr. Attwal, 23, of Flushing, Queens, said in a telephone interview. “It collapsed right in front of us and two people fell off. They were standing in the back of the pickup. On person fell off and he rolled onto the road itself.”

Mr. Attwal, who was returning from a business call in New Jersey and headed to Long Island, said the accident, “all happened within two seconds.” The car in front of him slammed on its brakes, and he hit his brakes hard to avoid a collision.

He estimated that the truck was going 15 to 20 miles an hour, but questioned why the two people would be outside on the bed of the truck.

Ms. Glave said she had no information about where the passengers of the truck were at the time. As soon as officials arrived on the scene, they directed Mr. Attwal to turn around and take the Throgs Neck Bridge.

The bridge was most recently closed in February during high winds when a tractor trailer overturned, Ms. Glave said.

(Source NYTIMES)

The risk of a brain injury to a child in a car crash can be reduced by the use of child car seats and car booster seats.

But, now we hear that Insurance industry and transportation researchers have cited 13 booster seats that don’t put children in the best position to be protected in a car crash, but makers of the seats said their products meet or exceed federal regulations according to reports at the Associated Press.

Until recently, victims of automobile accidents in New York had protection through a legal concept called vicarious liability, which allowed victims of car accidents to hold the car owner liable in cases that involved negligence, even if the owner was not the driver of the vehicle. Because leasing and rental companies have some control over who drives their cars, law makers in New York and a few other states put vicarious liability in place to protect innocent victims of negligence.

On August 10th, 2005, however, this all changed when congress passed a bill known as the “highway bill”. Slipped into this 900 page document was the Graves amendment. The Graves amendment abolishes vicarious liability, leaving auto leasing and rental companies free and clear of responsibility when their drivers were negligent.

Laws regarding insurance issues are typically decided by each individual state. The Graves amendment is historic because it is a federal law that overrides individual state laws on the issue.

It was later discovered that the Graves amendment was never actually put on the floor for debate, angering some who would have objected to it. Because of this controversy, there have been several appeals of the Graves amendment, which was in fact, banished in 2007 when a US district court judge ruled it unconstitutional. However, it was upheld again in August of 2008 and ruled constitutional on the basis of the commerce clause, since leased and rented cars typically cross state lines.

More appeals may follow, but as it stands, the Graves law is still in place, leaving leasing and rental companies void of any liability for their drivers.

Ask someone to name a few things they associate with Manhattan and you’ll likely get a variety of answers : tall buildings, traffic jams, beeping horns, and undoubtedly, double parking. But after a recent court ruling, New Yorkers might think twice before double parking their vehicle to pick up passengers or make a quick stop at a convenience store.

In a January 2008 ruling by the First Department of the New York Supreme Court, the judge decided that a double parked van that had been hit in the rear while its passenger was boarding in March of 2004 was liable for that passenger’s injuries, even though the driver of the car that hit the van admitted to falling asleep at the wheel. The logic behind the ruling, which formed the case of White vs. Diaz, is that double parking impedes the flow of traffic and a driver should logically assume that he is creating a potential hazard for inattentive or distracted drivers by double parking. The judge reasoned that it was likely that if the driver of the van had been properly parked, the passenger would not have been injured.

The ruling in this case opens up a legal Pandora’s Box, because it brings into light the issue of proximate cause in liability cases. Proximate cause is defined as the event that is considered to be the cause of an injury.  Typically, in rear-end accidents, the inattention or negligence of the driver that hits the vehicle in the rear is considered the proximate cause of the injury. While proximate cause is usually decided by a jury when the answer is not clear, if we follow the logic of the ruling in the White vs. Diaz case, liability in any rear end collision involving a double parked car could be placed on the driver of the vehicle that gets hit.

So New Yorkers, beware. While double parking may be synonymous with the hustle and bustle of Manhattan, think twice before you give in to the temptation. If you are hit, it could end up costing you a lot more than a parking ticket.

There are countless ways in which negligence can occur in a motor vehicle accident. But when personal injury is involved, the result is always the same-pain and suffering.

The impact a motor vehicle accident can have on a person’s life can be huge. Goidel & Siegel are expert motor vehicle accident lawyers. We understand the legal and insurance issues surrounding motor vehicle accidents. Our extensive knowledge and experience handling motor vehicle lawsuits is why we are experts in the field.

Our New York Accident Attorneys don’t just handle car crashes.  Motor vehicle accident victims include pedestrians on the street, passengers on airplanes, boats, busses, cruise ship patrons, and more.  We can handle your case involving any type of motor vehicle accident.

Because we have almost 2 decades of experience as personal injury lawyers, and a long track record of very high dollar settlements, we are the best New York law firm to handle your case. Some of our motor vehicle cases include:

  • $2,000,000 Settlement: A van owned by the City of New York struck an 8 year old boy on a path inside Red Hook Park, Brooklyn. The boy suffered a fracture of the distal portion of one leg’s femur.
  • $1.500, 000 Settlement: A van owned by a department store chain struck a student who was driving his car in Queens. The student suffered a fractured hip and internal injuries.
  • $700,000 Settlement: A speeding car struck a 72 year-old physician and broke his knee while he illegally crossed a street in the middle of the block, on the Upper West Side of Manhattan. The accident occurred at night, during a rainstorm. The vehicle was owned by an automobile rental company and was driven by an employee.
When dealing with auto accidents, we often wonder if we should contact a personal injury lawyer right away. Consulting a lawyer who deals with personal injury (specifically related to auto accidents) can give you the peace of mind that no stone gets left unturned. Here are some ideas for when you should rush to a lawyer :
  • The police reports do not describe the accident accurately and puts fault on you
  • Legal, technical or medical issues are involved that are important
  • Your liability insurance is low and limited
  • The incident occurred in a construction zone or area
  • Your insurance is outdated
  • Your insurance company suggests that you did not pay your bills or premium
  • Your insurer involves its own lawyer or firm
  • This accident and/or incident resulted in a death
  • The main issue is of who is at fault
  • An accident has occurred where there has been serious injury (bones broken, back, spine, head trauma, paralysis)
  • Parties were involved other than you and another driver such as pedestrians or other vehicles

Goidel & Siegel won a 2 million-dollar settlement for an 8 year-old boy struck by a van. The incident occurred on a path in Red Hook Park, Brooklyn. The boy sustained a fracture of the distal portion of one leg’s femur. He underwent the insertion of percutaneous pins, surgical removal of the pins and the application of an external fixation device. He also underwent about one year of physical therapy.

His mother sued the van’s driver and the van’s owner, the City of New York. The boy and his mother alleged the driver was negligent in the operation of his vehicle and that the city was vicariously liable for the driver’s actions.

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