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Auto Accident

Can Someone Else Be Negligent in a NY Single-Car Accident?

Can Someone Else Be Negligent in a NY Single-Car Accident?

If you have a single-car accident, are you automatically to blame?

Not necessarily.

A skilled New York auto accident attorney can help you recognize it when another’s negligence may be responsible – and therefore liable for damages.

Single-Car Accidents in New York

These types of situations have caused thousands of single-car accidents in New York – and may have caused your accident as well.

  • A pedestrian jumps out into your driving lane
  • A person in a parked car opens their door
  • A cyclist passes you or swerves into your lane
  • Another driver litters and causes a distraction
  • Debris or cargo flies out of a truck bed
  • A tire blows out on a tractor trailer
  • Rocks from a dump truck hit your windshield

In all of these cases, it’s possible to file a claim against the responsible party if you experienced injury or property damage in a resulting accident.

Consider these examples:

  • A hauling company can be sued for not using proper signage to warn you about flying gravel
  • A trucking company can be held liable for not performing adequate maintenance and inspections
  • Another driver can be fined for littering and held financially responsible for your losses
  • An inebriated pedestrian can be held responsible for walking into your traffic lane

An experienced NY injury attorney will understand exactly which individuals and entities can be held liable in your case.

More Causes of NY Single-Car Accidents

You may be able to file a claim against the following parties, based on the details of your claim.

Government or municipality

In certain cases, the government or municipality can be held responsible for road problems. Situations like a pothole, missing road sign, defective stoplight, or poor road design can lead to single car accidents. If you need to file a claim against a government entity, it’s essential to contact a lawyer immediately due to filing restrictions and other special requirements.

Manufacturers

A problem with your vehicle’s design or manufacturing could have led to your accident. Any part of your vehicle can cause driving problems, such as faulty brake pads or a malfunctioning computer chip. When you contact a skilled attorney, they will be able to determine who can be responsible if any part of your vehicle was defective.

Trucking companies

If a truck was leaking oil or another substance and released a slippery coating on the road, you can file a claim if your single-car accident resulted from the spill. Check with your lawyer about how to hold the trucking operator or owner responsible for damages.

Get Legal Help for Your Single-Car Accident in New York

To recover the maximum amount of damages for your single-car accident, your attorney must prove four different elements:

Duty—The other person or entity owed you a reasonable duty of care. For example, you can reasonably expect that another person or object will not enter your driving lane.

Breach of Duty—Another person or entity was negligent, which violated their duty to you.

Causation—The breach of duty caused injury to you or damage to your property.

Damages—You incurred financial expenses related to your injury or property loss.

 

You should not pay for the medical expenses or repairs that were caused by someone else in your single-car accident. Do not merely assume that it was your fault. Talk to a professional before you decide to pay up and move on.

Joseph macaluso

Published by
Joseph macaluso