Syracuse, New York: Test Drive Car Accidents

Jed Dietrich, Esq., Is a Recognized Super Lawyer Who Has Spent Decades Protecting the Rights of Car Accident Victims. If You or a Loved One Has Been Injured in a Test Drive or Car Dealership Accident That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

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No matter what kind of vehicle you are in the market for, getting behind the wheel of a brand-new car can be exhilarating. Dealerships know that a good test drive can really seal a sale, so they will often encourage customers to experience every feature that makes a model unique. Sometimes this means putting the pedal to the metal and exploring an engine’s capabilities, even when on public roads and in other places where safety should take priority.

Taking a test drive can be exhilarating, but it can also be frightening and, at times, risky.

Statistically, motorists in an unfamiliar vehicle are much more likely to crash, and for fairly obvious reasons. Most people who test drive a car are still learning what it can do, not only in terms of acceleration and cruising capability but in terms of safety and braking, too. Some drivers may even have misconceptions based on marketing material or their experience driving other, older cars. Accidents can happen, and when they do, they often occur with very little warning.

If you have been injured in a test drive or by a test driver, you could be entitled to significant compensation. For more than 30 years, the Dietrich Law Firm P.C. has fought to protect the rights of families in Syracuse and throughout the region. A recognized U.S. News & World Report Best Law Firm, we know what it takes to stand up to negligence, and we have the results to prove it. Please send us a message online or call us today at 1-866-529-5334 to speak to a test drive car accident lawyer near Syracuse and schedule your free, no-obligation consultation as soon as possible.

Liability in Test Drive Car Accidents

Since New York is a no-fault state, most accident victims are expected to file a claim with their own insurance company before taking legal action. However, the rules can change if you were driving somebody else’s car, especially if that car was owned and insured by an automobile dealership. Instead of submitting a single claim to your own carrier, you may have to exchange information with the dealer’s insurer, too.

If you sustained serious injuries that exceed the scope of available insurance coverage, you could be entitled to file a personal injury lawsuit. One of the first obstacles in a test drive-related claim relates to liability. Liability, just like insurance, is typically less straightforward when it involves a dealership’s vehicle than it would be if you sued a private motorist. This is because liability can cascade, making it necessary to name more than one defendant. Doing so can make your case more complicated, but it also provides more opportunities to recover compensation.

Depending on the circumstances of your accident, any one or more of the following parties could be liable for a test drive-related crash:

1. The Test Driver

Test drivers have the same duty of care as any other motorist on a public road.

As a general rule, if a test driver causes a serious accident, they could be liable for any resulting costs, whether to another driver, an accompanying salesperson, or a passenger. However, test drivers also have certain rights. If, for example, you were test-driving a car and made a mistake that contributed to the accident, you could still be entitled to damages so long as you were not found 100% at-fault.

2. Another Motorist

If another driver caused the accident, they could be liable, too.

Establishing liability is not always straightforward. It usually involves being able to prove that:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence was the direct cause of your accident;
4. The accident resulted in serious injuries; and
5. You have sustained compensable damages as a result of the accident.

If you have a strong case, you might not think there is much risk in suing another driver.

However, it is worth remembering that you are probably not just filing a claim against a negligent motorist; you are likely going to ask their insurance company for compensation, too.

Even if the at-fault driver cannot mount an effective defense, insurance companies often employ borderline deceptive strategies to devalue claims. Even if they concede that you are entitled to compensation, they could put up a fierce fight to reduce your damages, arguing that your medical costs are exaggerated or that your calculation for pain and suffering is inflated.

3. The Car Dealer

The car dealership or the salesperson who accompanied you could be found at fault if their negligence in any way caused or contributed to the accident.

A dealer could be liable if they interfered with your ability to drive safely by:

1. Trying to grab the steering while;
2. Slamming on the brakes; and
3. Yelling, screaming, or otherwise causing a distraction.

Car dealerships also have a responsibility to ensure that any vehicle released for a test drive is, in fact, safe to drive. If you were put into a car subject to a recall or a vehicle that had not received appropriate maintenance, you may be able to press a claim against the dealership.

4. The Car Manufacturer

Some accidents have causes that cannot be traced back to anyone present at the scene of a crash.

If you get into a new car, you have every right to expect that it is safe to drive. However, automobile manufacturers have anything but a clean record when it comes to safety. Defects are common; they result in millions of recall orders each year.

If and when a defect causes an accident, the manufacturer could be held liable under theories of product liability. Product liability claims are very different from other types of personal injury lawsuits. You do not always have to prove negligence to obtain compensation, but you may need to retain industry experts with enough professional experience to determine how, when, where, and why a defect occurred.

5. Somebody Else

Anyone whose negligence caused or contributed to your accident could be liable for your injuries. If you think that you could have a case, you should not hesitate to assert your rights. Call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a test drive car crash lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Your Potential Compensation in a Test Drive Car Crash Lawsuit

Your damages are the compensation you could receive for your financial losses, physical pain and suffering, and other hardships. In general, your damages are unique to your case, but they could include compensation for any or all of the following:

1. Your outstanding hospital bills;
2. The costs of future care;
3. Physical rehabilitation;
4. Mental health counseling;
5. Lost income from work;
6. The value of exhausted PTO or vacation time;
7. Emotional pain and suffering;
8. Physical pain and suffering;
9. Loss of enjoyment; and
10. Disfigurement.

Under certain, limited circumstances, you may also be able to obtain punitive damages. These damages are not compensatory and are instead designed to punish especially negligent defendants. Most cases do not qualify for punitive damages, but you may be able to request them if your attorney finds evidence that a defendant knowingly exposed you to an unacceptable level of risk.

New York does not cap any category of damages in most car accident-related lawsuits, but it does enforce a strict statute of limitations. If you wait too long to contact an attorney, the statute of limitations could expire. Even if you still have time, any delay could mean that critical evidence goes missing, gets lost, or becomes much harder to obtain.

Do not take chances with your rights: call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a test drive car accident lawyer near Syracuse and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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