New Jersey Sudden Unintended Acceleration Accident Lawyers
Fighting for Compensation for Clients Injured in Accidents Caused by Unintended Acceleration in NJ
New Jersey roadways are known for their heavy traffic, dangerous drivers, and aggressive driving culture. Hazards such as sudden lane changes, distracted drivers, and inclement weather only increase the likelihood of an accident. Mechanical failures while on the road can complicate matters. A loss of control of the vehicle can result in serious injuries for the vehicle that causes the accident and surrounding vehicles, pedestrians, and cyclists. Unintended sudden acceleration (SUA) occurs when a vehicle unexpectedly speeds up without the driver’s input. It can be a product of driver error or a mechanical or electrical anomaly resulting in a life-threatening accident for everyone involved. Because the driver has little or no time to react, a surge in speed can create a significant amount of property damage, severe injuries, and possibly fatalities.
The experienced product liability attorneys at Cohen & Riechelson advocate for victims of automotive defects that cause unintended acceleration throughout Mercer County and the state of New Jersey, fighting to secure the compensation our clients deserve. Our personal injury lawyers also work on behalf of injured victims to hold other negligent parties accountable when human error allows for sudden increases in speed that cause collisions. If you or a loved one has been injured in an accident involving sudden unintended acceleration, contact our team today at (609) 528-2596 for a free consultation, or fill out our online contact form to discuss your case and explore your legal options.
Factors that Contribute to Sudden Unintended Acceleration
Unintended acceleration is when the vehicle speeds up without the driver pressing the gas pedal. It can also occur when the gas pedal remains stuck in place or the vehicle accelerates faster than intended in relation to the pressure the driver places on the gas pedal. The central mechanical problem with SUA is compounded by the fact that pressing the brake may not affect the car’s speed.
Various circumstances contribute to SUA:
- Cruise control, though a perk when driving on the highway, can malfunction, leaving the driver at risk.
- The electronic throttle controls the amount of air in the throttle, thus controlling the speed.
- Errors in the electronic control module can cause the throttle to malfunction.
- Software or computer issues can interrupt the car’s ability to receive and process information, affecting the sensors under the gas pedal.
- Design flaws in Toyota’s cars before 2010 included the lack of an override system that would allow drivers to slow the vehicle by pressing on the brake.
- Toyota vehicles also had a faulty floor mat design that caused issues by partially covering the gas pedal.
- Inexperienced or elderly drivers may inadvertently put their foot on the gas, thinking it is the brake. This happens often in high-stress situations or when a sudden stop is needed. It is also the result of distracted driving.
- A quick glance at a cell phone or trying to get that next text sent as soon as possible can cause driver error, resulting in SUA.
Vital Emergency Protocols for Sudden Vehicle Acceleration
Although it seems counterintuitive, staying calm is the most important thing to do if your car unexpectedly accelerates. Pay close attention to your surroundings and try to avoid contact with other cars. Don’t turn off the engine because the brakes and steering will lose power, leaving you unable to control the vehicle. Keep your foot on the brake and press continuously. Pumping the brakes or pulling the emergency brake all the way up could cause a rollover.
Put the transmission in neutral or press down on the clutch. This will prevent the motor from moving the car forward. If the engine continues to rev, as long as you are in neutral, the engine will not continue to accelerate. Once you are at a safe speed, pull over slowly to the side of the road. Put your car in park, set the parking brake, turn it off, and take several deep breaths.
Legal Remedies for Unintended Acceleration Victims
Victims of SUA have several legal options for recovering damages in New Jersey. A product liability claim against an auto parts supplier or distributor, a dealership, or a manufacturer is possible, depending on the cause of the defect. A car company that knowingly does not conduct a recall of flawed vehicles can be engaged in a class action lawsuit against a group of affected consumers. On a smaller scale, if a mechanic or repair shop acted negligently, contributing to the SUA, compensation can be sought by the affected parties. Personal injury claims may also be applicable in cases involving negligent drivers who suddenly speed up with no warning or valid explanation, ultimately leading to accidents and injuries.
Gathering evidence is essential in these cases. Witness testimony can be beneficial. If passengers are in your car, they can provide their account of the incident. Witnesses outside of your vehicle who saw what happened are also helpful to have. Your vehicle’s data recorder (the “black box”) will show electrical or computer issues. Maintenance records from your mechanic or dealership should be submitted as evidence. Expert witnesses such as engineers or those familiar with SUA causes are an asset to your case.
Potential Damages in SUA Accident Cases
You can sue for past and future medical bills, loss of consortium, past and future lost wages, and pain and suffering. If the defendant’s actions were egregious and negligent, punitive damages of no more than $350,000 may be assessed.
Consumer Safeguards and New Jersey’s Approach to Vehicle Defects
New Jersey has a Lemon Law for owners of new and used cars. It protects consumers whose car was purchased up to two years ago or has less than 24,000 miles on it. The Lemon Law protects those who experience a defect that substantially affects the car’s use or is a serious safety defect. Before submitting a claim, the owner must write a letter to the manufacturer stating that you allow them to repair the problem. If the problem is not fixed, you could be entitled to a refund. The New Jersey Consumer Fraud Act (CFA) prohibits misrepresentation, fraud by omission, deception, and other fraudulent commercial practices. It is based on the premise that a business should be trustworthy and honest to its clients. It is applicable in selling real estate, goods, and services to prevent consumer fraud and allow for legal recourse when these instances occur.
Under New Jersey’s strict liability laws, manufacturers and sellers can be held responsible for a design, manufacturing defect, or failure to warn the public about potential issues. Victims do not need to prove negligence; they only need to prove that the defect caused them harm.
Get a Free Review of Your Case from NJ Personal Injury and Product Liability Attorneys Today
Accidents involving sudden unintended acceleration require a detailed investigation to determine the root cause of your accident. Our personal injury and product liability lawyers at Cohen & Riechelson have the resources to hire experts, examine evidence, and build a case to identify the responsible parties. We also consult with expert witnesses who can provide testimony to support your case. Our resources give you an advantage when compensation for your injuries is essential to recovering and moving on after a devastating accident.
With over 50 years in practice, our law firm has obtained substantial settlements for our clients in Hamilton, Lawrence, Robbinsville, West Windsor, East Brunswick, Trenton, Woodbridge, Princeton, and throughout New Jersey. Our job is to deliver tangible results in your case, securing total damages for your injuries resulting from a sudden unintended acceleration accident. We will create a personalized strategy specific to your case and circumstances. If you have questions about how we can help you in your SUA case in New Jersey, call our attorneys today at (609) 528-2596 or contact us online.
