At Rosenberg, Minc, Falkoff & Wolff, LLP, our knowledgeable New York car accident lawyers have created this comprehensive compilation of legal definitions related to car accident claims. By familiarizing yourself with these terms, you will be better equipped to understand and deal with the complexities of car accident cases in New York.
If you or a loved one has been involved in a car accident, consult with our dedicated NYC car accident attorneys who can guide you through the legal process and help you recover the largest financial compensation you are entitled to.
[Definitions Listed in Alphabetical Order]
Advanced Driver Assistance Systems (ADAS): Advanced Driver Assistance Systems encompass a range of technologies designed to assist drivers in the driving process. Examples include adaptive cruise control, lane keeping assist, and automatic parking systems.
Airbag Deployment: Airbag deployment refers to the activation of airbags in a vehicle during a collision or impact. Improper deployment or failure to deploy can affect the safety of vehicle occupants.
Anti-lock Braking System (ABS): ABS is a safety system that prevents wheels from locking up during braking, allowing the driver to maintain steering control. It modulates brake pressure to each wheel individually to optimize stopping distance.
Arbitration: Arbitration is an alternative dispute resolution method where a neutral third party, known as an arbitrator, hears the evidence and makes a binding decision. This process is often quicker and less formal than going to court and can be used to resolve disputes in car accident claims when both parties agree to it.
At-Fault Party: The at-fault party is the individual or entity responsible for causing the car accident due to negligence or reckless behavior. Establishing fault is essential for determining liability and seeking compensation from the responsible party.
Augmented Reality (AR) Navigation: AR navigation systems overlay real-time navigation information, such as route directions and points of interest, onto the driver’s view of the road through the vehicle’s windshield or heads-up display (HUD).
Backup Camera: A backup camera, also known as a rear-view camera or reversing camera, is a video camera mounted on the rear of a vehicle. It provides a view of the area directly behind the vehicle, assisting drivers in reversing and maneuvering safely.
Black Box (Event Data Recorder): A black box, or event data recorder (EDR), is a device installed in some vehicles to record data related to the vehicle’s operation, such as speed, braking, acceleration, and airbag deployment, before and during a crash.
Brake Assist (BA): Brake Assist is a safety feature that detects emergency braking situations based on how quickly the driver presses the brake pedal. It automatically increases braking force to reduce stopping distance and prevent collisions.
Brake Failure: Brake failure occurs when the brakes of a vehicle malfunction or do not function as intended, leading to an inability to slow down or stop the vehicle.
Collision Avoidance System: A collision avoidance system is a safety feature in vehicles designed to prevent or mitigate collisions. It typically includes technologies such as automatic emergency braking (AEB), forward collision warning (FCW), and lane departure warning (LDW) systems.
Comparative Negligence: Comparative negligence is a legal doctrine used in New York that allows for the apportionment of fault among multiple parties in a car accident. If both parties are found to be partially at fault, each party’s compensation is reduced by their percentage of fault. For example, if you are found to be 20% at fault, your damages will be reduced by 20%.
Crashworthiness: Crashworthiness refers to a vehicle’s ability to protect occupants in the event of a crash. It involves the design and structural integrity of the vehicle, including features like airbags, seat belts, and the vehicle’s body structure.
Dashcam (Dashboard Camera): A dashcam is a small video camera mounted on the dashboard or windshield of a vehicle. It continuously records the view of the road ahead and can capture footage of events leading up to and during a car accident.
Defective Door Latches: Defective door latches can result in doors opening unexpectedly during a collision or rollover accident, leading to ejection or increased risk of injury for occupants.
Demand Letter: A demand letter is a formal written request sent to the insurance company or at-fault party, outlining the facts of the case, the injuries sustained, and the compensation sought. This letter is often the first step in negotiating a settlement without going to court.
Deposition: A deposition is a sworn out-of-court testimony given by a witness or involved party in the presence of attorneys. It’s part of the discovery process, where both sides gather information and evidence to build their case before trial.
Digital Forensics: Digital forensics in the context of car accidents involves the examination and analysis of electronic devices and data sources (e.g., smartphones, vehicle EDRs) to gather evidence related to the accident, such as driver behavior or vehicle malfunctions.
Distracted Driving: Distracted driving occurs when a driver’s attention is diverted away from the road due to activities such as texting, eating, talking on the phone, or using in-car technologies. This is one of the leading causes of car accidents and can significantly impair a driver’s reaction time and decision-making abilities.
Driving Under the Influence (DUI): Driving under the influence involves operating a vehicle while impaired by alcohol, drugs, or other substances. DUI is illegal and significantly increases the risk of accidents due to impaired judgment, reduced coordination, and slower reaction times.
Drunk Driving Accident: A drunk driving accident involves a driver operating a vehicle under the influence of alcohol or drugs. These accidents are preventable and often result in severe legal consequences for the impaired driver, including criminal charges and civil liability.
Economic Damages: Economic damages are the quantifiable monetary losses suffered due to an accident. These include medical expenses, lost wages, property damage, and other out-of-pocket costs directly related to the accident and injury.
Electronic Brakeforce Distribution (EBD): EBD is a technology that automatically adjusts the distribution of braking force between the front and rear wheels of a vehicle based on driving conditions and load. It enhances braking performance and stability.
Electronic Stability Control (ESC): Electronic Stability Control is a vehicle safety system that helps prevent skidding and loss of control. It automatically applies brakes to individual wheels and adjusts engine power to help the driver maintain control in emergency situations.
Engine Failure: Engine failure refers to the sudden stoppage or malfunction of the vehicle’s engine while in operation, which can lead to loss of power and control over the vehicle.
Event Reconstruction: Event reconstruction involves the process of analyzing data and evidence from a car accident to recreate the sequence of events leading up to and following the crash. This can include using physics principles and computer simulations.
Fatigued Driving: Fatigued driving, also known as drowsy driving, occurs when a driver operates a vehicle while feeling sleepy or fatigued. This impairs reaction times, awareness, and judgment, similar to the effects of driving under the influence of alcohol.
Faulty Electrical System: A faulty electrical system in a vehicle can cause various issues, including failure of crucial components such as lights, signals, and safety systems, potentially contributing to accidents.
Following Distance: The space maintained between a driver’s vehicle and the vehicle ahead. Maintaining a safe following distance helps prevent rear-end collisions and is required by traffic laws.
Fuel System Defects: Fuel system defects include issues with fuel tanks, lines, or components that can lead to leaks, fires, or explosions in the event of an accident or impact.
GPS (Global Positioning System): GPS is a satellite-based navigation system that provides real-time location information to vehicles. It’s used in in-vehicle navigation systems to guide drivers to their destinations and provide route guidance.
Head-On Collision: A head-on collision occurs when two vehicles traveling in opposite directions crash into each other front-to-front. These accidents are often severe and can be fatal, as the impact force is significantly higher than in other types of crashes.
Headlights and Taillights: Headlights and taillights are critical for visibility on the road. Malfunctioning or improperly maintained lights can reduce visibility for the driver and increase the risk of accidents, especially in low-light conditions.
Hit-and-Run Accident: A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing contact information or assisting the injured parties. This is illegal in New York and can lead to severe penalties for the fleeing driver.
HOV Lane (High-Occupancy Vehicle Lane): A designated lane on highways reserved for vehicles with a minimum number of occupants, such as carpoolers or buses. Violating HOV lane rules can result in fines and penalties.
Inexperienced Driving: Inexperienced driving refers to the lack of driving skills or knowledge that new or young drivers may have. This can result in poor decision-making, inability to handle emergency situations, and higher susceptibility to distractions.
Intersection Accident: An intersection accident occurs at or near an intersection and can involve various types of collisions, such as T-bone, rear-end, or head-on crashes. These accidents often result from failing to obey traffic signals, stop signs, or right-of-way rules.
Lane Departure Warning (LDW): Lane Departure Warning is a safety feature that alerts drivers when their vehicle begins to unintentionally drift out of its lane without signaling. It may provide visual, auditory, or tactile warnings to prompt corrective action.
Lane Discipline: The practice of staying within designated lanes while driving. Failure to maintain lane discipline can lead to accidents, particularly in lane-changing maneuvers.
Lane Watch Camera: A lane watch camera is typically mounted on the side mirror or fender of a vehicle to monitor blind spots and adjacent lanes. It provides a visual feed to the vehicle’s infotainment or navigation screen to assist in lane changes and merging.
Liability: Liability refers to the legal responsibility one party has for the damages caused to another party. In car accidents, determining liability involves establishing who was at fault and to what extent they are responsible for the resulting injuries and damages.
Maintenance Neglect: Maintenance neglect occurs when vehicle owners or operators fail to perform regular and necessary maintenance tasks, such as oil changes, brake inspections, and tire rotations. Neglecting maintenance can lead to mechanical failures and increase the risk of accidents.
Manual Override: Manual override is a feature in some autonomous or semi-autonomous vehicles that allows the human driver to take control of the vehicle’s operation at any time, overriding automated systems.
Mechanical Failure: Mechanical failure refers to the malfunction or breakdown of a vehicle’s mechanical components, such as brakes, steering, engine, or transmission. This can lead to loss of vehicle control and accidents.
Miranda Warning: Miranda warning, also known as Miranda rights, is a legal requirement to inform individuals of their rights when being arrested or interrogated by law enforcement. It includes the right to remain silent and the right to an attorney. This can be relevant in criminal cases involving DUI or other criminal charges.
Motor Vehicle Code: The motor vehicle code is a set of laws and regulations governing the operation, registration, and safety standards of vehicles on public roads. These laws vary by state and are enforced to ensure road safety and order.
Negligence Per Se: Negligence per se is a legal doctrine that presumes a party’s negligence if they violated a law or regulation designed to protect the public, such as traffic laws. If it’s proven that the violation directly caused the accident, the at-fault party can be held liable without needing to prove ordinary negligence.
Night Vision Assist: Night vision assist is a technology that uses infrared sensors or thermal imaging to detect objects and pedestrians in low-light conditions, displaying the information on the vehicle’s display screen to improve nighttime visibility.
Non-Economic Damages: Non-economic damages are compensation for non-monetary losses resulting from an accident, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Parking Sensors: Parking sensors are ultrasonic or electromagnetic sensors mounted on the front and rear bumpers of a vehicle to detect obstacles while parking. They provide audible or visual alerts to help the driver avoid collisions while maneuvering in tight spaces.
Pedestrian Detection System: A pedestrian detection system is an advanced safety feature that uses cameras, radar, or lidar to detect pedestrians in or near the vehicle’s path. It can alert the driver or automatically apply the brakes to avoid or mitigate a collision.
Personal Injury Protection (PIP): PIP is a type of auto insurance coverage that pays for medical expenses, lost wages, and other related costs for the policyholder and passengers, regardless of who is at fault in an accident. New York requires all drivers to carry PIP coverage as part of their insurance policy.
Phantom Driver: A phantom driver is a term used to describe an unknown or unidentifiable driver who causes an accident and then leaves the scene without providing contact information. This can complicate the process of filing a claim and seeking compensation for damages.
Police Report: A police report is an official document created by law enforcement officers who respond to a car accident scene. It includes details about the accident, such as the parties involved, witness statements, and any citations issued. The police report is an essential piece of evidence in car accident claims and lawsuits.
Post-Collision Braking: Post-collision braking is a safety feature that automatically applies the brakes after a collision to reduce the risk of secondary impacts. It helps prevent further damage and injuries by bringing the vehicle to a controlled stop.
Product Liability: Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries or damages caused by defective or dangerous products, including automotive parts and vehicles. Victims of accidents caused by product defects can file product liability claims to seek compensation.
Pursuing Compensation: The process of seeking financial reimbursement for damages and losses resulting from a car accident. This can involve negotiating with insurance companies, filing claims, and pursuing legal action if necessary.
Rear-End Collision: A rear-end collision occurs when one vehicle crashes into the back of another vehicle. These accidents are often caused by following too closely, distracted driving, or sudden braking.
Reckless Driving: Reckless driving involves operating a vehicle with a willful disregard for the safety of others. This includes behaviors such as excessive speeding, aggressive driving, running red lights, and other dangerous actions that increase the risk of accidents.
Regenerative Braking: Regenerative braking is a technology used in electric and hybrid vehicles that converts kinetic energy into electrical energy during braking. This energy is then stored in the vehicle’s battery for later use, improving efficiency and reducing wear on traditional brake components.
Ride-Sharing Accident: A ride-sharing accident involves a vehicle associated with a ride-sharing service, such as Uber or Lyft. Determining liability in these accidents can be complex, as it may involve multiple parties, including the ride-sharing company, the driver, and other involved vehicles.
Right-of-Way: Right-of-way refers to the legal right of a vehicle or pedestrian to proceed in a traffic situation without interference from others. Understanding and respecting right-of-way rules is essential for preventing accidents and ensuring safe interactions on the road.
Road Hazards: Road hazards include any conditions or obstacles on the roadway that pose a danger to drivers. Examples include potholes, debris, construction zones, and adverse weather conditions. Drivers are expected to navigate road hazards safely, but certain hazards may still contribute to accidents.
Seat Belt Failure: Seat belt failure occurs when the seat belt system does not function properly during a collision, increasing the risk of injury or ejection from the vehicle. This can be due to design defects, manufacturing errors, or improper maintenance.
Self-Driving Cars: Self-driving cars, also known as autonomous vehicles, are equipped with advanced sensors, cameras, and artificial intelligence to operate without human intervention. They can navigate and make driving decisions based on real-time data and pre-programmed algorithms.
Side-Impact Collision: A side-impact collision, also known as a T-bone or broadside collision, occurs when the side of a vehicle is struck by another vehicle. These accidents can result in severe injuries due to the limited protection provided by the sides of the vehicle.
Skid Marks: Skid marks are the visible traces left by tires on the road surface when a vehicle brakes abruptly or loses traction. Skid marks can provide valuable evidence in reconstructing the events leading up to an accident and determining factors such as speed and braking.
Statute of Limitations: The statute of limitations is the legal time limit within which a car accident claim or lawsuit must be filed. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. Failing to file within this timeframe can result in the loss of the right to seek compensation.
Subpoena: A subpoena is a legal document that orders a person to appear in court, provide testimony, or produce documents relevant to a car accident case. Subpoenas are used to gather evidence and ensure the participation of witnesses and parties involved in the litigation process.
SUV Rollover: An SUV rollover occurs when a sport utility vehicle (SUV) tips over onto its side or roof. Due to their higher center of gravity, SUVs are more prone to rollovers compared to other types of vehicles. These accidents can result in severe injuries and fatalities, particularly if occupants are not wearing seat belts.
Telematics: Telematics is a technology that combines telecommunications and informatics to monitor and transmit data from vehicles. It’s used in various applications, including fleet management, usage-based insurance, and vehicle diagnostics. Telematics systems can provide valuable information about a driver’s behavior and vehicle performance.
Testimony: Testimony is the formal statement given by a witness under oath, usually in court or during a deposition. In car accident cases, testimony from witnesses, experts, and involved parties can provide crucial evidence to establish facts and determine liability.
Third-Party Claims: Third-party claims are filed by a victim against the insurance company of the at-fault party. In New York, you can seek compensation for medical expenses, property damage, and other losses from the responsible party’s insurer.
Tire Blowout: A tire blowout occurs when a tire suddenly bursts or loses air pressure, causing the driver to lose control of the vehicle. Tire blowouts can result from factors such as improper inflation, worn-out tires, or road hazards.
Tire Defects: Tire defects refer to manufacturing flaws or design issues in tires that can lead to failure, such as tread separation, blowouts, or sidewall damage.
Traffic Citation: A traffic citation, also known as a traffic ticket, is a notice issued by law enforcement to a driver who has violated traffic laws. Common violations include speeding, running red lights, and illegal turns. Traffic citations can serve as evidence in determining fault in a car accident case.
Traumatic Brain Injury (TBI): A traumatic brain injury is a serious injury caused by a blow or jolt to the head, often resulting in long-term cognitive, physical, and emotional impairments. TBIs can occur in car accidents due to impacts with the steering wheel, dashboard, or other parts of the vehicle.
Uninsured/Underinsured Motorist Coverage (UM/UIM): UM/UIM coverage is a type of auto insurance that provides protection if you are involved in an accident with a driver who does not have sufficient insurance to cover your damages. In New York, drivers are required to carry a minimum amount of UM/UIM coverage.
Unsafe Lane Change: An unsafe lane change occurs when a driver switches lanes without proper signaling, checking blind spots, or ensuring there is enough space to do so safely. This can lead to sideswipe collisions and other types of accidents.
Vicarious Liability: Vicarious liability is a legal concept that holds one party responsible for the actions of another. In the context of car accidents, employers can be held vicariously liable for accidents caused by their employees while performing work-related duties.
Visual Obstruction: Visual obstruction refers to anything that blocks a driver’s view of the road, such as large vehicles, buildings, foliage, or weather conditions. Obstructions can contribute to accidents by reducing a driver’s ability to see and react to potential hazards.
Vehicle Recall: A vehicle recall is issued by manufacturers or regulatory authorities when a defect or safety issue is discovered in a vehicle model. Recalls are intended to address and correct the issue to prevent accidents and ensure vehicle safety.
Vehicle Safety Ratings: Vehicle safety ratings are assessments provided by organizations such as the National Highway Traffic Safety Administration (NHTSA) and the Insurance Institute for Highway Safety (IIHS). These ratings evaluate a vehicle’s performance in crash tests and its safety features, helping consumers make informed purchasing decisions.
Whiplash: Whiplash is a common neck injury resulting from a sudden, forceful back-and-forth movement of the head, often occurring in rear-end collisions. Symptoms include neck pain, stiffness, and headaches, and it can lead to long-term complications if not properly treated.
Witness Testimony: Witness testimony is the account given by individuals who observed an accident or its aftermath. Witnesses can provide valuable information about how the accident occurred, the behavior of the parties involved, and other relevant details.
Wrongful Death: Wrongful death is a legal term describing a death caused by the negligence or misconduct of another party. In car accident cases, surviving family members may file a wrongful death lawsuit to seek compensation for their loss, including funeral expenses, lost income, and emotional suffering.
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