Getting a Recovery for Injuries from an Out of Control Automobile

Last week a out of control motor vehicle went through a storefront Chabad center in Woodmere, Long Island, which was holding a childrens’  Chanukah party.  About 14 people were injured including many children.

If you have been injured in an automobile accident, please call me at 800-581-1434.

The driver claims that the rubber floor mat got wedged between the brake and accelerator so that when he tried to brake, the mat pushed down on the accelerator pedal.

We do not comment upon whether the driver would be guilty of  criminal charges.  However, he would be liable to the injured people for their injuries in a civil lawsuit. 

The driver’s claim of the tangled mat will not hold much water in a negligence lawsuit because the law mandates that the operator take adequate precautions before starting the car.  The operator should have examined the mat before setting-out.  The law also imposes a duty upon the driver to make sure that operating conditions inside the car are safe during his drive.  Therefore, assuming that the driver’s story is true, the tangled mat does not excuse him.

We have handled a good number of cases where a motor vehicle operator lost control and went through either a storefront, a front yard fence, or a backyard fence.  In one case an out of control car went through a storefront.  The store sustained property damage, and the owner and two employees were injured.  In another case a car ran up onto the front lawn and collided with the front of the house.  The car broke-through the front parlor wall.  The home sustained property damage, and the homeowner,  who was in the room, also was injured.

If you have been injured in an automobile accident, please call me at 800-581-1434.

Mark E. Seitelman, 12/28/08,


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