Imagine you are traveling down the highway, getting ready to slow down and take the next exit. You tap the brakes to reduce your speed, but the brakes do not work. Pushing down the pedal does nothing to stop the vehicle. Because of this brake failure, you crash into the car ahead of you on the exit ramp. Who is at fault in this situation? In Florida, there are a few parties who might be held liable for the injuries sustained.
You
If your own error or negligence caused the accident, you cannot seek compensation from someone else for the resulting damages. One of the main ways you may cause an accident is by failing to maintain your car. If you skip routine maintenance checks or perform the work yourself, you may bear liability for the accident and the resulting damages. However, you should still investigate whether another party actually caused the brake failure.
Car Manufacturer
The first party looked at in a brake failure accident is the manufacturer of the car. A car manufacturer can be held liable for brakes failing if it can be proven that the brake part was defective. If the brake part is found to be defective, you may be able to hold the car manufacturer liable for your injuries.
Parts Manufacturer
The next party to consider is the parts manufacturer or seller. If the company responsible for manufacturing the brakes in your car, or the seller, is selling defective products, they could be held liable.
Mechanic
Another party that could potentially bear liability is the mechanic who worked on your car. If the mechanic installs the brakes incorrectly or damages another part of the vehicle and causes the crash, that mechanic can bear liability. The mechanic can bear liability even when the installed or used parts are not defective.
Multiple Parties
Sometimes, an accident is not clearly caused by just one party. In these instances, more than one party can be found liable for an accident. What happens if it is not just third parties at fault for the accident? What if you played a role in causing the accident? Florida is a pure comparative negligence state. State law says that “contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.” This means that your damages will be reduced by the percentage that you were at fault.
If you were involved in an accident caused by failing brakes or other defective auto parts, the personal injury attorneys at Dennis Hernandez Injury Attorneys are here to help. We know how frustrating accidents can feel when they happen beyond your control. We want to help you recover the compensation you deserve. The experienced personal injury attorneys at Dennis Hernandez Injury Attorneys work hard and diligently to pursue the compensation you need to recover after an accident. Contact us today for a consultation.
