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.
If the cause of the accident is your own error or negligence, you are not permitted to seek compensation from anyone else for damages from the accident. One of the biggest ways you could be responsible is failure to maintain your car. If you do not receive routine maintenance checks, or perform work on the car by yourself, you could be found liable for the cause of the accident and subsequent damages. However it is important to investigate whether other parties are actually at fault for the brake failure.
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.
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.
Another party that could potentially be held liable is the mechanic that worked on your car. If the mechanic installs the brakes incorrectly, or damages another part of the vehicle that caused the crash, he or she can be held liable. The mechanic can be held liable even if the parts being installed or used are not defective.
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 have been involved in an accident, whether caused by failing brakes or other auto parts, the personal injury attorneys at Dennis Hernandez & Associates are here to help you. We know how frustrating it can be when accidents are beyond your control and want to help you receive the compensation you deserve. The experienced personal injury attorneys here at Dennis Hernandez & Associates work hard and diligently to get you the compensation needed to recover from an accident. Contact us today for a consultation.