Car Accident Mechanical Failures in Lake Worth
When it comes to car accidents in Lake Worth, Florida, a number of different causes can be cited. Most of these have to do with mistakes on the part of the driver(s) or some form of negligence or recklessness. The results of these crashes can range from expensive property damage to serious injuries and fatalities. However, it is also true that a car accident may result from mechanical failure.
When this type of accident has occurred, it is necessary, but often difficult to determine if the cause was a mechanical issue, as opposed to a human error. Even if the cause has been determined to be a mechanical failure, it must be determined if the mechanical failure was the fault of the original vehicle design, a manufacturing issue, owner negligence or a problem associated with a mechanic’s repair job.Who is Liable in a Car Accident Resulting from Mechanical Failure?
With a car accident from mechanical failure, determining liability can evolve into a very complicated process. Some of the complexity will arise from the fact that all parties involved may try to avoid someone pointing a finger at them. Therefore, the very first step that needs to be taken in a Lake Worth car accident from mechanical failure situation is to ensure that the vehicle which caused the accident is preserved for a complete analysis during an investigation. The investigation is designed to determine if there were any worn or defective parts that contributed to the accident. In Lake Worth accident cases of this nature, the law applies three standards to a claim that an accident was caused by mechanical failure. These are:
- A claim for negligence from a party
- A liability claim associated with a product
- A strict liability claim (When we say “strict liability”, it’s meant that a product was deemed defective and unreasonably dangerous, after it has left the manufacturer’s control.)
Since a motor vehicle consists of a large number of parts, there are many things that may go wrong with it. However, some of the most common sources of a car accident from mechanical failure involve:
A vehicle’s steering mechanism which, in today’s vehicles, are exceptionally complicated and thus opens them up to many different failure types. Once a vehicle’s steering malfunctions, it may be impossible to control the car or truck and an accident can result. Even a small error in the steering may suddenly make it impossible to accurately control the exact direction that one is driving in.
Headlights and taillights are there to allow other drivers to determine what you’re going to do next as well as your vehicle’s location. When these lights are either broken or too dim, vehicle accidents can occur. This is especially true in situations in which there is inclement weather or at night.
Windshield wipers are necessary in order to maintain visibility in situations where there is inclement weather. This is why it is recommended that one changes their wipers regularly, before they get too worn. Once this happens, the wipers can no longer be used to completely remove rain and other types of moisture from the windshield.
Tires are highly susceptible to blowing out and causing a vehicle to suddenly swerve and cause an accident. Without the tire’s effective point of contact on the road, steering becomes nearly impossible. This can happen due to the tires being inflated incorrectly or worn. At a high rate of speed, the accident can be catastrophic and can even result in fatalities.
Brakes that aren’t functioning correctly can be an obvious source of a car accident from mechanical failure. However, the brakes don’t have to completely malfunction in order to create an accident. If the brakes merely take too long to slow a vehicle down, then an accident may occur. There are many occasions in which the brake’s lines and AB systems have been determined faulty due to a mechanic’s negligence or a vehicle manufacturer error.
Needless to say, there are many other types of mechanical failures that may cause an accident or create an injury. These can include; defective seat belts, defective air bags and other defective safety features.What are My Rights Under Florida’s Vehicle Product Liability Laws?
You may find that you have a valid claim against a car manufacturer or the manufacturer of your vehicle’s parts. Under the liability laws which govern Lake Worth and the rest of the state (Florida Statutes 774.208), a manufacturer may be held liable for any harm that comes from their product(s). Because of this, it can be possible to file a lawsuit against a manufacturer for; breach of warranty, strict liability or negligence.
Therefore, if you’re claiming that a manufacturer was responsible for your accident, then you need to show that there was a situation in which a part was defective. In a liability lawsuit, you will encounter 3 different types of defects. These are:
Marketing defect lawsuits are pretty rare for the manufacturer of a motor vehicle. The reason for this has to do with the fact that manufacturers have legal consultation when it comes to setting up their advertising and marketing. Because of this, you’ll find the appropriate disclaimers on all of their advertising and promotion material. Manufacturers are keenly aware of the huge consequences that can arise if they neglect to adhere to marketing regulations.
A design defect is a bit more common and can become evident only after a number of similar incidents have been reported. In this case, you’re looking at the entire automotive product line. For example, there was a famous case in which a faulty design with the placement of the fuel tank led to explosions in cases of rear impact accidents. Because of this, there was a massive vehicle recall and the vehicle manufacturer was held liable for any harm that resulted from these explosions.
A manufacturing defect can be quite common when you consider how many individual parts are created in a manufacturing plant on a daily basis. As with a limited product recall, this type of defect will usually only affect a certain batch of parts as opposed to an entire product line.
In these types of situations, when filing a lawsuit against manufacturers, there needs to be a causal link that is drawn between the defect and the injury that was suffered. This will serve to justify the claim made through your lawsuit.Who is Liable in a Vehicle Repair Mechanical Failure?
There are also many instances in which a mechanic was at fault when it came to performing a vehicle repair that resulted in a car accident from mechanical failure. Here, you may have the ability to file a lawsuit against the mechanic who incorrectly performed their “repairs”. The reasoning here is that the mechanic owed a “duty of care” and was responsible for the violation of that duty. As a result, that duty of care violation directly resulted in an accident in which a personal injury or fatality was suffered. Possible restitution may include; medical bills, lost income, property damage and pain and suffering.What are the Statutes of Limitations for Auto Mechanical Failure Lawsuits?
When it comes to the statute of limitations for injuries that have been suffered due to a car accident from mechanical failure, it is generally a period of 4 years is in place for filing a lawsuit. (Statute 95.11(3)). The limitation is set at 2 years, for a wrongful death lawsuit. Sec. 95.11(4)(d).Why is It Important to Consult with an Attorney?
There will usually be a point in which one will need to decide whether or not to pursue a lawsuit that stems from the results of a car accident from mechanical failure. However, it is highly suggested that you first have a consultation with an experienced mechanical failure accident attorney. That initial consultation is free and may give you everything that you need to know in order to make a decision that will best benefit you and your loved ones.
The main reason for this rests with the fact that a mechanical failure accident attorney may know what to look for when it comes to determining liability. An experienced attorney can try to assist you in recovering damages for lost time at work, medical bills, car replacement or repair expenses and various incidental expenses related to the accident.
You should also keep in mind that the other side will also most likely have a legal representative assisting them, as well. Their goal may be to ensure that you receive as little restitution as possible, no matter the circumstances.
It is advised that you don’t speak to a legal representative from the other side and certainly don’t sign anything or accept an offer from the other insurance company. These offers may seem generous, but they’re designed to cover as little as possible when it comes to your potential needs.Enlist an Experienced Personal Injury Lawyer to Protect Your Rights
Deaths and injuries from a car accident from mechanical failure can be the result of negligent behavior, which may occur in Lake Worth at any given time. In addition, it’s important to understand that while high speeds are often a factor in car accidents there are also many times when this isn’t the situation. There have been a number of cases in which a mechanical failure has resulted in an injury that eventually led to a person’s death. The injuries involved may include brain damage and various internal organ injuries. Therefore, even if you are involved in a car accident from mechanical failure, it is advised that you seek medical care and the advice of a car accident personal injury attorney.
Contact a personal injury attorney, who can try to assist in helping you receive the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Lake Worth car accident from mechanical failure, contact a Mechanical Failure Car Accident Personal Injury Attorney Serving Lake Worth Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.