Car Accident Mechanical Failures in Jupiter
When one considers the various causes of accidents in Jupiter, Florida, an entire spectrum of reasons can easily come to mind. The most common reasons that will generally pop into your mind are reasons associated with driver negligence. When envisioning these types of accidents, one may also imagine the tragic consequences that can also be attached to these occurrences. Yet, there is also a type of accident that has nothing to do with an error on the part of the driver(s). This situation can be labeled a car accident due to mechanical failure.
When an accident is blamed on mechanical issues, one of the first things that needs to occur is making sure that a mechanical issue was truly the cause of the accident. Once this is verified, then this can open up a very complex and detailed investigation. The goal is to narrow down the origin of the failure. It may be due to: a faulty repair by a mechanic, a design issue with the vehicle, a problem that stems from the manufacturing plant or negligence on the part of the vehicle owner.Who is responsible for a car accident caused by mechanical failure?
When dealing with a car crash that results from a mechanical issue, liability determination can be a complex issue. Part of the difficulty can arise when all parties involved start pointing fingers at each other in an effort to avoid taking the blame. Therefore, in a Jupiter car accident due to mechanical failure, one of the first steps is to ensure that the vehicle responsible for the accident is available for inspection.
In this case, you will want to make sure that a complete analysis is performed in order to see if a worn or defective part was involved. According to statutes that pertain to Jupiter, there are standards that must apply, in order to claim mechanical failure as the cause of the accident.
- A party must claim that negligence was involved
- There must be a liability claim that is associated with a product
- A “strict liability claim” in which a product was shown to be defective/dangerous once it has left the control of the manufacturer.
Pertinent comparative fault issues can also be found in Florida statutes 768.81.
In this case, the term “damages” refers to the restitution that is given to the originator of the lawsuit (plaintiff). The damages will be based on the type of negligence and resultant injuries that have occurred.
One should also consider that the comparative negligence rule is also in effect in Jupiter. This is a factor in cases in which the plaintiff also has something to do with the cause of the accident. Should this be the case, then the damages are adjusted accordingly. An example of this would be if the plaintiff was found responsible for 35% of the accident, then they would only receive 65% of the damages amount that is awarded by the court. Since this happens to be the case, it can be worth pursuing a lawsuit even in situations where one might have a certain level of responsibility.Mechanical Failures and Vehicle Recalls That Lead to Car Accidents
Needless to say, a vehicle is made up of a large number of mechanical parts, so there can be a number of things that might go wrong. Even so, there are some mechanical aspects of a vehicle that can fail more often than others. These are:
- Mechanics related to the vehicle’s steering – at one time, a vehicle’s steering mechanism was a relatively simple affair. However, these days, there are a number of complicated electronics that make up a steering mechanism. Should any issues develop with the steering of a vehicle, the driver may easily lose control and become in an accident.
- A vehicle’s windshield wipers can be critical to a driver’s visibility – This is especially true in inclement weather in which the vehicle’s windshield wipers are needed to clear the windshield of rain or snow. Windshield wipers may become worn or they may exhibit a mechanical failure.
- Taillights and headlights are necessary, in order to allow other motorists to know what a vehicle is going to do next or for driver visibility – Headlights that are too dim or non-functional can compromise the visibility of a driver. Taillights that are non-functional can keep a driver from signaling a stop or an intention to turn.
- Brakes are essential for a vehicle to slow down properly and come to a stop – It goes without saying how malfunctioning brakes can lead to a catastrophic accident. However, there have been many cases in which a brake’s AB system or a vehicle’s brake lines have been deemed faulty. This can be due to negligence on the part of a vehicle manufacturer or a mechanic.
- Tires that blow out or don’t provide proper traction commonly cause accidents – A tire that blows out at high speed can result in a major accident involving serious injuries and fatalities. Problems with a vehicle’s tires can be traced to an accidental puncture or to incorrect inflation.
Defective airbags, seatbelts and other vehicle mechanics can also play a part in a car accident due to mechanical failure.File A Claim for Product Liability in Jupiter
If it’s determined that your car manufacturer or the manufacturer of your vehicle’s parts are to blame for your accident, then you may have a valid claim against the responsible party. (Florida Statutes 774.208). Here, a manufacturer may be held liable for any damages that directly result from their products. In this case, it may be possible for one to file a lawsuit against the vehicle or vehicle parts manufacturer for; negligence, strict liability or breach of warranty. Of course, in a lawsuit in which you claim that the manufacturer was responsible, it needs to be shown that the part they created was directly associated with the accident in which damages occurred. The types of defects that can be claimed are:
- Marketing defects – These types of lawsuits are generally quite rare when it comes to vehicle manufacturers. The reason for this has to do with the fact that just about all manufacturers enlist a team of legal support when it comes to advertising their products. You may have noticed the small print featured in vehicle commercials and other forms of advertising. These consist of disclaimers that cover the manufacturers who understand the problems that could arise if they fail to meet standard marketing regulations.
- Design defects – are found more commonly, but are usually only evident after a number of accidents involving a particular vehicle or vehicle part. Many of remember a famous case in which a faulty auto design resulted in gas tank explosions that occurred even in relatively minor rear end collisions. This case resulted in a major recall and the manufacturer was held to be liable for the damages that were inflicted as a result of the faulty design.
- Manufacturing defects – these are typically the most common types of mechanical failure lawsuits. The reason for this may stem from the huge number of parts that are manufactured on a daily basis in most manufacturing plants. However, this type of defect is usually limited to a specific batch of vehicle parts as opposed to the complete product line.
With these types of lawsuits, a causal link needs to be proven between the injury/fatality and the defective part. This will, in turn, justify the lawsuit’s claim.Jupiter Car Accidents: Who pays for repairs after mechanical failure and recalls?
Another common scenario can come about when a vehicle repair mechanic can be determined to be at fault when it comes to a car accident due to mechanical failure. In cases such as this, it may be possible to file a lawsuit against the mechanic who worked on the car that caused the accident. Here, the legal reasoning is that the mechanic owed the vehicle owner a “duty of care” and that duty was breached. The breach then resulted in the vehicle crash in which a fatality or personal injury resulted. Damages in these cases may include: medical expenses, future medical expenses, lost wages plus other financial and non-financial losses.What is the statute of limitations in a Jupiter vehicle mechanical failure accident?
According to Statute 95.11(3), the statute of limitations for filing a lawsuit for damages in a car accident due to mechanical failure is two years from the time of the accident. In the case of a wrongful death lawsuit, that statute of limitations is set at two years Sec. 95.11(4)(d).How A Jupiter Accident Lawyer Can Help
It’s normal for one to consider if filing a lawsuit is the best way to go in an accident situation. That’s why it is highly suggested that you make an appointment in order to speak with an experienced mechanical failure accident attorney, serving Jupiter. That initial appointment is free and you can discover the various options that you have at your disposal.
An experienced mechanical failure accident lawyer will try to assist you in determining liability. Another thing that can be pointed out by the attorney is the possibility of financial issues that may arise later, such as; future medical bills, future lost wages, vehicle repair/replacement costs and other expenses that you may not have anticipated.
A person who has obtained legal representation will probably immediately see the changes that can occur once they have made this decision. This can include the other party’s inability to hide any evidence that might help your case. You will also be warned not to accept any “offers” that the other party’s legal representatives make to you. These are usually designed to seem generous, but may actually leave out compensation for issues that may come up later.Hire a Jupiter 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 Jupiter 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. 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.
Seek the advice of a personal injury attorney serving Jupiter, who can try to assist in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Jupiter car accident from mechanical failure, contact a Mechanical Failure Car Accident Personal Injury Attorney Serving Jupiter Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-800-8000 or use our Contact Form to set up a free consultation.