Cars need regular maintenance and repair, whether it is an oil change, rotating tires, or getting brakes checked. At times, car manufacturers review car models and conduct recalls for car parts that have proven to be defective or troublesome for their customers. In the case of defective car parts leading to an accident, manufacturers, mechanics, and car part dealers can be held responsible.
When it comes to defective brakes and brake failures leading to personal injury for drivers, Florida law permits the injured to file a claim against all the liable parties to recover for the damage and suffering they endured. At Marsalisi Law, our attorney is an expert in personal injury claims and helping individuals gather all the information they need to settle their case. Below is some information about Florida’s injury law for brake defects and failures, and how a legal team can help you learn your rights in an injury case.
What Causes Brake Failures and Defects?
It is common for cars to need repairs and maintenance, no matter how new they are. Older cars made with older parts show more wear and tear as the years go by. However, older cars are not the only vehicles that can get into an accident. What could cause brakes to fail or be defective in any car? Some common causes for brake failures and defects include:
- Owner neglect of car maintenance;
- Manufacturer defect;
- Mechanic’s error;
- Faulty car parts.
When an owner neglects car maintenance, they put their vehicle at risk for breaking down or causing an accident in some cases. A manufacturer could also be to blame if the brake system proved to be defective and dangerous. Many manufacturers conduct recalls to replace or repair the corresponding car part. Another way a car experiences brake failures is when a mechanic makes an error while repairing or maintaining the vehicle.
A car owner can also be misguided with faulty car parts from dealers. This could lead the driver to get into an accident and suffer injuries from being unable to use a brake system in their vehicle. In these cases, the injured parties can seek compensation to reconcile their losses from the liable party. Contacting a personal injury lawyer can help you gather the details for your claim and determine who is held liable.
How Do I Know Who Is Responsible for Brake Mishaps Resulting in an Accident?
With different possible causes for brake failures and defects, you may be wondering who is responsible or held liable in a court of law for your injuries. An experienced lawyer gathers the details of your case and prepares you to make a claim to the parties involved. Florida’s Injury law explains the details of legal claims for auto injuries resulting from defective brakes.
In Florida, it is possible to file a claim against single or multiple parties involved in brake defects. The injured party can seek professional legal representation and must prove that the brakes were defective, that they suffered injuries as a result, and they need to provide proof of negligence. In cases like this, there are several possible outcomes and parties that can be held liable. Some examples are listed below:
In this case, many parties, including a car dealer, manufacturer, or retailer can be held liable in a lawsuit. Your lawyer can help you gather the documentation needed to show how each party played a role in negligence or liability.
This is a common case for a car taken to the dealership for maintenance and repair. If the dealer neglected to fix a mechanical or brake problem and did not inform you there is a defect or mishap, they could be held liable and proven negligent in your case.
A car manufacturer can be held liable for brake failures and defects by selling vehicles without fixing defective parts or systems, especially if the dangerous condition is known. These types of cases are typically called product liability cases.
Car Parts Retailer
If you unknowingly purchased a car part from a dealer or private seller that was defective and faulty, they can be held responsible for the injuries you endured as a result of the faulty brake system added to your car.
For personal injury cases, it is important to put your best foot forward when filing a claim. Gathering all the documentation and recruiting an experienced lawyer will relieve you of legal stress while you are recovering from a traumatic event. An auto accident is a scary experience, and Frank P. Marsalisi can help you learn your rights and can help you on your road to compensation.
Contact Personal Injury Attorney Frank P. Marsalisi for Experienced Legal Representation
Personal injury law in St. Petersburg may seem intimidating, especially right after you suffered injuries in a car accident. At Marsalisi law, we cannot change your accident and the injuries you endured as a result. However, we are dedicated to providing you with the best legal representation in and around St. Petersburg, Florida, for your personal injury claims involving brake failures. Attorney Frank P. Marsalisi is just a phone call away. Marsalisi Law is Where Law Gets Personal! Give our legal team a call at (727) 800-5052 or contact us using our online form to schedule your free consultation. We also speak Spanish.