Brake failures are uniquely dangerous, causing drivers to lose control of their vehicles completely. This loss of control can lead to potentially fatal high-speed accidents.
In the aftermath of a brake failure car accident, you may be seriously injured or grieving the loss of a loved one. The Law Offices of Anidjar & Levine has your back. A Delray Beach car accident lawyer from our team can protect your rights and pursue fair compensation.
Who’s At Fault In A Brake Failure Accident?
Brake failures complicate standard car accident proceedings. Usually, car accidents are caused by one at-fault party, like another driver or a commercial vehicle operator. In these cases, you can often pursue an insurance claim or lawsuit against the party that caused your injuries.
However, brake failures add another layer of complexity. Maybe the brakes on your vehicle failed, or the driver who caused your accident’s brakes failed. Determining who’s at fault in either of these cases requires evidence. To win a brake failure accident case, you must prove that someone else is responsible for your injuries.
Generally speaking, these are some parties that could be liable for your injuries after a brake failure car accident:
- A car manufacturer: Car brakes shouldn’t fail. Full stop. If a manufacturer error caused your brake failure, you could pursue legal action against the company that produced your car.
- A repair shop: While the involvement of a mechanic would complicate your case, it’s possible a car repair shop’s negligence caused the brake failure.
- Another driver: Even if you lost control of your vehicle, other drivers still owe you a duty of care. If they violated this duty, they could be held liable. Similarly, if a driver fails to maintain their vehicle, leading to a dangerous brake failure, they could also be responsible.
These are just a few examples. A case investigation could reveal another liable party not noted here.
Investigating Your Accident
At the Law Offices of Anidjar & Levine, we can conduct a thorough investigation on your behalf. Through this investigation, we can determine what role a brake failure played in your accident. Then, we can work towards proving that another party is responsible for your losses.
During a car accident investigation, we may collect the following types of evidence:
- Vehicle repair records
- Footage of the accident
- Images from the crash scene
- Your medical records
- Input from experts, like crash reconstruction specialists
Am I Required To Hire A Brake Failure Accident Lawyer?
In Delray Beach, you are not required to hire a brake failure accident lawyer due to relevant pro se representation laws. These laws allow individuals to file lawsuits and insurance claims without the assistance of a lawyer.
A Delray Beach brake failure accident lawyer from our team can address these challenges. At the Law Offices of Anidjar & Levine, we get car accidents. We’re familiar with the tactics insurers use and understand how legal proceedings work. You don’t need to go it alone.
The Services We Provide
We can manage your case from start to finish by providing the following services:
- Investigating your accident and gathering evidence
- Communicating with insurers on your behalf
- Determining what your case is worth
- Representing you throughout the duration of your case
- Fighting every step of the way for fair compensation
In addition to these services, we offer several perks designed to make your legal experience as seamless as possible. They include the following:
- Offering you the phone number of the lawyer assigned to your case
- Answering all of your questions
- Explaining your options
- Helping you schedule doctor’s appointments and car repairs
We care about the well-being of your clients. We’ll treat you like a valued family member throughout your case.
The Value Of Brake Failure Car Accident Cases
After a brake failure car accident, you could qualify for the following types of damages:
- Vehicle repairs
- Medical expenses
- Lost wages
- Mental anguish
- Diminished earning capacity
- Reduced quality of life
The value of these damages depends on the context of your accident. Generally, more severe injuries warrant higher settlement offers. However, remember that the outcome of every brake accident case is contingent on settlement negotiations. An insurer or rival legal team can strong-arm you into accepting less than your case is worth.
Wrongful Death Damages
Brake failures can involve total loss of vehicular control, meaning they can be deadly. We extend our profound condolences if you’re here because you lost a loved one. We’re prepared to treat your case with patience, compassion, and care.
A Delray Beach brake failure car accident lawyer from our team can fight for the following types of wrongful death damages on your behalf:
- Loss of companionship
- Loss of support and services
- Medical expenses incurred before your loved one’s passing
- Reasonable funeral and burial expenses
What About Personal Injury Protection (PIP) Insurance?
In Delray Beach, every driver must carry at least $10,000 worth of personal injury protection (PIP) insurance. This insurance will cover up to 80% of your medical expenses, regardless of fault. PIP does not cover non-economic losses, like mental anguish, pain, or suffering.
To receive further compensation, you must have suffered a severe injury. These are the types of injuries that qualify as severe, per Florida Statutes § 627.737:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
- Significant and permanent scarring or disfigurement
- Death
This severe injury-based rule is known as “no-fault” in Delray Beach, and it can complicate car accident cases. As your legal team, we could help you understand how this law applies to your unique case.
The Brake Failure Accident Lawsuit Deadline
Lawsuits are valuable tools, allowing you to leverage settlement negotiations. However, if you wait too long, you could lose your chance to file a lawsuit.
Delray Beach’s standard deadline for car accident lawsuits is four years, per Florida Statutes § 95.11(3)(a). This deadline may be longer or shorter, depending on the specifics of your case.
Work With A Delray Beach Car Accident Lawyer Today
For more information and to learn about how we can support you specifically, contact our offices. We can provide you with a free no-obligation case review. At the Law Offices of Anidjar & Levine, we don’t charge any upfront fees or retainers.
We Can Help.
