Car accidents caused by sudden brake failure can be terrifying to live through, as drivers can lose control of their vehicles and collide at full speed with other road users or street objects. In severe cases, accident victims may not survive their injuries. Yet, when a vehicle’s brakes fail and cause an accident, as opposed to driver distraction or intoxication, you might wonder who could be held liable for the damages.
If you or a loved one suffered injuries in a car accident caused by sudden brake failure in Kendall, Florida, our team wants to help you hold the appropriate parties accountable. We can have a Kendall brake failure car accident lawyer from our team lead an investigation into your case to identify liable parties, then build a personal injury case against them.
Who Is At Fault For A Car Accident If Brake Failure Occurred?
When a car accident case involves brake failure as the cause of an accident, the following parties may be held liable for negligence:
- The vehicle manufacturer: Brake failure can be a result of defective product design or manufacturing, which places liability on the vehicle manufacturer if the defects result in injury. For example, if the vehicle is new or within a year of its sale, but prone to leaking hydraulic fluid, this could indicate a defect in the vehicle’s making and could pose a risk of injury to drivers. The National Highway Traffic Safety Administration (NHTSA) offers a database of recent recalls made on vehicles.
- The parts manufacturer: If the brakes themselves were defective, the manufacturer of the parts may be held liable for distributing defective products. If you would like to file a report on a safety problem with specific equipment in your vehicle, you can do so with the NHTSA.
- The maintenance company that last worked on the at-fault vehicle: If the vehicle had repairs or maintenance performed on it before the accident, the maintenance company or mechanic that last worked on the vehicle may be held liable for poor maintenance, failure to identify faulty brakes, or other negligent actions/inactions that could have prevented the accident from occurring.
- The at-fault driver: In cases where the other driver’s vehicle experienced sudden brake failure, the driver may still be held liable. If the driver failed to conduct routine maintenance checks or replace old brakes, they may be held liable for failing to take reasonable measures to avoid an accident.
Our legal team will investigate your car accident in Kendall when confirming which party or parties to sue. If multiple liable parties exist, we will advise you on whether it may be in your interest to pursue multiple claims or lawsuits.
What Kind Of Damages Can You Receive In A Car Accident Case In Kendall, FL?
If you or a loved one is an accident victim from Kendall, you may have grounds to demand compensation for your injuries. Our legal team can collect evidence that establishes how the defending party’s negligence led to your injuries and advocate for your right to recover your damages.
To do this, we will discuss what damages you experienced, then calculate a reasonable estimate that fairly covers your losses. This figure will serve as a goal for how much compensation we should pursue in your case. We may factor in the following types of damages when estimating this figure:
- Medical treatment costs, including future expenses if you are still recovering from your injuries
- Lost wages, including lost benefits
- Vehicle repair or replacement costs
- Pain and suffering and inconvenience
- Loss of consortium
- Permanent loss of mobility or independence
- Emotional distress
This is not a complete list of damages, as each car accident case is unique to the individual. Additionally, if you lost a loved one, you may decide to file a wrongful death case and pursue other damages, such as funeral service expenses or loss of companionship or parental guidance.
How The Law Offices Of Anidjar & Levine Can Help You Build Your Case
If you decide to work with a Kendall brake failure car accident lawyer from our firm, we will provide the following services:
- Private investigation into your car accident case
- Evidence retrieval to support your claims
- Communication services when the insurance company or the defense team reaches out to you
- Administrative services, which includes filling out legal paperwork and filing motions on your behalf
- Legal counsel to help you make decisions about your case, such as whether you should move forward with an insurance claim or personal injury lawsuit
- Legal representation, which means one of our attorneys will serve as your advocate in trial or out-of-court meetings if an opportunity to negotiate a settlement deal arises
Is There A Deadline To File A Car Accident Lawsuit for Brake Failure In Florida?
Lawsuits about car accidents in Florida must abide by the state’s statute of limitations, as written in Florida Statutes § 95.11(3)(a). According to this statute, people who intend to pursue financial compensation through the civil court system in Florida must file their lawsuits within four years of the car accident.
Within the same statute is the statutory deadline for wrongful death cases. Per this rule, those who want to bring a wrongful death case must do so within two years of the victim’s passing. This means the filing window could start at a later date if the date of the accident and the victim’s death are different.
Call Now To Hire A Kendall Brake Failure Car Accident Lawyer From Our Team
If you or a loved one got into a car accident in Kendall, Florida as a result of brake failure, you may qualify to receive compensation. The accident may also have caused you several injuries and damages. A personal injury lawyer from our team serving Kendall can serve as your legal representative and work to hold the appropriate parties accountable for your damages.
Call the number on our website to speak with a team member at the Law Offices of Anidjar & Levine today. Our legal team works on a contingency-fee basis, so you don’t owe any attorney’s fees until we win your case. You can learn more about our fee agreement in your free consultation.
We Can Help.