By The Perazzo Law Firm
Oftentimes the media covers car accidents involving multiple vehicles resulting in catastrophic injuries. However, a largely overlooked segment of car accidents may not involve multiple drivers and vehicles. Sometimes, a serious injury may result through no fault of the driver.
Not all car accidents resulting in personal injury involve multiple vehicles. Moreover, not all car accidents involve a careless driver. A motor vehicle can be involved in a collision resulting in serious injury through no fault of the operator of the vehicle. As many of us have seen, a failed brake may result in a vehicle unintentionally moving downhill and running over an innocent pedestrian or even the vehicle’s owner. A passenger chair may malfunction crushing an occupant of the vehicle who is unable to escape.
A modern vehicle consists of multiple components manufactured by a variety of companies who source components from all over the world. Any defect in the parts used can contribute to a malfunction leading to a car accident. Very few car owners know how to maintain their vehicles beyond basics such as changing a tire. We entrust our vehicles to trained professionals who specialize in maintaining and repairing our cars. A mechanic who fails to property repair a vehicle can be responsible if that carelessness causes a vehicle to crash or exacerbates an injury. Moreover, the mechanic’s employers, who fails to properly train or supervise, may also be at fault and share responsibility.
Cases where some specific part or mechanism causes a car accident or contributes to the damages are known as products liability. In these cases, it is possible to distribute fault to the manufacturer of the defective part. Moreover, it is possible to assign blame onto the distributors or sellers of the defective parts who knowingly sell parts known to be defective. Additionally, since very few car owners service their own vehicles, it is possible to assign blame to the professional who was not diligent in installing the defective part or who failed to inspect the part to determine whether it was defective.
Additionally, blame can fall on the employers of these mechanics. If an employer fails to properly train or supervise employees which results in a vehicle leaving the shop in a condition that makes it unsafe, then that employer can be responsible for any resulting damages. These types of cases would fall into the category of negligence. Negligence is a legal concept consisting of four elements: duty, breach, causation and damages. That is an individual had a duty of care that was breached and caused damage or injury.
In situations such as these, the victims of a malfunctioning vehicle are at a disadvantage against insurance companies. These types of accidents may be caused by multiple companies and individuals. Insurance companies simply shift the blame from the individual or entity they represent to another party that may be a company on the other side of the world. It is important to consult professionals who understand the complexity if these types of claims and know how to fight any defense put forward by the insurance company.
At The Perazzo Law Firm, we pride ourselves in representing the people of Florida and their families. We will always put our clients’ needs at the forefront of the fight against the insurance industry. Our Florida lawyers have dedicated their entire careers in fighting for your rights. Whether you seek compensation for injuries, fighting for justice for wrongful arrest or looking to repair your home, you can rest assured our lawyers will be there for you.
If you or a loved one has suffered an injury, we encourage you to call us at 786 LAWS-411 (786-529-7411) to set up a FREE consultation to discuss your legal rights.