Car accidents in Florida happen for a variety of reasons, but more often than not, the cause of an accident is a distracted, drunk, or reckless driver. Unsurprisingly, distracted drivers alone caused over 50,000 accidents in Florida last year, and Florida has one of the highest drunk driving rates in the country, with approximately 16,000 crashes and over 800 deaths attributed to drunk driving in 2015.
These staggering statistics suggest that every Florida car accident occurred because of driver recklessness or negligence, but this isn’t the case. A number of accidents each year are attributed to defective car parts. These accidents provide a different set of considerations for accident victims and the Florida personal injury lawyers that handle the resulting claims.
How Does Strict Liability Differ from Breach of Warranty?
A victim of a defective parts accident can rely on two separate theories of liability to bring a personal injury claim in Florida.
In a strict liability case, the injured driver doesn’t need to have evidence of negligence to receive damages. Instead, the car manufacturer is responsible for ensuring all parts and components of a vehicle function fully and properly before it puts a car out on the road. After an accident, if the driver can show a part failed or was damaged, then the claim is won against the car manufacturer.
Damages in these cases are also appropriate under theories of express or implied warranties. When you purchase a motor vehicle, the car, truck, or SUV it is sold under a contract. Inclusive of this contract is a set of written warranties, provided by the car manufacturer in favor of you, the owner. A defective part can be a breach of these warranties, and make the manufacturer or automobile seller liable for resulting damages.
Lastly, some motor vehicle warranties are implied. These aren’t expressly written in your contract but are implicit in the purchase of a motor vehicle. Sometimes, these implied state law sets warranties, others are applicable under good faith involved in buying and selling new cars.
Who to Include in a Defective Parts Accident Lawsuit?
As in all car accident cases, the initial question after a defective parts accident is how to assign responsibility for the resulting damages. An injured driver must be able to show cause – either that the crash was caused by a defective part, such as failed brakes, or the defective part exacerbated the injuries and property damage of the accident. In either case, there can be several parties liable for the accident under theories of warranty or strict liability.
In some cases, there is a single party whose negligence directly and unequivocally caused the Florida car accident, but more often than not, a Florida accident attorney will look at actions and omissions of several parties beyond the car manufacturer.
For example, if the brakes on a car fail to engage on a stormy night, and the driver slams into a stop sign there could be several responsible parties: the driver, if speeding or engaged in other reckless behavior; a mechanic that recently checked the brakes and tires on the car; the car manufacturer because of strict liability; and the brake manufacturer, who created the defect in the first place. A good Florida accident attorney will consider the involvement of each entity and individual in turn and look for evidence of negligent behavior.
Need to Know More about Defective Parts Accidents?
Do you have other questions about responsibility and liability for a defective parts car accident in Florida? It’s best to speak with a local attorney – in Miami, the top car accident attorneys are at Aronfeld Trial Lawyers.
At Aronfeld Trial Lawyers, we regularly handle claims and cases resulting from defective part accidents in Florida. To schedule a free, initial consultation, and begin pursuing your claim, call Aronfeld Trial Lawyers at 1-866-597-4529 or (305)-441-0440. Our Miami office can similarly be reached electronically at [email protected] or via SKYPE.