While they are not common, accidents caused by faulty brakes do happen in Florida and across the United States. When these accidents happen, they can lead to devastating accidents, seriously injuring and even killing those involved. Whether an accident occurred because your brakes failed or because the brakes failed on the vehicle that hit you, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys can evaluate every available legal option to make sure you are fully compensated for the injuries that you suffered.
Brake failure is difficult to prove. Much of the time, evidence in these cases will be circumstantial, so it is important to document everything after a wreck. One of the most challenging aspects of a brake failure claim is identifying each potentially liable party. In some cases, the owner of the vehicle may be considered negligent if he or she knew a brake replacement was due but failed to get one. Negligence takes place when a person causes an accident and injuries by failing to act how a reasonably prudent person would have acted in the same or similar circumstances. For example, a reasonably prudent person would get the brakes changed if that person had been alerted to the fact that the brakes needed replacement. As a result, someone who causes an accident in this way would likely be responsible for any resulting harm.
In other cases, the auto shop could be liable for the negligent repair of the vehicle. Again, a lawsuit against an auto shop would be based on the theory of negligence. The relevant question would be: would another auto shop using reasonable care have done the same thing as the defendant auto shop? If the answer is no, the defendant auto shop will likely be liable.
Lastly, manufacturers and retailers could be liable for the accident if they put defective brakes into the market. This can be much easier to prove if there is a manufacturer’s recall about the issue. In the vast majority of cases, however, there is no recall, and you will need to file a product liability claim if you believe a brake defect caused your accident. Product liability laws hold manufacturers accountable when a brake failure was a result of faulty design or faulty assembly of the brakes.
Brake accident cases can be extremely frustrating, since they are so hard to prove. If you have been injured in a car accident caused by defective brakes, you need to reach out to a seasoned Miami injury attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we have served South Florida clients for many years, and we can serve you as well. You can trust that we will make every effort to get you the compensation you deserve for your harm. We understand how to navigate complex defective brake accident claims. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online
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