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Car Accidents due to Mechanical Failure

Mechanical FailureThere are many causes of car accidents such as negligent driving of others, or negligent entrusting a vehicle to someone who is impaired. Mechanical failure of vehicle parts is also a common cause in car accidents and when they occur serious to catastrophic injuries can occur. Thus, it is important to identify early on whether mechanical failure was a contributing factor in any car accident case involving serious or catastrophic injuries. At Gerson & Schwartz, PA our staff of qualified Florida accident attorneys can help determine whether such mechanical is the cause of your accident and hold appropriate parties responsible.

Determining liability in mechanical failure accidents can be a very complicated process, and any parties involved will make all efforts possible to avoid liability. Vehicle preservation is essential to determine if mechanical parts wear out, or were a factor in an accident. Eventually all parts of a vehicle will need to be replaced. Who is liable for a mechanical failure depends on the many factors, including whether the owner or other person responsible for the maintenance of a vehicle knew or should have known of an impending failure, if the car was recently serviced, or even whether a part or parts were negligently designed, manufactured, or marketed. Florida law has three possible legal standards that could apply to a mechanical failure claim. The first would be a claim for negligence. A second legal theory could be made under a products liability, or even a strict liability claim.

Insurance companies and at-fault drivers will try their best to avoid liability, so it is important for anyone injured in a car accident to contact an experienced Florida personal injury attorney as soon as possible. At Gerson & Schwartz, PA, our Florida accident attorneys will help you understand the dynamics of your claim. We utilize leading experts such as bio-mechanics engineers, accident reconstructionists, and other important resources in order to hold business owners, car manufacturers, car dealers, and large corporations responsible.

Our firm will take the time and will use all resources available to evaluate whether you have a legal claim based on a vehicle's mechanical failure, or if a manufacturing defect or design defect was the ultimate cause. We have succeeded in situations where other firms have not and have been successful against negligent parties such as auto and car manufacturers, service dealers, drivers, owners, businesses, and other responsible parties responsible.

Some common parts that may be subject to mechanical failure and cause an accident include the following:

  • Brakes – brakes are responsible for stopping and slowing down a vehicle, and when they fail accidents can often result. Brakes wear out over time, and drivers may be negligent in replacing them. In addition, brake lines and ABS systems may be faulty, potentially implicating vehicle manufacturers at fault for accidents.

  • Tires – blown tires or simply worn-out tires are a common mechanical failure on a car. Tires are your vehicle’s point of contact with the ground, and should provide adequate traction and stability to be able to drive safely and maneuver well. Tires with worn out tread or are not properly inflated can negatively affect a vehicle’s maneuverability, resulting in accidents.

  • Wipers – windshield wipers are an essential part on a car to maintain visibility in poor weather conditions. They should be changed on a regular basis, as worn-out wipers are not able to effectively remove moisture from the windshield. In addition, if a windshield wiper motor fails, a driver may be suddenly without wipers in bad weather, resulting in a sudden loss of visibility. Poor visibility can easily lead to an accident, particularly if a person is traveling at a high rate of speed or in heavy traffic.

  • Headlights or Taillights – Headlights or taillights are designed both to help a driver see the road and also the help other drivers see each other. When people driver with broken, dim, or failed headlights, taillights, brake lights, or turn signals they reduce both their visibility and also other drivers ability to see them. This greatly increases the risk of an accident occurring, particularly at night or in bad weather conditions.

  • Steering – modern steering systems are very complicated and have the potential to fail in many different ways. When these systems fail, controlling a vehicle can become extremely difficult and accidents may occur. In accidents caused by failed steering systems, it is important to determine who was at fault for the failure.

Contact a Florida Car Accident Attorney for a Free Consultation

Insurance companies and at-fault drivers will try their best to avoid liability, so it is important for anyone injured in a car accident to contact an experienced Florida car accident attorney as soon as possible. An attorney can assist you in determining whether you have a claim, and also can assist in determining who all the parties who may be liable are. Our Florida accident attorneys of Gerson & Schwartz, PA have been representing the legal rights of injured people since 1970, and fight till the end to obtain the best possible legal outcome for each client we represent.

If you or a loved one has been seriously or catastrophically injured in a car accident and you suspect mechanical failure may have played a part in the accident, contact a qualified personal injury attorney at the law offices of Gerson & Schwartz, PA today for a free consultation. It is important for anyone injured to have proper legal representation in order to properly investigate all theories of liability, injuries involved, and potential responsible parties. With offices in Miami Dade and Fort Lauderdale the car accident attorneys at Gerson & Schwartz, PA are here to help you get the compensation your entitled to under the law. For more information on how we can help contact us online or call us at (305) 371-6000 or toll free (877) 475-2905. Se Habla Español.

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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User