How Is Liability Determined In Florida?
Before we dive into mechanical failures, it is important to understand how liability works in the state of Florida. Florida uses a comparative fault system to determine liability. That means the courts look at all the factors of the accident and assign fault based on a percentage to each driver.
For example, if your brakes fail and you hit another driver, you will be considered at fault for the accident. However, if the other driver was running a red light and your brakes failed when you tried to avoid hitting them, they will also be considered at fault.
How Liability Impacts Your Claim
Once the courts have assigned a percentage of the claim, they then factor in the fault. For instance, if your brakes failed and you hit a speeding driver, you may be assigned 50/50 fault. That means if the full value of the claim is $50,000, the courts will deduct 50% of the amount for each of you. Your compensation will then be only $25,000. The fact that the fault system impacts your claim is why it is crucial to make sure that all liable parties are held to account.
Who Is Liable For My Mechanical Malfunction?
In most cases, the driver is liable for mechanical malfunction. Under the law, drivers have a duty to everyone on the road. That duty includes driving a safe vehicle that works properly. However, sometimes there are other parties that may be at fault for the accident. They can include the following:
● Vehicle Manufacturer: Vehicle engineering is not a perfect science. Sometimes, car manufacturers do not design cars well enough to avoid mechanical failure and other safety issues. If the mechanical failure was the result of a poor design, the vehicle manufacturer may be held responsible.
● Parts Manufacturer: Vehicles are assembled using a variety of parts from different manufacturers. There are times when there is a fault in the part itself that leads to a failure and a subsequent accident. In those cases, the parts manufacturer may be liable.
● Vehicle Mechanic: Mechanical work is not always error-free. When a mechanic is negligent in their duty, that can lead to mechanical failure and cause an accident. That particular mechanic may be considered liable in that situation.
In all of these cases, the fault may lie with an entirely different party. However, proving this is challenging, so it is best to seek legal help.
How To Prove Another Party Is Liable For Vehicle Failure
To prove one of those other parties may be responsible for your accident, you have to prove that:
● There was an accident that caused damages
● The accident was the result of mechanical failure
● The mechanical failure happened because of another party
To do all that requires a lot of evidence and expertise. These are also especially difficult cases wherein the injured party goes up against a large corporation with a team of powerful attorneys. So you need to have strong representation not only to prove your claim but to defend it as well.
That’s where The St. Pete Lawyer, Michael Babboni, can help. With over 30 years of defending accident victims and a reputation for winning cases, he knows exactly what to do to prove fault. Give him a call at 1-727-381-9200 to request a free case review and learn how he can help you with your mechanical failure accident case..