Call for a consultation

321-234-2900

  • Monday - Friday: 9:00 a.m. - 5:00 p.m.
  • Weekends: Appointment Only

Legal News

Call for a consultation

321-234-2900

19 Aug

Claiming Compensation from a Car Manufacturer After an Accident in Florida

By Melissa Hidalgo

When a vehicle defect causes a car accident, victims may have grounds to pursue a claim against the manufacturer. Establishing liability in such cases can be complex and challenging, requiring a deep understanding of product liability law.   

Car manufacturers have the duty to design, manufacture, and distribute safe vehicles. When this duty is breached, resulting in injuries or fatalities, victims may claim compensation for their losses. Common defects leading to accidents include faulty brakes, defective tires, unintended acceleration, and roof crush issues.   

Understanding Product Liability

Extensive evidence is crucial to building a successful product liability case. This includes vehicle repair records, expert engineering analysis, accident reconstruction reports, and medical records documenting injuries. Given the complex nature of these cases and the significant resources of car manufacturers, having skilled legal representation is essential to protecting victims' rights and maximizing potential compensation.   

When a car accident occurs due to a vehicle defect, holding the car manufacturer accountable becomes a crucial step in seeking compensation. While Florida is a no-fault state, there are exceptions where you can pursue a claim against the manufacturer. In these cases, your best option is to have an Orlando Car accident lawyer on your side who can help determine the liability of the manufacturer.

To hold a car manufacturer liable, you must establish that the vehicle carries a defect that caused the accident. This defect can be a design flaw, a manufacturing error, or a failure to warn about potential dangers and others. 

Common Defects Leading to Accidents

Defective vehicles are a significant cause of car accidents. Identifying these defects is crucial for building a successful product liability case. Here are some common types of vehicle defects:

  • Tire Defects

Manufacturing defects: Faulty materials or construction can lead to tire blowouts or tread separation.

Design flaws: Issues with tire design, such as inadequate tread depth or susceptibility to punctures, can increase the risk of accidents.

Under inflation: Improper tire pressure can contribute to tire failure and accidents.

  • Brake Defects

Hydraulic system failures: Problems with brake lines, master cylinders, or calipers can cause brake failure.

Anti-lock brake system (ABS) malfunctions: Issues with the ABS system can lead to loss of control.

Brake pad or rotor wear: Excessive wear can reduce braking efficiency.

  • Steering System Defects

Power steering failures: Malfunctions in the power steering system can make it difficult to control the vehicle.

Steering wheel or column issues: Problems with these components can impair driver control.

Tie rod and ball joint failures: These parts are crucial for steering, and defects can lead to accidents.

  • Accelerator Defects

Unintended acceleration: Electronic or mechanical issues can cause the accelerator to stick or become unresponsive.

Throttle body problems: Malfunctions in the throttle body can affect engine performance and control.

  • Roof Crush Defects

Inadequate roof strength: In rollover accidents, weak roofs can collapse, causing severe head injuries.

  • Safety Equipment Defects

Airbag failures: Malfunctioning airbags can cause serious injuries or fail to deploy when needed.

Seatbelt malfunctions: Defective seatbelts can fail to restrain occupants during a crash.

Building a Strong Case

To successfully claim compensation from a car manufacturer, you'll need to gather substantial evidence. This includes:

  • Vehicle Repair Records: These documents can reveal previous issues with the vehicle.
  • Expert Testimony: An automotive engineer can assess the vehicle and determine if a defect exists.
  • Accident Reconstruction: This analysis can help establish the cause of the accident and the role of the vehicle defect.
  • Medical Records: Documentation of injuries and treatment is crucial to demonstrate the extent of damages.
  • Witness Statements: Accounts from other drivers or passengers can corroborate your claims.

The Legal Process of Claiming Compensation from a Car Manufacturer

Filing a product liability lawsuit against a car manufacturer is complex and often involves extensive litigation. Hiring an experienced Car accident lawyer is crucial to navigating the legal process and building a strong case.

Pursuing a claim against a car manufacturer for a defective vehicle can be a complex and lengthy process. Understanding the general steps involved can help you navigate this challenging path.

  • Initial Investigation and Consultation

Gather Evidence: Collect all relevant documentation, including police reports, medical records, vehicle repair records, and photographs of the accident scene and vehicle damage.

Consult with an Attorney: An experienced product liability attorney can assess your case, explain the legal process, and determine the best course of action.

  • Filing a Lawsuit

Pleading: Your attorney will draft a complaint outlining the alleged defect, the accident, and the resulting injuries.

Serving the Defendant: The lawsuit is formally initiated by serving the car manufacturer with the complaint.

  • Discovery Phase

Information Exchange: Both parties exchange information, including depositions, interrogatories, and document requests.

Expert Witnesses: Your attorney may retain experts to analyze the vehicle, establish the defect, and link it to the accident.

Evidence Gathering: This phase involves collecting additional evidence to support your claim.

  • Negotiation and Settlement

Settlement Offers: The car manufacturer's insurance company may offer a settlement to resolve the case without going to trial.

Evaluation: Your Car accident lawyer will assess the settlement offer and advise you on whether to accept or reject it.

  • Trial

Preparation: If a settlement cannot be reached, the case proceeds to trial. This involves preparing witnesses, evidence, and legal arguments.

Litigation: The trial process includes jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, and jury deliberations.

Important Considerations

  • Statute of Limitations: There's a time limit to file a product liability lawsuit.
  • Complexities of Product Liability Law: Proving a defect and its causal link to the accident can be challenging.
  • Financial Resources: Litigation can be costly, and the car manufacturer will likely have substantial resources to defend itself.

Car manufacturers have substantial resources to defend against product liability claims. They often employ legal teams to challenge the validity of claims and minimize payouts. Additionally, proving that a defect caused the accident can be complex and requires substantial evidence.

In Conclusion

Holding a car manufacturer accountable for a defective vehicle that caused an accident can be a challenging but potentially rewarding process. By understanding the legal complexities, gathering evidence, and seeking expert legal counsel, you can increase your chances of obtaining fair compensation for your injuries and losses.