Practice Areas Motor Vehicle Accidents Car Accidents Accidents Involving Failure To Maintain A Vehicle

Boca Raton Attorneys Assisting Victims of Serious Collisions

Many drivers throughout Florida take pride in keeping their vehicles in optimal condition. Maintaining a car is also necessary to ensure that it is in good working order. Cars that are not properly maintained are more likely to suffer from sudden breakdowns, part or equipment failures, and tire blowouts, all of which can lead to collisions. People injured in accidents involving failure to maintain a vehicle can often recover damages for their harm if they can prove liability. At The Grife Law Firm, our Boca Raton car accident lawyers are well-versed in what it takes to obtain a successful outcome. If you were hurt in a car accident, we will gather the evidence needed to set forth compelling arguments to help you pursue damages.

Accidents Involving Failure to Maintain a Vehicle

Numerous vehicle maintenance issues can lead to collisions. For example, over-or under-inflated tires may fail or explode, leading to a loss of control. Similarly, tires with worn-down treads may render a car impossible to steer. Worn-down brake pads and mechanical brake issues can leave a driver with a diminished ability to stop a vehicle. At the same time, problems with the steering mechanisms can cause a driver to veer into another lane. Seemingly simple issues, such as worn-out windshield wipers and broken defrosters, can cause reduced visibility, leading to a collision. In some instances, rust in a car’s chassis can cause parts to come loose or collapse while driving, and they may strike another vehicle or lead to an accident.

Claims for Damages Caused by a Collision

In any lawsuit arising out of a car accident, the plaintiff must prove that the defendant is liable to recover damages. Usually, demonstrating liability requires a plaintiff to prove negligence. In Florida, a plaintiff alleging that a defendant should be held accountable under a theory of negligence must prove that the defendant had a duty to act with reasonable care under the circumstances, but the defendant breached the duty owed. For example, people owe a general duty to others to prevent foreseeable harm, including an obligation to avoid the natural consequences of allowing a car to fall into disrepair. The plaintiff must also prove that the defendant’s breach led to the accident and that the accident caused the plaintiff to suffer measurable harm.

Evidence Needed to Prove Liability Following a Car Crash

In cases arising out of accidents involving failure to maintain a vehicle, the plaintiff may need to rely on circumstantial evidence to establish that the defendant’s lack of care led to the plaintiff’s injuries. For example, documentation of vehicle inspections or repairs, or replacements of parts such as tires, brakes, and windshield wipers, can be used to demonstrate that the defendant failed to perform necessary upkeep on a vehicle.

In many instances, the way that vehicle neglect caused or contributed to an accident will be beyond the jury’s or judge’s comprehension. In these cases, the plaintiff’s attorney may need to hire an accident reconstruction expert to establish causation between the defendant’s failure to maintain a vehicle and the plaintiff’s harm. Plaintiffs have the right to introduce the testimony of these experts at trial according to Florida Statute 90.702, which provides that a qualified expert witness can offer an opinion on evidence or a disputed fact. The expert’s testimony must be based on adequate facts or data and must be a product of an application of reliable principles and methods to the facts of the case. A person may be qualified to testify as an expert based on training, education, skills, or experience.