Brake failure care accidents are not common, with the National Highway Traffic Safety Administration (NHTSA) reporting only two percent of accidents attributed to this problem. Modern safety features and improvements in the mechanical soundness of braking systems mean a lower risk.
If you have been involved in a brake failure accident, the Law Offices of Anidjar & Levine can help. Our personal injury team knows the ins and outs of equipment failure and can explore all your options for compensation. With a free, no-risk consultation, you can discover your options and gain valuable insight into your next step.
Determining The Cause Of A Brake Failure Accident
In most auto accidents, it is common to assume that one or the other driver is at fault. Florida has a no-fault auto insurance law which means your insurance typically pays for the damages to your vehicle regardless of who was at fault. Minimum insurance requirements stated by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) include:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
When brake failure occurs, the rules for no-fault coverage apply. Still, you also have other avenues to seek additional compensation. Some of the potential causes of brake failure accidents include:
- Faulty or defective parts
- Improper or inadequate maintenance
- Worn-out brake pads
- Broken or deteriorated hydraulic seals on braking components
- Overheated braking systems due to overuse or strenuous road conditions
Per Florida Statute § 316.261(1), brake equipment is required on all motor vehicles, regardless of size and purpose. The statute requires braking systems to be adequate to stop and hold the vehicle during loading and on any grade (hill or slanted roadway).
Our Naples Brake Failure Car Accident Attorneys Can Help Get The Compensation You Deserve
We can request compensation for economic and non-economic damages. When the cause of an accident is brake failure, there might be more than one liable party. A Naples brake failure car accident lawyer will utilize all avenues to get you the compensation you deserve.
The value of each claim is determined by the amount of accumulated expenses and losses directly related to the accident and your injuries (economic damages). We will assess a separate amount for non-tangible items with no direct monetary value (non-economic damages). Our team uses a formula to determine a fair value for non-economic compensation.
Economic Losses
Expenses and losses related to your accident and injuries are economic losses. We document these using medical billing statements, your employer’s wages and earnings, and your doctor’s statements regarding your prognosis. Some of the included items are
- Medical costs include ambulance, hospital stays, surgical procedures, medications, medical devices, and costs associated with treatment for your injuries. Suppose your home requires modification, such as a wheelchair ramp or safety devices. In that case, those are also an expense related to your injury.
- Lost wages include any earnings from your standard weekly pay. We will include any commissions, bonuses, or benefits you may have earned during a period you cannot work.
- Property loss includes your vehicle and any personal property contained within the vehicle at the time of the accident.
The amount of compensation for economic damages depends on the accident’s severity, your injuries, and who was at fault for the accident.
Non-Economic Losses
Every accident carries damages that don’t have a monetary value. Trauma, depression, and other emotional ramifications deserve compensation too. For that reason, we weigh an accident’s emotional toll on you and your family to calculate non-economic losses. Some of the areas we consider for compensation include
- Emotional distress and mental anguish
- Pain and suffering
- A decline in quality of life
- Permanent scarring or disfigurement
- Partial or total disability
- Changes in relationship status
When your injuries impact your daily life, you might be eligible for non-economic compensation to offset those hardships.
Wrongful Death Compensation
A death due to a brake failure car accident can be devastating for the surviving family members. Let us extend our sincere sorrow for your loss if you have lost a loved one. We cannot replace their position in your family. Still, our wrongful death attorneys can fight for your family to receive compensation to ease the financial burden that sudden death can bring.
Per Florida Statute § 95.11, you have limited time to take action. By contacting a Naples brake failure car accident lawyer, our team can explain your options and begin the effort to fight for your compensation.
The Benefits Of A Naples Brake Failure Car Accident Lawyer
When you contract with a Naples brake failure car accident lawyer, we do all the detailed work so you can work on your recovery. Some of the tasks we undertake include:
- Investigate your accident thoroughly
- Determine all liable parties
- Interview witnesses
- Collect photographic and video evidence
- Organize all supporting documentation
- Develop a valuation of your injuries and losses
- Communicate with all responsible parties on your behalf
- Represent you in negotiations for settlement
- Represent you in court proceedings
We will manage your case from beginning to end, keeping you updated on progress. All decisions about the settlement are yours, but we will ensure that you have the most accurate information at your fingertips to make good decisions.
Building A Case For Your Compensation
With Florida’s no-fault insurance laws, your losses may be capped at the limits of your policy. However, Florida Statute § 627.737 outlines exceptions that permit additional compensation in cases that include:
- Permanent or significant scarring and disfigurement
- Permanent or significant loss of a bodily function
- Death
Because brake failure accidents are often very severe, we can build a claim with solid evidence allowing us to fight on your behalf for compensation.
Establishing Liability For Your Injuries
Using the four elements of negligence, we work to build a case establishing liability for your injuries. The four elements are:
- Duty of care
- Breach of duty
- Causation
- Damages
Once we establish the elements of negligence, we can file your claim for compensation from the liable parties, which may include the following:
- Parts manufacturers
- Vehicle manufacturers or car dealerships
- Maintenance personnel
- Vehicle owners (for commercial and personal vehicles driven by a non-owner)
Our team will work hard to obtain fair compensation for your injuries.
Let Our Brake Failure Accident Team Help
There is no need for you to feel overwhelmed after a brake failure car accident. Our Naples car accident team and the Law Offices of Anidjar & Levine will handle all the details for you and ensure you receive a fair settlement. Contact our team to begin your free case evaluation.
We Can Help.
