Bernstein & Maryanoff

Florida Car Accident Lawyers
Explaining Defective Vehicle Cases

When Florida car accidents occur, they are most often the result of a mistake made by at least one of the drivers involved.  If someone is injured because of another driver’s mistake, it often gives rise to a Florida personal injury lawsuit .  However, not all collisions are the result of a driving error – some occur because the vehicle itself has failed to properly perform.  In these situations, those who have been harmed need to seek the help of Florida car accident lawyers who understand how to bring a successful auto defect claim against the manufacturer.  Below is a brief overview of how these cases tend to proceed.

Types of Vehicle Defects

There are generally two types of vehicle defects that can lead to injuries and legal claims, and these types of defects are consistent with almost any claim arising out of harm caused by a defective product.  Below is a brief description of each as well as how these types of problems could cause injuries or worse:

• Design defect – A design defect is one that occurs before the vehicle ever reaches the assembly line.  Generally, these defects are such that they affect an entire line of vehicles that are built in a similar manner.  For instance, there have been SUV’s that have been defective because their wheel base was too narrow, leading to a high number of rollover accidents.
• Manufacturing defect – Unlike a design defect, a manufacturing defect occurs on the assembly line.  This leads to an uncertain number of defective vehicles because it would be difficult to know how many units were improperly manufactured.  Several different Toyota recalls involved manufacturing defects because of the faulty parts that were used and not properly checked before being installed.

Proving a Defective Vehicle Claim

Even though the two theories of proof mentioned above seem relatively straightforward, proving them in court is another matter.  Not only does the plaintiff in this sort of lawsuit need to prove that the defect was present in the vehicle in question, but also that the defect is what caused the accident and the injury.  This can involve highly technical evidence that deals with engineering, but it can also involve taking on enormous corporations and their highly skilled defense attorneys and expert witnesses.

However, that does not mean that those who have been harmed by a defective vehicle do not have legal rights that need to be enforced.  If you or someone you love has been injured by a defective vehicle, contact the Florida car accident lawyers at Bernstein & Maryanoff immediately to schedule a free initial consultation.