Car and other motor vehicle crashes are a major cause of injury and death. When a car accident victim sustains injuries or is killed in a motor vehicle crash due to a defect in one of the vehicles involved, a defect in the victim’s vehicle safety equipment, and/or the negligence of one or more drivers, the injured victim or deceased victim’s family may be entitled to damages through the institution of a product liability, personal injury, or wrongful death suit against the responsible parties. Car Accident lawyer Miami firm KillinoFirm is on your side and battles the insurance companies ensuring you get the maximum payouts.
If you have been injured or one of your loved ones has been killed in a car or other motor vehicle accident and you suspect that your injuries or family member’s death was caused by someone’s negligence or a defect in a vehicle or vehicle safety equipment, The Killino Firm’s Miami, Florida, auto and car accident attorneys can help you obtain the compensation you deserve. Contact The Killino Firm at 305-559-6340 for a no-cost assessment of your car accident case and more information about your legal options.
Legal Liability for Car Accident Injuries and Deaths
Car accident injuries and deaths may be caused by the negligence of one or more drivers, a defect in the accident victim’s vehicle or another vehicle involved in the accident, and/or a defect in the accident victim’s vehicle safety equipment. When negligence and product defects combine to cause an accident victim’s injuries or death, damages may be recoverable by the injured victim through the institution of a product liability and negligence suit or by a deceased victim’s family through the institution of a wrongful death suit against the same defendants.
Liability for Car Accident Deaths
Wrongful death actions allow immediate family members, including the spouse of a victim, parents of a minor victim, and minor children of a victim, to recover damages suffered by the family as a result of a deceased victim’s death. These damages may be recoverable from the manufacturer and others in the chain of a defective product’s distribution if the defect in the product is determined to have been a cause of the victim’s death. Damages may also be recoverable from defendants whose negligence is determined to have been a cause of an accident victim’s death. The proof required in a wrongful death action to establish the existence of a product defect, a defendant’s negligence, and the causal connection between a defect or negligence and the victim’s death will mirror the proof that would be required to establish liability for non-fatal injuries to the same victim if the victim had survived his or her injuries.
Liability for Injuries Caused by Defective Vehicles or Vehicle Safety Equipment
Car accident injuries and deaths are often caused by defects in vehicle safety equipment or defects in one or more of vehicles involved in an accident. Car and other motor vehicle manufacturers have a duty to produce vehicles that are crashworthy, i.e., that contain properly operating protections, such as seatbelts and airbags, against injuries that may result from a crash. If a victim’s injuries are found to have been enhanced (increased beyond what they might have been) as a result of defective safety equipment in the vehicle occupied by the victim at the time an accident occurred, the manufacturer of the safety equipment, the manufacturer of the vehicle, and others in the chain of the vehicle’s distribution may be found liable for the victim’s enhanced injuries.
Accident victims’ injuries and deaths may also be caused by defects in a vehicle itself rather than defects in vehicle safety equipment. Defective tires, defective ignition switches, defective power steering modules, and defective brakes are just a few examples of vehicle defects that can cause a car accident and result in the injury or death of one or more victims. Often, a defect in a vehicle other than the vehicle occupied by a victim is found to have caused a crash and the victim’s resulting injury or death. In any of these cases, the manufacturer and others involved in the production of any defective vehicle involved in a crash may be held strictly liable for an accident victim’s injury or death if it is determined that the vehicle defect was a cause of the victim’s injury or death.
Liability for Injuries Caused by Negligence
When the negligence of one or more drivers is found to have caused an accident victim’s injury or death, the negligent driver or drivers may be held liable for the damages suffered by the victim or victim’s family as a result. In some cases, the negligence of individuals or entities responsible for the maintenance of a road on which a vehicle accident occurs may be held liable for a victim’s injury or death if it is determined that the negligent maintenance of the road was a cause of the victim’s injury or death.
If you have been injured or one of your family members has been killed in a car or other motor vehicle accident, you may be entitled to compensation if your injuries or loved one’s death was caused by someone’s negligence or a defect in a vehicle or vehicle safety equipment. The Killino Firm’s Miami, Florida, auto and car accident lawyers can help you fight for justice from the parties responsible for your injuries or loved one’s death. Contact The Killino Firm at 305-559-6340 for expert assistance with your auto or car accident case.