LIABILITY INVOLVING SINGLE CAR ACCIDENTS IN FLORIDA

The majority of single car collisions are caused by the driver of the car. It is likely they committed a driving mistake or caused the accident as a result of distracted driving. Perhaps they were intoxicated or they were using their cell phones. For these reasons it is natural when we hear about a single car accident to assume the driver is at fault. 

However, that is not always the case. It is possible that the accident was caused by someone else’s negligence. The following addresses the three most likely incidents involving single-car accidents where the driver was not at fault.

Unpreventable Circumstances

Sometimes conditions arise over which you have no control. For example, a truck hauling gravel could be held accountable for not adequately securing its load. If a tire blows out on a tractor trailer truck, the company could be held accountable for failing to conduct adequate safety inspections. You may be forced to crash into a structure to escape colliding with a pedestrian who darts in front of you. A bicycle or pedestrian who disobeyed traffic laws may be held liable for their actions. These are all examples of someone other than the driver being responsible for the accident.

Often clients are reluctant to bring a lawsuit because there was no other car involved in the accident. Many times the client will believe they were a victim of being in the wrong place at the wrong time. It may seem this way because there is no other driver involved. However, it is important to recognize that someone else actually did cause the accident due to their negligence, whether that be failing to maintain inventory on a truck or a biker not following the law. It is also important to remember that if you were injured in this accident that you may be facing years or even a lifetime full of medical expenses. You should not be responsible for having to pay expenses at the fault of someone else’s mistake.

Road Problems

Drivers are responsible for following the driving laws and the government is responsible for keeping the roads in good repair. In Florida, it is the responsibility of cities and counties to keep its drivers safe. Florida highways have speed limits as high as 70 miles per hour. When road conditions are dangerous, car accidents causing serious injury and death will inevitably occur. 

You may be able to bring a lawsuit against the government agency that has jurisdiction if the accident was caused by certain situations such as an unmarked construction zone, faulty traffic lights, missing or obstructed road signs, or potholes.

You may also be able to sue a trucking company for negligence if the road problem was caused by an oil spill from a leaking or overturned truck.

Car Defects

Your accident may have been caused by a vehicle flaw or malfunction. A car consists of hundreds of different parts. If even one part is defective it can result in an accident. 

Many times the defective part is due to a manufacturing defect. This means the problem occurred during the vehicle’s production, for example, due to a faulty computer chip. It could also be a flaw in a recently installed part, such as a new battery, tires, or brake pads.

Other times the unsafe condition is due to an improper design of the vehicle, which is called a design defect. For example if the brake pad does not apply enough pressure or a particular airbag is dangerous. Car companies are expected to issue recalls on any vehicle models that are determined to have a design defect.

Some defects show themselves immediately while other times the defect will manifest over time and will eventually cause the crash. Under Florida law, if a car component is defective there are serious consequences. While the law of negligence governs most car accident claims, the law of strict liability governs many product defect claims. In strict liability proceedings, proof of negligence is not required. If you were harmed in an accident caused by a vehicle defect, establishing that the defect existed and that your injuries were caused directly by the flaw is sufficient to establish a successful claim.

Conclusion

Liability involving single car accidents can become complicated. You may need to file a lawsuit against an individual, a company, or the government. Your claim may be based on a theory of negligence or perhaps strict liability. These are matters which require expertise and experience to navigate.

After being in a car accident, strongly consider hiring an injury lawyer who specializes in car accidents to represent you. This will increase both your chances of recovery and the amount of recovery. A lawyer’s familiarity with the court system and local laws, experience negotiating with insurance companies, and expertise in the discovery process will significantly help your case. Focus on healing from your car accident and hire a lawyer who will handle your case from beginning to end.

ABOUT THE AUTHOR

Scott Leaser, Esq. is an injury lawyer serving Greenacres, Florida, and its surrounding areas. If you recently were injured in a car accident in Florida, call (561) 559-5048 for a free consultation.

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