defect

Miami Vehicle Defect Lawyers

Representing victims of defective car, truck, motorcycle, and other vehicle parts in Florida

When drivers, passengers, and even pedestrians are injured because a car part was defective – the manufacturers deserve to be held liable. At Hickey Law Firm, we work with vehicle experts who can verify what car part was defective, and why it caused your accident.

Accident victims contact us, and lawyers refer cases to our Miami vehicle accident lawyers because of our skills, experience, resources, and record of success. Attorney John H. (Jack) Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board certified in Civil Trial by the National Board of Trial Advocacy (NBTA). When people need a specialist in life changing injuries, people choose Hickey Law Firm.

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THE COMPENSATION YOU DESERVE. ®

What are the requirements for filing a vehicle defect liability claim in Miami?

A vehicle defect liability claim is one type of product liability claim. In Florida, our Miami vehicle defect lawyers file strict liability claims on behalf of anyone injured by a product defect such as a defective car part, truck part, or motorcycle part. The key requirements are:

  • A vehicle or vehicle part, such as the brakes or an airbag, was defective.
  • The defect either caused the accident or failed to properly protect a victim.
  • The accident was the proximate cause of your injuries or the death of a loved one.

A vehicle or a vehicle part is defective if the design, workmanship, or the instructions are faulty, or the warnings about possible dangers are missing, unclear, or wrong.

In addition to strict liability claims, we also file breach of warranty and negligence claims when vehicle parts are defective.

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What types of vehicle defect claims do you handle?

Our Miami vehicle accident lawyers handle all types of vehicle defect claims that result in serious injuries. Some of the many types of vehicle defects our attorneys handle include car defects, truck defects, and motorcycle defects. We also represent clients injured due to defects involving all other vehicles including boats, aircraft, and buses.

Common vehicle defects include:

  • Faulty electronic systems
  • Faulty computer systems
  • Faulty hydraulic systems
  • Defective fuel lines
  • Bad brakes and tires such as tires with poor tread separation
  • Seat belts that don’t latch properly and airbags that don’t deploy properly or don’t protect passengers properly
  • SUVs that are more prone to rollovers than they should be
  • Trucks that are more prone to jackknifes than they should be
  • Fuel lines or gas tanks that cause a vehicle to ignite
  • Defective windshield glass
  • Defective child safety seats
  • Defective transmissions that may cause a car to slip into another gear or lurch forward
  • Door latches that don’t lock a driver or passenger inside
  • Defective steering wheels

Vehicles may also be defective if they are not crashworthy. Manufacturers should anticipate and plan for common types of accidents such as rear-end collisions.

Some of the companies that have been involved in a significant number of product liability claims include:

  • Acura
  • BMW
  • Chrysler
  • Dodge
  • Ford
  • General Motors
  • Honda
  • Infiniti
  • Lexus
  • Mazda
  • Nissan
  • Subaru
  • Toyota

At Hickey Law Firm, we work with vehicle experts, product safety experts, federal agencies, and others to verify a vehicle part was defective, and that the defect caused the accident.

What is a vehicle recall?

A recall is essentially a statement by a federal agency such as the National Highway Traffic Safety Administration or the manufacturer that a vehicle part is defective. The statement requires that the manufacturer notify all buyers about the nature of the defect, and what remedies are available.

There is no requirement that a recall be issued to file a product liability claim. We often file product liability claims even though a recall wasn’t issued. The existence of a recall does help show which vehicle part was defective. Manufacturers who fail to comply with a recall may be subject to punitive damages.

recall

Who is liable for an accident caused by a vehicle defect?

When cars, trucks, motorcycles, or other vehicles have a vehicle deficit, Hickey Law Firm files claims against all responsible parties. The defendants in a Miami product liability case may include:

  • A manufacturer
  • A distributor or wholesaler
  • A retailer

Other companies involved in the sale or repair of the vehicle may also be liable for a defective vehicle part.

WAS A LAWYER FOR THE INSURANCE COMPANIES. NOW A LAWYER FOR YOU.

What types of injuries do Miami vehicle defect victims suffer?

Often, a defective vehicle part causes a fatal accident. Our lawyers file wrongful death claims on behalf of the families of decedents when vehicle defects take the life of a loved one.

Drivers, passengers, and any other people who are injured due to a defective vehicle part may suffer one or more of the following injuries:

  • Arm, hand, wrist, elbow, and shoulder
  • Back and neck
  • Brain damage
  • Head trauma
  • Burn injuries
  • Facial injuries
  • Heart attack
  • Internal bleeding and internal organ damage
  • Leg, foot, ankle, knee, and hip
  • Nerve damage
  • Reflex sympathy disorder
  • Scarring and disfigurement
  • Spinal cord damage and paralysis
  • Traumatic amputation
  • Vascular injury

At Hickey Law Firm, our Miami product liability lawyers discuss your injuries with your physicians - in detail. We review what injuries you have, what medical care you will need for the rest of your life, how serious your injuries are, and how the injuries impact every aspect of your life.

How long do I have to file a vehicle defect claim in Florida?

The statute of limitations for product liability claims is generally four years. In the event of the victim’s death, that time frame may be shortened to two years.

Statute of repose vs. statute of limitations

A statute of repose is like a statute of limitations. Both statutes limit the time in which victims can file a claim. A statute of repose begins from a specific “triggering event.” A statute of limitations begins from the date of the accident or injury. When an accident occurs, the date of the accident is clear. When products are defective, it may not become clear that the product is defective until many years after the purchase of the product.

The aim of the statute of repose is to protect manufacturers and other defendants from long-term liability.

Florida’s statute of repose law provides as follows:

An action for products liability under s. 95.11(3) must be begun within the period prescribed in this chapter, with the period running from the date that the facts giving rise to the cause of action were discovered, or should have been discovered with the exercise of due diligence, rather than running from any other date prescribed elsewhere in s. 95.11(3), except as provided within this subsection.

Under no circumstances may a claimant commence an action for products liability, including a wrongful death action or any other claim arising from personal injury or property damage caused by a product, to recover for harm allegedly caused by a product with an expected useful life of 10 years or less, if the harm was caused by exposure to or use of the product more than 12 years after delivery of the product to its first purchaser or lessee who was not engaged in the business of selling or leasing the product or of using the product as a component in the manufacture of another product.

Exceptions may apply for aircraft and where express or implied warranties may extend the time for filing a complaint.

Do you have a vehicle defect lawyer near me?

Hickey Law Firm meets with motorcycle accident victims at our Miami office located at 1401 Brickell Avenue, Suite 510. We meet with clients who are ill or immobile at their homes or other convenient locations when necessary.

Get help now. Call Hickey Law Firm in Miami today

At Hickey Law Firm, we represent victims and families when a Miami vehicle defect causes injuries or deaths. We’ll help you obtain justice. We demand compensation for your pain and suffering, medical bills, lost income, property damages, and other damages.

We only receive compensation if there is a settlement or verdict in your favor. To schedule your free consultation, call 305.371.8000 or fill out our contact form. We represent car accident, truck accident, and other types of vehicle accident victims throughout Florida, Miami, and across the United States.

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Hickey Law Firm – Call us today.