Latest Blogs

Victims of vehicle accidents caused by defective vehicle parts may have legal recourse against the manufacturers and possibly others, such as part distributors.

If, for example, defective brakes fail when a driver engages them, and the vehicle does not stop, the manufacturer may be held liable for the resulting injuries not only to those hit by the vehicle when the brakes should have worked but also the driver and other occupants in the vehicle as well. Manufacturers have the responsibility of keeping drivers and passengers reasonably safe by producing non-defective parts.

If the failed brakes were not part of the original equipment (OEM) provided by the manufacturer but were replacement parts, the parts may be defective, or they might have been installed improperly. This changes the liable party accordingly. 

Faulty tires have been known to cause rollover accidents. In some instances the defective tires are part of the original equipment. If this is the case, the manufacturer of the vehicle and the tire manufacturer may be held liable for injuries to the driver and occupants of the vehicle.

Personal Injury Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. practicing in Southwest Florida, explains that,  "When a vehicle accident occurs, the occupants must also be kept reasonably safe from a 'second impact'. This term refers to the collision between the occupants and the inside of the vehicle which occurs after the initial impact with another vehicle or stationary objects such as light poles."

When  drivers or passengers are ejected from a vehicle in a crash, it could be the result of defective seat belts or defective or insufficient vehicle roof strength. The injuries sustained by the ejection create a 'second impact' situation. Similarly, if an airbag deploys at the wrong time by being late or premature, the manufacturer can be held liable for injuries sustained during the 'second impact'.

What can make a part defective?  Some parts may be prone to breaking or malfunctioning as a result of a defective design.  Even when they are assembled correctly, if the design is poor, the part may fail.  Or, the design may be right, but the assembly or installation may not be.

Proving that a part was defective and the cause of the accident may be complicated.  This is why it is extremely important that the vehicle is preserved for a complete and thorough inspection.

Establishing liability and taking defective product cases to trial is a complex matter and requires a highly skilled attorney . We, at Spivey Law Firm, Personal Injury Attorneys, P.A. www.spiveylaw.com have the required skills and experience needed.  If you have been injured, contact us today.

F0lorida Accident Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.