Palm Beach Gardens Attorneys - Brake Failure Lawsuits

Auto Recall Attorneys - Florida

The firm has extensive experience litigating personal injury and wrongful death lawsuits based on automotive brake failure. Cohen Milstein Sellers & Toll PLLC, is a law firm committed to consumer advocacy and protecting the rights of Florida individuals against large corporations that sometimes place profits above people.

At our Palm Beach Gardens office, we have gathered an experienced and determined legal team of knowledgeable attorneys and professional staff. We care about our clients and take seriously our responsibility to help injured people regain stable financial footing after a serious accident. We have a record of success, and we put forth the same intense effort on behalf of every new client. Contact us today to schedule a free consultation with a law firm that gives you direct access to the senior attorney on your case and that promises to keep you updated on progress.

Causes of Brake Failure - Who Is to Blame?

Brake failure has one of three causes.

Brake Failure Due to Product Design or Manufacture Defect

The recent Toyota brake failures and auto brake recalls are an infamous example of brake failures caused by a defect in design or manufacture. If the product is designed in a way that encourages brake failure, or if a component of the brake is manufactured negligently, and if brake failure occurs, then the injured person may have a valid legal claim against the company that designed or manufactured the brakes or brake component. Such brake failure cases have been brought against major car companies such as Chrysler, Dodge, Jeep and Toyota.

Brake Failure Due to Mechanic Negligence

Non-accidental brake failure can also occur if a car mechanic unreasonably fails to check your vehicle's brakes during an inspection or repair of another automotive component. In such a case, an injury victim may have a valid legal claim if we can prove that the car mechanic was careless or negligent in failing to inspect your brakes.

Brake Failure Due to Failure to Properly Maintain a Commercial Vehicle

Commercial vehicles such as delivery vans and 18-wheelers must follow specific state and federal safety regulations regarding scheduled maintenance and hydraulic brake inspection. If a commercial trucking company fails to comply with the legally required maintenance schedule, and if a brake failure vehicle accident occurs as a result, then the injury victims may have a valid legal claim against the company responsible for performing vehicle maintenance.

Rollover Accident · Roof Crush · Palm Beach Gardens Attorneys

Florida Automobile Safety Recall Attorneys

In 1973, the National Highway Traffic Safety Administration issued Standard 216, known as the "Roof Crush Resistance" standard. The purpose was to reduce injuries and deaths resulting from the crushing of the roof into the passenger compartment in auto rollover accidents. These rules are in effect for cars since the 1974 model year and for trucks and vans since the 1995 model year.

Even with these federally mandated standards, the failure of the roof of a car, SUV, or truck is the most likely failure to cause death or injury. The roof remains the least crashworthy part of the vehicle. SUV drivers and passengers are twice as likely to be killed in rollover accidents than those in a standard vehicle. The most likely result to a vehicle occupant due to roof collapse is that he/she may sustain brain injuries, quadriplegia, or death.

Some vehicle manufacturers continue to produce cars, trucks, and vans that have inadequately designed and installed roofs. Severe roof crush is frequently the product of weak or flimsy roof pillars and other supporting structures. Sometimes simple design changes would have prevented serious injury or death. In other situations, the installation of such things as a sunroof weakens the roof structure. Sadly, timely safety recalls would often prevent many serious injuries and deaths, but for financial reasons some automotive companies delay issuing safety recalls until forced to by public or government pressure.

Cohen Milstein Sellers & Toll PLLC is a respected plaintiffs' personal injury law firm. We have litigated numerous multimillion-dollar automotive crashworthiness lawsuits. Roof crush and rollover accidents are frequently caused by design or manufacturing defects. We have the experience and resources to investigate and litigate complex auto defect cases against the largest automotive companies.

Seatback Failure Attorneys in Florida

Seat backs can fail under various circumstances, however, the ultimate cause of these failures is the rearward loading of the seat by the occupant's body mass. Some seats fail due to the relative acceleration of this mass during a collision, whereas others fail under the weight of the occupant while a vehicle is stationary or traveling at a constant velocity. The two most common types of failure are the failure of the seat back support system to maintain an upright position and the deformation of the seat back frame itself. Less common are failures that have been attributed to deformation of the mounting system that holds the seat to the vehicle floor or to a collapse of the vehicle floor pan. Another problem is the detachment of non-integral head restraints during an accident.

When an automobile front seat fails in a rear-end collision causing the seat back to move suddenly rearward, three serious hazardous conditions can arise:

  • Loss of control, thus exposing occupants to otherwise avoidable multiple crashes;
  • Ejection rearward out of the failed seats, possibly through rear or side windows or doors;
  • Interior impacts, by being hurled into the rigid interior structures of the vehicle or, even worse, into other occupants who then also may be injured;
  • Blockage of exits, when the collapsed seat/seat back structures hinder egress for crash victims from the vehicle's doors - a horrendous defect when the fuel system has ruptured and the car is on fire. 

Catastrophic results of seat back failure are brain damage, paraplegia, quadriplegia and death. Non-catastrophic injuries include many forms of painful and disabling upper spinal column and head trauma.

As a result of the inaction of both the federal government and most of the automotive industry, the consumer is being asked to drive in vehicles with inadequate, hazardous seats and seat backs. Because of the government's passive attitude toward safety related problems of seats and seat backs, automobile occupants are being injured or killed and consequently the only recourse is the tort system. By litigants pursuing rightful claims for safer seat and seat backs they will continue to bring pressure on callous and indifferent manufacturers and, hopefully, NHTSA to honor their responsibilities to provide restraint systems that are safe and to replace those that are not.

To reduce your risk of Seatback Failure:

  • Limit the amount of cargo your carry in your trunk and don’t carry it longer than necessary.
  • Push the cargo as close to the back seat as possible and evenly distribute the load.
  • When provided by your vehicle manufacturer – use their cargo restraints (nets) to secure cargo.