What causes a car to shake when driving is most likely connected to a mechanical issue with the tires, suspension, or even the brakes. Ignoring the problem could lead to further wear and tear until a critical failure occurs on the road, leading to a loss of control and possibly a serious accident.
If you have been in an accident with a car that was shaking and suffered a critical failure right before the accident, aFort Myers car accident lawyer may be able to help. They can investigate the accident, determine the cause of the shaking, and identify who is liable for your injuries.
What Causes a Car to Shake When Driving?
A car shakes when driving due to a problem with one of the following parts:
Tires: Unbalanced, Worn, or Damaged
The first most likely cause is tire balance. If the weight of the tires is not evenly distributed, that will cause the car to shake. If the lug nuts are not secured tightly, the car will shake. Even uneven treads will cause shaking. In fact, anything that reshapes the tires, such as damage from hitting a pothole, will cause the vehicle to rattle and shake.
Suspension: Worn or Misaligned
If the shocks, struts, or ball joints of the suspension system are worn out, the tires will fail to stay in equal contact with the road, and the vehicle will shake. And just like with a tire hitting a pothole, the impact could misalign the suspension.
Engine and Brakes: Shaking When Accelerating or Stopping
If the car shakes when the driver is accelerating, the shaking could be due to the engine misfiring or a bent drivetrain.
If the shaking happens when the driver is stopping, there could be problems with the brake pads and rotors.
Whatever the cause, if the vehicle is shaking,it should not be ignored. The driver should see a licensed mechanic as soon as possible to fix the issue; otherwise, the problem will persist and eventually completely fail.
The Driver Who Caused the Accident Is Liable
In most car accidents, the at-fault driver is always liable. Car owners have a responsibility to ensure their vehicle is operating correctly. If they ignore an obvious issue, such as shaking, they will be at fault for any accident they cause. However, they may share that fault with other parties.
Fault May Be Shared In an Accident Caused by a Shaking Car
Though the driver has a legal obligation to adjust to conditions on the road and with their vehicle, if they were in an accident due to a mechanical failure, that fault may be shared between other parties:
- Mechanic: If the owner sought a repair for their car’s shaking and the mechanic failed to repair the issue properly, they could share in the fault.
- Manufacturer: If the shaking was due to a faulty part, the manufacturer may be held strictly liable in aproduct liability claim.
This shared fault is possible underFlorida Statutes § 768.81. Every party involved with the accident is assigned a degree of fault, which affects the amount of compensation they may claim. However, if a party is greater than 50% at fault, they would be barred from receiving any compensation for their losses.
We Must Prove How Negligence Led to the Car Accident in Fort Myers
For a successful claim, we must demonstrate that four elements were present. These four elements are the basis of negligence, which include:
- Duty of care: When the car began shaking, the driver had an obligation to pull off the road and address the issue.
- Breach of duty: The driver ignored the shaking and continued driving.
- Causation: The shaking led to a critical failure that the driver could not recover from, and it led to an accident.
- Damages: You suffered measurable harm in the accident
YourFort Myers personal injury attorney can investigate the accident and gather evidence to prove how all four elements were present. Typically, the evidence they would gather includes:
- Maintenance logs: Records of the repairs conducted and the parts replaced
- Medical records: Your doctor’s prognosis and treatment plan
- Police reports: Official report from the Fort Myers Police Department
- Accident scene photos: Including the vehicles, the area, and the injuries
- Video footage: Events as they happened before, during, and after the accident
- Witness statements: Accounts from those who witnessed the incident
These cases may also require experts who can examine the cars to determine how long the mechanical issue has been present.
Recoverable Damages You May Be Eligible to Receive
Under Florida’s no-fault car insurance system, all drivers must carry apersonal injury protection (PIP) policy. This policy will typically cover:
- 80% of medical bills
- 60% of disability benefits
- $5,000 of death benefits
The minimum coverage required by law, though, is $10,000, which may be insufficient to cover any losses in a truly catastrophic injury accident.
In those cases, you may be able to exceed the limits of your PIP policy if your injuries meet theserious injury threshold. You could then seek compensation for pain and suffering, additional medical expenses, and loss of future earning potential.
You Must Act Before the Statute of Limitations Expires
UnderFlorida Statutes § 95.11, you have a statutory deadline. If you fail to file a lawsuit before the deadline passes, you will lose the right to sue. The courts will bar your case, and the insurance companies will have no reason to negotiate a better settlement.
In most cases where a shaking car was involved, the deadlines include:
- Two years for a personal injury lawsuit
- Four years for a product liability lawsuit
If you contact us early enough, we can ensure your case is filed on time. It will also allow us to collect evidence from the accident scene and send letters of spoliation for maintenance logs.
Call for a Free Case Consultation Today
If you have been involved in an accident with a car having a mechanical failure, such as shaking, call the Law Offices of Wolf & Pravato at (844) 643-7200. We can review your case during a free consultation.