Who’s Responsible If a Faulty Fuel System Causes a Car Crash?

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Depending on the evidence gathered, responsibility for an accident due to a faulty car fuel system will likely fall on the manufacturer. However, fault may be shared among multiple parties, including the driver.

To understand who may be liable for your car accident caused by fuel system issues, aFort Myers car accident lawyer can investigate the accident. They can determine how the fuel system in the car failed, who was responsible, and file a car accident claim with all liable parties.

Liable Parties in a Car Accident Due to a Faulty Fuel System

As stated, fault for a car accident caused by a failing or defective fuel system could be on such parties as:

Manufacturer: The part or vehicle manufacturer could be held strictly liable under aproduct liability claim.
Distributor: If a part or car was under a recall notice, the dealer or distributor could share fault for not discontinuing sales.
Mechanic: The company responsible for the maintenance and upkeep of the vehicle may be at fault if they did not replace or fix a failing part in the fuel system.
Owner: If the owner knew of the problem and did not take appropriate steps to address it, they too may share in the fault.

When multiple parties are found to be at fault for any accident, that fault can be shared amongst them. UnderFlorida’s modified comparative negligence laws, each party would be assigned a degree of fault. Those who suffered in the faulty fuel system car accident can receive compensation, but their compensation will be reduced by their degree of fault.

Any injured party whose fault is greater than 50% is barred from receiving any compensation.

Insurance companies are aware of this statute. Some insurers will try to place a greater degree of blame on others to devalue or even deny claims. AFort Myers personal injury attorney can protect you from abuses of this statute.

Common Causes of Fuel System Problems

When a fuel system fails, engine performance will be directly affected. The engine will struggle to start, misfire, and frequently stall. Common causes include:

Fuel Pump: Any interruption in the flow of fuel from the fuel tank to the engine will cause issues.
Filter: A clogged or dirty filter will affect the efficiency of the engine.
Injectors: Like the filter, if the cylinder injectors are clogged, engine performance will be reduced.
Fuel Lines: Old, cracked, and leaking fuel lines will starve the engine and cause performance issues.
Pressure Regulator: You may also have engine problems if fuel pressure fluctuates due to a failing regulator.

If the car is having an issue with the fuel system, the check engine light will come on. It is the car owner’s responsibility tohave the engine serviced by a licensed mechanic before issues become worse.

A failing fuel system at an inopportune moment on the road can lead to serious injuries for those involved.

To Prove Who Is Responsible Requires Evidence

We must be able to prove how the responsible party was negligent for your car accident. That means showing four key elements:

Duty of Care: The other party had a legal or professional obligation.
Breach of Duty: The other party failed in their duties to keep you safe.
Causation: This failure led to an accident and your injuries.
Damages: You suffered physical injuries, financial hardships, and emotional distress.

We must prove each element with evidence, such as:

Medical records and bills
Police report
Photos and video of the accident scene, your injuries, and the vehicles
Repair estimates and maintenance logs
Cell phone records
Eyewitness testimony
Financial records
Physical evidence, such as parts from the faulty fuel system

Of particular importance will be expert testimony, especially about the faulty fuel system. Automotive experts and engineers can add credible information to determine when the issue should have been discovered and how the part failed.

Florida’s No-Fault System

Knowing who is responsible for a car accident caused by a faulty fuel system may be a moot issue under Florida’s no-fault system. Under this system, you are covered by yourpersonal injury protection (PIP) policy. It covers medical, disability, and death benefits up to the policy limits.

However, you may find that your injuries and losses far exceed the limits your policy would cover, especially if you suffered such injuries as:

Traumatic brain injury (TBI)
Spinal cord damage
Organ failure and internal bleeding
Broken bones
Disability and disfigurement

These catastrophic injuries would allow you tostep outside the limitations of your PIP policy and file a lawsuit against the negligent party or parties in your accident.

Florida’s Statute of Limitations

You should also be aware of the statute of limitations. UnderFlorida Statutes § 95.11, you typically have two years to file a personal injury lawsuit with the Lee County courts. If your case involves a defective product, the deadline may be four years. Your attorney can review your case and explain which deadline applies.

If you miss the deadline, though, there are repercussions:

The courts will bar your case, no matter how strong your evidence is.
Without the threat of a lawsuit, the insurance companies will not negotiate.
You will then be responsible for covering any difference in your losses that the insurance settlement fails to compensate.

However, if you contact an attorney as soon as possible after the accident, they can begin protecting your rights and building your case. With early notice, they can also send out letters of spoliation to preserve evidence that may be in the hands of liable parties.