Can you sue a mechanic in a personal injury claim for a car accident?
If a faulty or incomplete auto repair contributes to an accident, the mechanic’s negligence could provide grounds for a lawsuit. If you suspect the mechanic’s faulty repair was a factor in causing your accident, you should contact a personal injury lawyer. Experienced attorneys can investigate, gather evidence and evaluate whether you have a case.
Studies Show Defective Vehicles Can Lead to Accidents
The National Institute of Health (NIH) reported that despite technological advances, vehicle defects still cause:
- Serious crashes
- Injuries
- Fatalities
- Property damage
Vehicle defects and lack of maintenance contributing to crashes range from tire problems (35%) and brake issues (22%) to more serious structural issues.
What is the mechanics role in preventing a car from being defective?
While manufacturers can produce defective vehicles, most cars coming off the production line are not defective. However, natural wear and tear typically occurs through a vehicle’s use. For this reason, vehicles require regular maintenance and repair when they break down.
For example, if a mechanic performs an oil change and fails to tighten the screw to the oil pan, the oil in the car will drain out, causing engine will seize. If this leads to an accident, you can sue the mechanic.
Failure to diagnose the issue and repair the defect in your vehicle, while telling you that the car is fine is also a form of negligence.
Ways a Mechanic Can Be Negligent
The following is a list of common ways a mechanic’s negligence could make them liable in an accident case:
- Poor inspection. Failing to diagnose serious issues such as worn out brake pads or bald tires.
- Faulty repairs. Failing to repair a known issue or improperly installing car parts, such as brakes or steering.
- Installing wrong or substandard parts. Replacing parts with a part that doesn’t work with the make of vehicle or that is a faulty part.
- Incorrect modifications. Modifying the vehicle so it no longer meets safety standards. Examples include: illegal window tints, excessive suspension lifting or lowering, or making vehicle lighting extremely bright.
- Causing damage during repair. While working on the vehicle, breaking or harming other parts of the car.
- Leaving metal shavings, dust, powder or fragments of plastic or glass in the vehicle.
Why is getting legal help necessary?
Determining whether a mechanic was negligent is a legal matter. An experienced attorney can determine whether the evidence meets the burden of proof necessary to win or settle a lawsuit. Your lawyer will investigate your accident, evaluate the findings and devise an effective strategy to recover compensation on your behalf.
It is wise to consult with a lawyer about your accident right away. This way, you can protect your rights. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.