Can I Sue a Mechanic or Auto Repair Shop for Negligence?
Motor vehicle accidents can occur due to a variety of factors. However, one of the most commonly overlooked reasons results from vehicle defects caused by mechanics or auto repair negligence.
If a vehicle repair technician or mechanic improperly repairs or maintains your vehicle which causes or contributes to an accident, you may have the right to sue the mechanic or auto repair shop for negligence.
Mechanics and auto repair shops owe a duty of care to their customers. When they fail to uphold that duty and it results in serious injuries, they may be held legally liable in a court of law.
What Is a Defective Mechanic Work Lawsuit?
When repairing a vehicle, mechanics are responsible for adjusting, removing, or replacing damaged parts. To ensure they fulfill their duties and prevent negligence, mechanics and auto shops must perform all repairs using a reasonable standard of care.
Acting within a reasonable standard of care means the mechanic must:
- Only make necessary repairs
- Perform repairs that the customer authorized
- Make all repairs safely
- Ensure that the vehicle is safe to operate on the road
If the mechanic or repair specialist acts carelessly or ignores potential problems with the vehicle, their negligence can lead to a car accident. If this occurs, you may be able to hold the mechanic or business liable.
In New York, all of your rights in auto repair are outlined by the New York State (NYS) Department of Motor Vehicles (DMV).
For a free legal consultation, call (646) 692-0204
Types of Faulty Auto Repairs That May Cause An Accident
Negligent mechanic repairs occur when an authorized specialist performs insufficient work or neglects to fix the vehicle’s problem. These careless actions include:
- Failing to diagnose or misdiagnosing obvious vehicle problems that a mechanic acting within a reasonable standard of care would diagnose
- Installing the wrong vehicle parts
- Not performing the correct procedure needed for the specific repair
- Ignoring or failing to replace damaged parts
- Damaging other parts of the vehicle while making a repair
According to traffic safety facts from the National Motor Vehicle Crash Causation Survey, faulty vehicles were responsible for 2% of the 44,000 collisions that researchers analyzed. The most commonly affected parts were the:
- Steering and suspension
If you can prove that your motor vehicle collision was the result of negligent auto repair work, then you can pursue financial compensation from the liable mechanic or repair shop owner.
How to Prove Automobile Repair Negligence
In order to collect compensation from a negligent auto repair shop, you must first prove that they were negligent and their reckless actions directly resulted in your damages. To do this, you must demonstrate with facts and evidence the following:
- Standard duty of care: The auto repair shop or mechanic was obligated to provide repair services within a reasonable standard of care.
- Breach of duty: The auto repair shop or mechanic acted in a way that violated their standard duty of care.
- Causation: The auto repair shop or mechanic’s negligence caused you to suffer injuries.
- Damages: Your injuries led to damages that are eligible for financial compensation.
You can prove negligence by comparing your vehicle’s repairs to industry standards.
However, establishing that the faulty repair resulted in actual damages is challenging. Auto repair shops are quick to deny liability and will always attempt to shift the blame. They will blame the accident on driver errors, road conditions, and other factors before accepting mechanic negligence.
When you hire the experienced and dedicated lawyers at Dansker & Aspromonte Associates, we will conduct a careful and thorough investigation of the facts and circumstances of your unique accident.
We will gather and preserve all evidence of the incident including the incident report, damage records, video footage, photographs and prior repair records, obtain sworn statements from the vehicle repair technicians and consult with vehicle repair engineers. Click to contact our personal injury lawyers today.
Should I Hire a Lawyer When Suing for Mechanic Negligence?
If the evidence shows that your accident was the fault of others, you are generally entitled to recover financial compensation for each and every type of injury you sustained. Based upon the facts of your case, you may be entitled to recover for:
- Pain and suffering for all physical and emotional injuries
- Loss of enjoyment of life
- Lost earnings and loss of benefits
- Medical expenses
- Future pain and suffering if your injuries are permanent
- Future lost earnings
- Out of pocket expenses for any expenses resulting from your injuries
But to recover these types of damages, you must prove that the mechanic’s negligence played a contributing role in your automotive collision. That’s where an auto repair negligence attorney comes in.
Legal experts gather evidence to support your negligence claim. They will consult with accident reconstruction specialists, collect witness statements, and use accident footage to demonstrate how vehicle failures contributed to your car crash. From there, your car accident attorney will pursue a fair car accident settlement that covers all of your financial losses.
Complete a Free Case Evaluation form now.
If you believe a negligent auto repair shop or mechanic played a role in your motor vehicle crash, don’t hesitate to consult with a car accident lawyer. At Dansker & Aspromonte Associates, our accident attorneys are ready to review your case and pursue legal action against any liable automotive repair parties.
We have been fighting for the rights of injury victims since 1988. Call us today at (646) 692-0204. Don’t delay however as there are deadlines that limit your rights. If you fail to file your claim by the deadline, you could be permanently prevented from recovering the money you deserve.
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