How to Sue a Mechanic for Negligence
Many accidents are caused by careless drivers—but not all of them are. Sometimes, a vehicle doesn’t work as expected because a mechanic was negligent when performing repairs. In these situations, a motor vehicle can fail to operate as the driver expects.
Suing a mechanic for negligence is complicated. Our Aiken, SC personal injury attorney can meet to explain the process and what to expect. Surasky Law will investigate your claim and fight for fair compensation for your injuries. Please contact us today and read below to find out how to sue a mechanic for negligence.
Who Can Sue a Mechanic?
Negligent mechanics endanger the safety of all sorts of people. If you were hurt by mechanic negligence, you might sue. We tend to see lawsuits brought by the following people:
The driver of the defective vehicle. Since you are not at fault for the crash—the mechanic is—you should be able to sue for compensation.
Passengers in the defective vehicle. They are also victims of the mechanic’s negligence. They might be hurt in a collision or if the vehicle drives off the road.
Anyone hit by the defective vehicle. If a mechanic causes failure to occur with a vehicle, people or property may be hurt. This makes the mechanic liable for injuries to these people.
If you were hit by a defective vehicle, you might sue the mechanic or the driver—or both. But if you were driving the defective vehicle, then suing your mechanic might be the only way to receive compensation.
Examples of Negligent Repairs
Mechanics must use reasonable care when working on a car. This means properly diagnosing what is wrong with it, making necessary repairs, and doing their work with adequate skill. Sadly, some mechanics simply fail to do their jobs properly.
Some examples of negligent repairs include:
Overlooking problems or failing to diagnose them
Installing the wrong part
Installing the right part the wrong way
Performing an incomplete repair
Failing to warn a motorist not to drive because a repair can’t be performed immediately
Damaging the car while repairing it
Failing to put necessary parts back on the vehicle
Many people have no idea a mechanic has done negligent work until they are suddenly unable to control their car or they crash. It is vital to quickly contact an experienced accident attorney to review what happened and understand the legal issues.
Identifying Negligent Repairs
If you are involved in a wreck where the other car lost control, it could be due to a mechanic failure caused by negligence. You should always contact an attorney with Surasky if you are looking for compensation. One reason to contact us is that we can fully analyze the accident from all angles that you may not have considered.
If you were driving a vehicle that you think has a defect, the most important thing to do is avoid immediately fixing it. You don’t want to erase any evidence. Instead, we want to inspect the car to see if some repair was done poorly or if no repair was made when it should have been.
For these reasons, remember to tell your lawyer of any recent repairs you have done on the car. Provide the name and address of the shop you went to. As your lawyer, we can investigate to see if the mechanic overlooked an obvious problem or performed shoddy work.
How to Sue a Mechanic for Negligence
If you bring a claim against a mechanic, you have the burden of proving negligence. This means presenting evidence the mechanic failed to perform necessary repairs or did them poorly.
Evidence comes in different shapes and sizes. For example, we might have a mechanic look at the car and testify to correct procedures. For example, if your mechanic put the brake pads on backwards, our witness can explain that.
We also rely on photographs which can show the state of the car on the day of the crash. These photographs can show the negligent repair work that contributed to a wreck.
Compensation for a Mechanic’s Negligence
Our clients can seek compensation for a variety of losses. If the mechanic is at least partially to blame, we might request damages for:
Future medical care
Lost income and wages
Loss of earning capacity
Pain and suffering
Mechanics and body shops should have insurance to cover their mistakes. Of course, that doesn’t mean they are eager to admit fault. By hiring an attorney, you can present a strong case that a mechanic’s errors are the cause of your injuries. The defendant can either admit fault and pay compensation, or they might fight all the way to court. Either way, your legal team with Surasky has you covered.
Call Surasky Law to Find Out More
A personal injury claim begins with one phone call to a sympathetic personal injury lawyer. Our Aiken personal injury lawyer will happily meet to review what you know about your crash. Let us help. We will walk you through the steps for pulling together a legal claim and identify what pieces of evidence will matter for your case. Call us today to schedule a free consultation.