Roderick C. Lopez | November 26, 2024 | Car Accidents
Auto mechanics don’t get much acclaim, but we put their lives in their hands every day. If a mechanic makes an error, it could cause an accident that might injure or kill the occupants of the vehicle. Even without injury, the car might be totaled. So yes, under the right circumstances, you can indeed sue a mechanic or auto repair shop for negligence.
Ways That an Auto Mechanic Might Commit Negligence
Here are a few ways that a careless mechanic might cause you harm:
- Improper installation of brake pads (a potentially deadly error)
- Improper diagnosis of a problem, such as a cracked engine block
- The use of defective parts, even unintentionally
- Failure to properly install gaskets and seals
- Ignoring manufacturer safety recalls
- Working on a vehicle without the necessary qualifications or allowing an unqualified employee to do so
- Failure to warn of potential dangers, such as faulty airbags
The above list is very abbreviated. Even a moderately inclusive list could include hundreds of items.
The Elements of Proof
To prove that your auto mechanic was negligent, you need to prove the following facts:
- The mechanic owed you a duty of care. This element is present if you took your car to a mechanic for repair or even a checkup.
- The mechanic violated (breached) their duty of care. The section above includes seven examples of this, such as failure to properly install brake pads. Remember, duty of care plus breach of duty amounts to negligence but not necessarily liability.
- The negligence actually caused the harm you suffered.
- You suffered damage (harm that money can compensate for). That might mean an injury when your brakes failed in a car accident, for example. Alternatively, it might mean property damage to your car.
You can win a negligence case if you prove all of these facts.
Evidence
The plaintiff (the victim) bears the burden of proving their claim. The evidence that you need to prove a mechanic’s negligence can come in many forms, depending on the facts of the case. Below are some examples:
- A letter from your employer stating how the amount of earnings you lost because of your injuries (if the mechanic’s negligence caused an injury accident)
- The testimony of an accident reconstruction expert which traces the cause of the accident to the mechanic’s negligence
- Dash Cam or CCTV footage of the accident
- Medical records and medical bills to prove your medical damages
- Eyewitness accounts of the accident
- A detailed police report. You usually cannot use this evidence in court, but you can call the officer who wrote it as a witness
- Documentation from towing services
- Information about the mechanic’s credentials
- A maintenance and repair record for the vehicle
- An inspection report conducted after the mechanic’s repairs
Some types of evidence, such as police reports, are generally inadmissible in court but are still useful in settlement negotiations.
Damages
The amount and type of damages you qualify for depends largely on the consequences of the mechanic’s negligence. If your losses were confined to damage to your vehicle, your losses might be limited to auto repairs, rental car expenses, and similar items.
If, on the other hand, the mechanic’s negligence caused an accident, your damages might include medical bills, lost wages, pain and suffering, emotional distress, and other tangible and intangible losses, including compensation for damage to your car.
Contact the Laredo Personal Injury Attorneys at Roderick C. Lopez Personal Injury Lawyers. Call Us at (956) 529-7336
Do you need a Laredo car accident, truck accident, or motorcycle accident lawyer? You might not know at first, but if the ultimate cause of your traffic accident was a mechanical failure-–either in your vehicle or the other driver’s–you might indeed have a case.
If you were injured in an accident in Laredo, TX, and need legal help, contact our Laredo personal injury lawyers at Roderick C. Lopez Personal Injury Lawyers to schedule a free case review today.
We are located in Laredo, TX, proudly serving Webb County and surrounding areas. We are located in Laredo, Texas.
Roderick C. Lopez Personal Injury Lawyers
6557 Metro Court, Suite 1 Laredo, TX 78041
(956) 529-7336
