Is There Potential Liability for Careless or Negligent Vehicle Repairs or Maintenance?
If a mechanic fails to properly complete a repair or fails to properly diagnose a problem with a vehicle, and it causes or contributes to a motor vehicle accident, can the mechanic or the garage be liable for any losses sustained? If you suspect that a mechanical failure led to your accident, how do you prove liability on the part of the mechanic or shop?
Vehicle Maintenance Can Be Factor in Causing Accidents
According to data gathered by the National Institutes for Health (NIH), vehicle defects have been determined to be the factor in about 2% of all motor vehicle accidents. The common defects include faulty tires (35%) and defective brakes (22%).
Can You File a Lawsuit against the Mechanic for Defective Maintenance of a Vehicle?
As a general rule, you can bring a personal injury claim against anyone whose carelessness or negligence caused you to suffer injury or loss, including a mechanic. You must, however, establish the following to be successful in your claim:
- The mechanic did not act as a reasonable person would under the circumstances (breached the duty of care)
- The failure to act reasonably was the actual cause of an accident
- The losses you suffered were reasonably foreseeable as a consequence of the failure to act reasonably
- You suffered actual losses in the accident
Proving carelessness or negligence by a mechanic can be difficult and is often best accomplished through the testimony of an expert witness.
Let Attorney Michael R. De La Paz Protect Your Rights When You Have Been Hurt in a Texas Car, Truck or Motorcycle Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide. We have a comprehensive understanding of the types of injuries commonly suffered in any type of motor vehicle accident, and know how to effectively present your case to a judge and jury, if necessary. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Lawsuits Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma