If you have been in an accident that was caused by a mechanical failure, then there are a lot of different factors that you will need to look at in order to determine whether or not someone else is at fault – particularly a mechanic. As a driver and a vehicle owner, you are expected to keep up with your vehicle’s maintenance needs, such as replacing burned out bulbs, replacing tires when the treads are worn, getting your brakes serviced, and more. If you do this and work with a reputable mechanic to get the work done that your car requires, then you should be able to drive your vehicle with the confidence that you have taken the right steps to avoid mechanical failure.
If you do not replace your tires when they are starting to wear out and you are in an accident because you lost grip of the road, then you are the one to blame for the failure to keep up with your vehicle. However, there is plenty of room for nuance, and the specifics of each accident depend on many different factors. In terms of a mechanic’s liability for an accident, one of the major factors that you need to consider after a mechanical failure accident is whether or not it was because of work you recently had done.
The following is some general information about when a mechanic may be held liable for an accident, but your best bet in this situation will be to work with an attorney. You can be certain that the mechanic will hire a lawyer as soon as you suggest that they may be liable for your accident, so it is best that you respond in kind. You can learn more here – getinjuryanswers.com – about how an attorney can help.
When Is a Mechanic Responsible For an Accident?
As with any question of fault and liability, there are a few factors that must be present in your accident in order to prove that someone else is to blame for your accident, and therefore liable for the damages that you have suffered as a result:
Duty of Care
The first thing that you will need to prove is that the mechanic had a duty of care that they owed you, which, in terms of their work, is to provide you with professional maintenance on your car. Your transaction with them is proof of the duty of care.
Failed Duty of Care
Once you have established that the mechanic owed you a duty of care, you will then need to prove that they failed to uphold this duty of care. If you got new tires installed on your vehicle and you were then in an accident because your wheel fell off your car on the way home from the mechanic, then this is a clear failure of their duty.
Accident Caused by a Failed Duty of Care
If you got home safely and realized that your tire was about to fall off, then you and your mechanic will have a lot to talk about, and there is almost certainly a legal remedy for you. However, you will not be able to sue them for economic and non-economic damages like you would after an accident. If you were in an accident because your wheel fell off, then this factor is present.
Measurable Damages From Your Accident
You will then need to prove your measurable damages in order to seek compensation from the mechanic. Again, your attorney will be able to help you understand this entire process fully so that you can get the money you deserve, and not just the money that the mechanic, their legal representation, or their insurance company wants to pay.