Can I Sue the Mechanic Auto Repair Shop for Negligence
Well-maintained vehicles are less likely to break down, which can result in costly repairs. Also, failing to maintain your vehicle could increase the risk of a car accident. Therefore, we rely on mechanics and auto repair shops to help us keep our vehicles in safe operating condition.
If a mechanic or auto repair shop is negligent in repairing or servicing your vehicle, you might be entitled to compensation for damages. First, you must build a case that proves the party was negligent.
Examples of Negligence by Mechanics and Auto Repair Shops
A person is negligent when they fail to use a reasonable level of care. The standard of care for negligence is based on what a prudent person would do in the same circumstances.
Examples of negligence by mechanics and auto repair shops include, but are not limited to:
- Installing the wrong parts
- The auto shop hired mechanics who were not certified or trained properly
- Failing to perform a needed repair
- Using defective or faulty parts
- Turning off safety features, including warning systems and airbags
- Damaging a vehicle while performing service or repairs
- Using previously damaged parts
- Did not complete all components of the repair
- Failed to diagnose a problem
- Performing unnecessary repairs
- Improper installation of a part
A personal injury lawyer can investigate your claim to gather evidence proving negligence. Your attorney also determines who is liable and pursues all parties to increase the chance of maximum compensation.
Proving Negligence for a Claim Against a Mechanic or Auto Repair Shop
There are four basic elements of a negligence claim. The evidence must prove each element by a preponderance of the evidence. To recover damages, you must establish liability by proving:
- Legal Duty – The auto repair shop or mechanic owed you a duty to provide services with a level of care that would ensure your vehicle was roadworthy and safe.
- Breach of Duty – The mechanic or auto repair shop failed to meet the level of care through their actions or omissions.
- Causation – The breach of duty by the auto repair shop or mechanic was the direct and proximate cause of an accident that resulted in injuries.
- Damages – The accident that resulted from the breach of duty caused you to sustain injuries and incur other damages.
Evidence your attorney may use to prove the above elements include copies of invoices, repair receipts, quotes, and other documents related to services and repairs. Testimony from expert witnesses who evaluated your vehicle to determine how the faulty repairs or service caused your accident. Your testimony regarding what happened.
Damages Available for an Auto Repair Negligence Claim in Texas
Your compensation for a negligent mechanic or auto repair claim includes economic and non-economic damages. Examples of damages for a claim of auto repair negligence include:
- The cost of the repairs that should have been completed
- The vehicle’s replacement value if it is totaled beyond repair
- The cost of future repairs that might be necessary
- Damages resulting from the car accident, including medical bills, lost wages, and out-of-pocket expenses
- Transportation costs while you are without a vehicle
- Pain and suffering damages, including emotional distress, diminished quality of life, permanent impairment, and mental anguish
- Wrongful death damages, if applicable
The amount you receive depends on the specific factors and circumstances in your case. After a complete review, an experienced lawyer can explain how much your case is worth.
Seek Prompt Legal Advice to Avoid Missing Filing Deadlines
There are deadlines to file lawsuits for mechanic and auto repair shop claims. Missing the deadline may cause you to lose your right to file a lawsuit. The party who caused your damages would get away with their wrongdoing.
As soon as possible, contact an attorney for advice. The sooner you receive legal advice, the better prepared you are to decide how to proceed. When you hire a lawyer, you have an entire legal team on your side, so you do not have to try to take on a company and insurance provider alone.
Get Help With a Negligence Claim by Scheduling a Free Consultation
If a mechanic auto repair shop causes you harm because of negligence, our legal team is here to help. Call The Law Firm of Alton C. Todd Personal Injury Lawyers to schedule a free consultation with a Texas personal injury lawyer. We protect the rights of injured victims and their families.
Contact the Texas Car Accident Lawyers of The Law Firm of Alton C. Todd Personal Injury Lawyers. Call us at (409) 207-9299 for Help Today
Please contact an experienced car accident lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas. Call us at (281) 612-7550.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
409-904-0753
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
