When it comes to taking cars to a repair shop for a tune-up or repair, we do it hoping that the mechanic knows his craft and would fix our vehicle. Knowing the mechanic to trust is tricky unless a friend or relative recommended them.
Even with a recommendation, there is always a chance that the auto repairer would do a lousy job that might result in a car accident. If the latter happens, you can hold the mechanic liable for damages with the help of an auto accident attorney in Lakeland, Florida. But first, you need to find out what makes repair shops or mechanics negligent.
What Amounts to Negligence?
Negligence is the foundation of most civil lawsuits. There must be a duty of care and a breach of trust before you can claim a wrong or injury. To show that a repair shop or auto mechanic behaved negligently, you have to prove that they contributed to one of the car crash causes, if not the sole or primary factor.
Generally, the person who asserts negligence must show concrete evidence that:
- The defendant owed them a duty of care and was supposed to take reasonable steps in preventing the injury suffered.
- The defendant breached the duty of care by failing to act or by reckless actions.
- The breach has a causal connection to the injury suffered by the victim.
- The harm suffered resulted in damages.
What Is a Mechanic’s Duty of Care?
In proving that a repair shop or mechanic behaved negligently, you must first establish the duty of care owed to you. There is an underlying belief that a person operating a repair shop has the required skills and license.
It means that anyone who brings a car into the shop expects to get services that would fix the problem they came with or advise on what to do. Thus, the mechanic has to inform vehicle owners on when their car is safe to drive or not.
The mechanic also has to inform the car owner whether they can fix the vehicle’s problem or not. Failure to do any of this would amount to a breach of the duty of care on the part of the mechanic or repair shop.
Other instances of breach of duty of care are:
- Performing wrongful repair
- Keeping foreign objects detrimental to the vehicle during the repair
- Replacing old parts with subpar ones
- Damaging workable parts of the car during repair and failing to fix them
- Modifying parts of the vehicle in a way or ways that make it illegal to drive
Note that if a mechanic, after fixing the problem that took you to the repair shop, warns you of another issue, but you fail to ask them to fix it, they will not be held liable for any accident or injury. The same applies if you drive your car after the mechanic warns you of some issues that might make it inoperable in certain conditions.
For example, if the mechanic says your tire treads are weak and won’t gain traction in adverse weather conditions, they have fulfilled their care duty. Any non-corrective decision you take outside that advice automatically relieves the auto repairer of the responsibility.
How to Link a Breached Duty to Your Injuries
Proving negligence or a breach of duty in civil actions is tough to do and needs the expertise of an auto accident attorney in Lakeland. In linking a breached duty to your wounds, you have to keep accurate documentation of the repair work carried out on your vehicle.
The repair shop that handles the post-accident repairs must pinpoint any post-accident vehicular fault and how it contributed to the occurrence. Get your attorney or insurance company to carry out an in-depth investigation of possible mechanical defects.
Since he who asserts must prove, you have to establish a direct link of causation to the mechanic before you can institute an action. The link also determines the amount of compensation you will likely get for the breach of duty or if you get compensated at all.
Contact Burnetti, P.A. if Your Mechanic Behaved Negligently
If you believe your car accident happened due to the negligent behavior of your repair shop or auto mechanic, then you need representation from a Lakeland car accident lawyer from Burnetti, P.A. Our team of lawyers have years of experience handling car accident cases covering minor or severe injuries and will help you with your case. Contact us today for a free virtual consultation and begin the process of getting compensated for your injuries.