Not every car accident is the fault of a negligent driver. Sometimes, both drivers are careful, but their vehicles collide because of a malfunctioning part. Think of brakes failing or the tires exploding.
Suddenly, a motorist loses control of their vehicle and can slam into another motorist or even stationary objects. This motorist was trying to be careful, but the vehicle became unmanageable.
Although parts might naturally wear out on a car over time, some of them fail as a result of mechanic negligence. A question arises: Can you sue an auto repair shop for failing to make proper repairs? The answer is “yes,” but these are difficult claims to bring. Call our law firm to speak with an experienced Spartanburg, SC car accident lawyer at McCravy, Newlon, Sturkie & Clardy.
Examples of Mechanic Negligence
A mechanic will be liable for an accident when they fail to perform their job with sufficient care, and a collision results. Some examples include:
- Installing a part incorrectly. For example, a mechanic might install the brake pads backwards. They will not work properly due to inadequate installation.
- Installing the wrong part. Car parts are not interchangeable. A mechanic might order the wrong part and then put it on your car, which promptly malfunctions.
- Carelessly performing repairs. The mechanic might fail to use the skill when performing their job. Consequently, the vehicle malfunctions. As an example, a careless mechanic might overinflate the tires, which then explode as you drive home.
- Overlooking defects. A mechanic might fail to catch that something is wrong with your vehicle: brake pads are worn, tire treads are worn out, and the like. In those situations, the mechanic fails to make necessary repairs to your car, which makes it dangerous to drive.
These are examples of a mechanic not performing their job with adequate care and skill. When a mechanic’s error leads to an accident, you might sue for compensation.
How to Sue An Auto Repair Shop in South Carolina
Can you sue an auto repair shop in South Carolina? Yes, but you need to do it the correct way:
- Document the accident. Take pictures of the scene, call the cops, and swap insurance information with any other driver involved. You should also get the names of any witnesses.
- Do not immediately fix your vehicle. Did your car malfunction? You don’t want to immediately fix it. Instead, a lawyer wants to inspect the vehicle and document any parts that are installed incorrectly, worn out, and so on. This is a critical step. A mechanic can always claim they did adequate work on your car and blame you for driving carelessly. Ideally, you should have photographic evidence of mechanic negligence.
- Keep up with your medical care. Our clients suffer all the familiar injuries in collisions, including neck injuries, broken bones, concussions, contusions, and sprains. Always follow your doctor’s advice and remember to keep copies of all medical bills.
- Find documentation of mechanical work. Did you save the receipt when you took your car into the shop? Find that paperwork. If you didn’t save it, then at least write down what auto shops you have visited in the last year. Your lawyer can investigate and find evidence to prove which auto shop worked on your car.
- Schedule a consultation with a lawyer. A lawyer is a big help and can begin gathering evidence and filing an insurance claim for you. We might sue the auto shop directly. They should also have business liability insurance, which can usually cover a negligence claim.
These are preliminary steps. Let our office provide additional advice in a consultation. We can also estimate how much you might request in compensation.
We Also Must Prove Causation
Your mechanic might have done shoddy work. But they are not liable for the accident unless their mistake caused the crash.
Here is a simple example. Your mechanic failed to install brake pads properly, but you crashed because your light bulbs were blown and you couldn’t see the road. In this example, the mechanic’s negligence is not the cause of your accident.
Did You Refuse to Take Your Car to the Mechanic?
It’s not mechanical negligence if you knew something was wrong with your car but refused to get it serviced. That’s on you, the owner. A car owner can also be negligent by failing to have their vehicle serviced.
Likewise, you might have failed to point out that something was wrong with the car. Although a careful mechanic should not miss obvious defects, they cannot read your mind.
For example, you might have noticed the tires skidding when you brake. When you take your car in for an oil change, you don’t mention the skidding issue. Your mechanic probably was not negligent for failing to recognize a brake issue when changing your oil.
We are interested in what work you had done at the mechanic shop recently and whether the same parts were involved in the crash.
What if the Other Driver’s Car Was Faulty?
Your collision might stem from mechanic negligence on the other driver’s vehicle. For example, a motorist could have rear-ended you because their brakes failed. They tried to stop, but the car didn’t respond.
In this scenario, you will probably bring your claim against the other driver anyway. We usually file a claim on the driver’s liability coverage for all compensation, since they hit you. It’s up to the other driver to turn around and sue their mechanic.
Speak with a Spartanburg Car Accident Lawyer Today
Mechanics provide invaluable services, allowing all car owners to feel safe in their vehicles. But like anyone else, some mechanics are negligent. They could be overworked or simply have slipped up and been careless. McCravy, Newlon, Sturkie & Clardy is a law firm ready to seek financial compensation from anyone who is responsible for our clients’ accidents. We can sue a mechanic for negligence when the facts warrant. Call us today. A lawyer in the 29301 zip code can meet to inspect your car and discuss possible legal remedies.