The integrity of a motor vehicle is vital to the safe and proper control of the car. If something compromises how a vehicle operates, such as negligent or wrongful acts committed by an auto mechanic, and this causes a car accident, the crash victim may be able to file a lawsuit for damages. Finding out if and when you can hold your auto mechanic liable for a car accident in Texas may require assistance from an attorney.
In personal injury law, negligence refers to the failure to live up to the expected or appropriate level of care. If one person’s negligence results in injury or harm to someone else – including in the form of causing a car accident – the negligent party may be held financially responsible. Many examples of negligence can result in an automobile accident in Texas. One is the failure of an auto mechanic to properly repair or maintain a motor vehicle.
Examples of auto mechanic negligence include:
If an auto mechanic fails to perform in a way that a reasonable and prudent mechanic would have in the same or similar circumstances, the auto mechanic may be guilty of negligence. If the act of negligence leads to conditions that cause or contribute to a car accident, the mechanic can be held liable for related injuries, property damage and deaths.
After a car accident, there is typically an investigation into the cause of the crash. If it is discovered that a problem with the motor vehicle caused the accident, and not the driver of the car, the parties responsible for maintaining the integrity of the car will be called into question. This includes the auto repair shop that last worked on the car. If any evidence is found that the auto mechanic was negligent, victims who were injured in the car accident may be able to file lawsuits against the mechanic for financial compensation.
Proving a lawsuit based on the legal theory of negligence requires clear and convincing evidence of the following elements:
Proving negligence in this type of lawsuit typically requires evidence that a reasonable and prudent auto mechanic would have done something differently in a similar situation to prevent the crash. If a lawsuit against an auto shop or mechanic succeeds, the shop’s garage liability insurance will most likely pay for the damage caused by faulty repairs. All auto shops must carry liability insurance to cover repairs connected to substandard work.
A car accident case involving alleged auto mechanic liability can be complex. The auto shop may refute liability or try to blame you for the crash. Hiring a car accident lawyer in Dallas to represent you is the best way to protect your legal rights if you believe that a negligent mechanic contributed to your car accident. An attorney will stand by your side through every phase of the legal process when going up against a mechanic to guide you to the best possible resolution. To learn more about your legal rights, contact The Law Firm of Aaron A. Herbert, P.C. today.