After you’re injured in a car accident, you might have a Houston auto personal injury case to help you get compensation for your accident-related expenses. Typically, car accidents are the result of driver negligence. However, in some cases accidents may be due to mechanical failure from faulty repairs. If this is true for your case, you may be able to seek compensation from the mechanic or repair shop.
How Do Vehicle Repairs Play a Role in Your Houston Auto Personal Injury Case?
You were in an accident. You know you’re not to blame, but the other driver claims they aren’t either. They say that it’s because of poor repairs from a recent trip to a mechanic. Is that even possible?
Yes, defective vehicle repairs may play a role in your Houston auto personal injury case. They can cause or contribute to car accidents. This can add a layer of complexity to your case, as the other driver may argue they aren’t responsible for any of your accident-related expenses. Also, holding unethical repair shops accountable for your damages and injuries can be difficult. However, your attorney can help you build your case against the mechanic.
Mechanical Failures and Car Crashes
Mechanical failures cause car accidents every day. There may be many different reasons for mechanical malfunctions in cars. For instance, it could be that the car’s owner simply didn’t maintain the car properly. In other cases, owners ignored the signs of damage. Another potential reason is that the manufacturer’s design or fabrication process was faulty.
However, it’s also common that poor quality repairs are to blame for mechanical issues that lead to car crashes. If a mechanic performs shoddy work, it can certainly cause a car accident. Therefore, it’s important to keep this in mind as you investigate your accident and explore your options for compensation.
Mechanics and auto repair shops owe drivers good quality work to repair the damage. Otherwise it risks the vehicle’s safety. For example, let’s say a mechanic tightens a tire lug nut too loosely because they didn’t use a torque wrench. This can lead to the wheel coming off the car entirely, which may cause a driver to lose control of their vehicle. Issues like these can easily lead to major accidents like Houston head on collisions that can cause serious injuries or even death.
When Are Mechanics and Repair Shops Liable for Houston Auto Personal Injury?
There are certainly times where mechanics and repair shops may be liable for your Houston auto personal injury case. In the previous example, the shop might have been liable because they were negligent in tightening the lug nuts on the wheel properly. However, just because someone recently had their car repaired before your accident doesn’t mean the repair shop is liable for your damages and injuries.
In every personal injury case, you must show that a party acted negligently and that negligence caused your damages and injuries. So, let’s talk about what constitutes negligence for an auto repair shop and how it can affect a car accident claim.
Negligence means someone didn’t do their duty of care for others. In the case of a mechanic shop, this means providing safe repairs for known issues. It can be the result of malicious intent or greed, but often it is due to incompetence. No matter the reason, the shop is still generally responsible for any harm they cause.
Some common examples of negligence in a car accident case from a mechanic shop include:
- Not repairing the damaged part
- Damaging another area of the vehicle in the course of repairs
- Allowing unqualified personnel to perform repairs
- Using incorrect parts or tools
- Illegally modifying the vehicle or its parts
An auto repair shop might be liable for your accident if their negligent actions, like the ones listed above, contributed to or caused the accident.
Proving Mechanic Liability in Your Houston Auto Personal Injury Case
Of course, it can be difficult to prove negligence and cause for your Houston auto personal injury case against a mechanic or repair shop. The shop will likely claim that the accident was due to another issue, such as driver negligence or other mechanical issues.
The car accident investigation is key for your case. It’s important to get as much information as possible about the accident to build your case. For example, statements from witnesses and other drivers, video footage of the crash, or even professional collision reconstructions. If there’s evidence that poor vehicle repairs may be to blame for the accident, our lawyers may recommend having a trusted mechanic inspect the vehicle or we may even be able to subpoena the shop’s records for the repairs made to the car. This evidence may help your legal team argue that the auto repair shop shares some fault for your accident.
Seeking Compensation from Mechanics and Auto Shops for Your Houston Auto Personal Injury Case
If you were injured in a car accident where faulty repairs are to blame, you can seek compensation from the mechanic or repair shop. Typically, these Houston auto personal injury cases start with an insurance claim, though you may need to file a Houston auto accident lawsuit to get compensation.
Filing an Insurance Claim
Most auto repair shops carry business insurance. Often, you can file a claim against their business insurance if poor repairs resulted in a car accident. Many mechanics also carry auto mechanic insurance policies that help cover liability for themselves individually. You may also be able to file a claim against this insurance for your case.
Filing insurance claims typically means communicating and negotiating with insurance adjustors, whose sole job is to pay you as little as possible for your claim. Your attorney can work with them on your behalf to protect your rights as you seek compensation.
Filing a Houston Auto Accident Lawsuit
In some cases, the mechanic or shop may be operating without proper insurance, or the insurance company won’t offer a fair settlement amount. In these cases, you may need to file a lawsuit. Filing a lawsuit can help show insurance companies you play hard ball and may encourage them to offer you a better settlement amount. However, in other cases, you and your lawyer may need to fight your case in court. In either situation, it helps to have an experienced Houston auto personal injury attorney on your side.
DeSimone Law Office – Fighting For Your Rights after a Car Accident
Our team at DeSimone Law Office offers experienced legal services after a car accident. We are your advocate if you’re seeking compensation in a car accident case. Our seasoned lawyers have helped settle thousands of disputes and are here to help you with your case. Get in touch today for a free case evaluation from our attorneys.