If you have been injured in a car accident and the faulty repairs of a mechanic were the cause, you may be wondering, “Can I can sue the mechanic for negligence?”
The answer is yes, as long as certain conditions are met.
A car accident lawyer at The Kryder Law Group, LLC Accident and Injury Lawyers can review your case and help you determine if you have a valid mechanical negligence claim.
In this Article
Can I Sue a Mechanic for Negligence?
What is Negligence?
Negligence is the failure of a person or entity to take reasonable care, resulting in harm or injury to another person.
Proving Negligence
To successfully sue mechanics or auto repair shops for negligence, you must be able to prove:
Duty of Care: Mechanics have a duty of care to properly repair and maintain vehicles.
Breach of Duty: When a mechanic fails to properly repair or maintain your vehicle, they breached their duty.
Causation: The mechanic’s actions (or lack thereof) directly caused your injuries.
Damages: You suffered damages as a result of the mechanic’s negligence.
Types of Negligence in Auto Repair
Some common types of negligence in an auto repair shop include:
The mechanic failed to use reasonable care while performing the repairs or maintenance.
The mechanic was not adequately trained or certified to work on your vehicle.
The mechanic failed to properly install or repair certain parts of the vehicle.
The mechanic was aware of, but ignored, a potential safety hazard that led to the accident.
Steps to Take if You Believe Your Mechanic Was Negligent
If you believe that your mechanic’s negligence caused your automotive collision, there are certain steps you can take to strengthen your case:
Document everything: Keep receipts and invoices of all work performed at the mechanic shop.
Gather evidence: Take photos of damage to your vehicle or injuries sustained in the car crash.
Get a second opinion: Have another auto shop inspect your vehicle and provide a written report on any faulty work.
Consult an attorney: A personal injury attorney can help you understand your rights and guide you through the legal process.
Possible Outcomes
If you are successful in proving your mechanic liable, you could receive:
Compensation for medical bills and expenses, both past and future
Lost wages for time off work missed because of the accident
Financial compensation for pain and suffering and other losses from the accident
When Is an Accident NOT Caused by a Mechanic’s Negligence?
Not all car repair-related accidents are due to auto mechanic negligence, for example:
You ignored warnings from the mechanic, such as “Don’t drive until this is fixed.”
The part that caused the accident was not installed by a mechanic.
You’ve driven the car for a long time after the repair was made.
The accident was caused by a part or issue unrelated to the repair.
Considering Suing a Mechanic? Small Claims Court vs. Personal Injury Claims
Personal injury claims are a legal action meant to seek compensation for serious injuries caused by another person’s negligence or wrongful act.
Small claims are meant to seek compensation for damages caused as a result of a breach of contract.
Illinois consumer protection laws may also come into play and you can make a complaint online with the Office of the Illinois Attorney General.
What If My Mechanic Was Not Entirely at Fault?
Even if the mechanic was only partially at fault, or others were involved in the accident, you may still pursue a mechanic for negligence under Illinois’ comparative negligence rule, where fault in car accidents is proportionally assigned.
Compensation may be adjusted based on your own fault, highlighting the importance of consulting a reliable auto repair negligence attorney to examine your case.
Who Else May be Liable?
In some cases, there may be multiple parties who can be held liable for an auto repair negligence case. These parties may include:
The owner of the repair shop or dealership where the mechanic works.
The manufacturer of a defective part that caused the accident.
Any third-party vendors or contractors involved in the repair work.
The other driver involved in your accident
Do I have a case?
Get In Touch With Us
The Kryder Law Group, LLC Accident and Injury Lawyers, 134 North LaSalle St. Suite 1515 Chicago, IL 60602
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