How to Handle Auto Repair Negligence Lawsuits
Third party lawsuits for serious injury auto accidents are usually against drivers. But sometimes none of the drivers caused the accident. When auto repair negligence causes critical systems to fail, the results can be catastrophic.
When your brakes fail or your transmission cuts out, it may become impossible to avoid a serious auto accident. Drivers faced with a sudden mechanical failure might have to drive into a ditch or cut the engine rather than driving, uncontrolled, into traffic. But even when a driver takes all reasonable care, sometimes a crash is inevitable.
Third Party Auto Repair Negligence Claims
Michigan law divides auto injury law into two kinds of cases:
- First party no-fault benefits cases against a motorist’s insurance company
- Third party negligence lawsuits against the person or entity that caused the accident.
Auto repair negligence lawsuits fall into this second category. That means before your car accident lawyer can file a complaint you must have suffered a threshold injury:
- Serious impairment of body function.
What an Auto Repair Negligence Action Looks Like
Once that threshold is met, your lawyer will have to prove that something the auto repair facility did, or didn’t do, directly resulted in the crash. Here is an example:
Joe was driving his vehicle when his brake warning light came on. He took the car to a local brake shop and had the pads and shoes replaced. What Joe didn’t know was that the brake mechanic got distracted and didn’t fully tighten the bolts on the right front brake assembly.
One week later, Joe was driving into the city when the bolts came loose and the brake assembly slipped out of position. When he tried to brake for a red light, the right brakes failed and he spun into the intersection, striking an oncoming vehicle and severing his spinal cord.
This is a strong example of auto repair negligence because:
- The accident happened close to the time of the repair
- The failed part is the same as the part repaired
- The accident resulted in serious injury
- Nothing suggests Joe was also at fault for the crash
Proving Auto Repair Negligence
Mechanics aren’t likely to admit their mistakes easily. If you believe auto repair negligence was responsible for your crash, you and your auto accident attorney will need to work hard to prove negligence. This may require vehicle inspections, expert witnesses, or accident reconstruction to explain what happened and why.
Auto Repair Negligence Damages
Even with all those obstacles, an auto repair negligence action can be worthwhile. Successful plaintiffs can receive awards for:
- Repairing or replacing the vehicle
- Long-term disability, replacement services, and attendant care
- Loss of support and companionship
- Pain and Suffering.
Winning an auto repair negligence action is hard work, but it can make a big difference. If you think a faulty repair caused your serious car crash, contact the Detroit car accident lawyers at Christensen Law today for a free consultation.