If you have been injured in a car accident and the recent faulty work of a mechanic was the cause, you may be able to sue for negligence. Negligence is defined as an act or omission that causes harm to someone else, either by action or inaction, when there is a duty owed to another person. If it can be proven that the mechanic acted negligently and that this negligence was responsible for your car accident injuries, you may be able to pursue legal action.
The Chicago car accident lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers have extensive experience in representing victims of car accidents who have been injured due to another party’s negligence. Our attorneys will work with you to evaluate the details of your case and determine if pursuing a negligence claim is the appropriate course of action. We understand how devastating car accidents can be, and we are dedicated to helping you recover the compensation you may be entitled to for any medical expenses, lost wages, emotional distress, and other damages related to your accident.
In this Article
Examples of a Mechanic’s Negligence
In order to prove negligence and bring a successful claim against the mechanic or auto repair shop, you will need to provide evidence that proves their negligence resulted in your car accident. A successful claim will need to demonstrate that the faulty automotive repair directly led to an accident where you suffered an injury.
This may include demonstrating any one of the following:
The mechanic failed to use reasonable care while performing repairs or maintenance on your vehicle.
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.
How to Get Help When You’ve Been Injured
If you have been involved in a car accident due to a mechanic’s negligence, the attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers are here to help you. We are experienced handling claims against auto repair shops and other service providers and can assess your case and advise you on the legal options available to you. Contact us today for a free consultation.
Examples When an Accident is NOT Caused by a Mechanic’s Negligence
It is important to note that not all car accidents related to work in a car repair shop are caused by a mechanic’s negligence. If the accident is deemed to have been caused by your own fault, it would be difficult to prove that the accident was due to a mechanic’s negligence. Also, if the issue occurs a long time after the repairs were made, it will be difficult to prove that the mechanic shops’ repairs were responsible for causing the accident.
Examples of when an accident may not be considered to be caused by a mechanic’s negligence include:
You were speeding, or driving recklessly.
You were inebriated or impaired at the time of the accident.
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.
If you have been injured in an auto accident, contact our experienced Chicago car accident lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers today for a free consultation. Our attorneys will provide you with honest advice and help you explore all legal options available to you. We are dedicated to helping accident victims get the justice and compensation they deserve.
Small Claims Court vs. Personal Injury Claims
If you are considering bringing a lawsuit against the mechanic or auto repair shop responsible for your accident, you may be wondering whether you should be filing a personal injury claim or a small claim. Personal injury claims are meant to seek compensation for injuries caused to you 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, such as failure to perform repair work according to the agreement or a mechanic shop making unauthorized repairs. In this case, Illinois consumer protection laws may also come into play and you can make a complaint online with the Office of the Illinois Attorney General.
But, if you’ve been seriously injured in a car accident caused by faulty repairs, you’ll want to speak with a personal injury lawyer to discuss your case.
Getting Compensation for Your Injuries
To recover damages on your behalf, your lawyer will need to prove certain criteria in your case. If those criteria are met, then the mechanic may be held liable for your accident and injuries. There are four circumstances that must be true for you to successfully sue a mechanic for negligence. They include:
Duty of Care
First, you will need to prove that the mechanic owed you a duty of care to be kept safe. According to the Legal Information Institute (LII), this means that they owed you a degree of care expected of a reasonable person in the same situation.
Breach of Duty
Next, you will need to prove that the mechanic failed to meet this duty of care through an act or omission.
Then, you will need to show that this negligence caused your accident; however, your role in the accident may not bar you from seeking damages. According to 735 ILCS 5/2-1116, you can still recover damages as long as you can show that the party you are suing was more than 50 percent at fault for your accident.
Finally, you will need to demonstrate that the accident resulted in injuries and losses for which you can be compensated. This means you will need to present evidence of the impact your injuries have had on your finances, your health, and your happiness.
How Can a Mechanic be Negligent?
If the mechanic failed to perform their job to the reasonable standard of their peers, then they may have been negligent. Negligence can include things like installing the wrong part, improperly installing a part, removing a necessary part, and knowingly installing a faulty or damaged part.
Even if other parties contributed to your accident or if you were partially at fault, you could still hold the mechanic accountable for their negligence. Illinois follows a doctrine of comparative negligence, which means that the court will divide up fault based on the percentage of blame each party holds.
The amount you can recover may be impacted by the amount of fault you hold for causing the accident, so it is important to find a lawyer you can trust to thoroughly investigate your case.
Who Else May be Liable?
In addition to negligent car mechanics, other parties may be held liable for your car accident. For instance, you can also seek damages from the manufacturer of a defective part if it was installed in your vehicle during automotive repairs and caused the accident.
You may also have a claim against other drivers involved in the collision or their insurance companies.
No matter who is liable for your injuries in a car accident, it is important to seek legal help right away. Having a skilled car accident lawyer on your side will ensure that you get the justice and compensation you deserve. Contact us today for a free consultation to discuss your case.
Who Can You Sue?
Depending on the cause of your accident, you could hold multiple parties accountable for your losses. Those parties include:
The mechanic whose faulty work caused or contributed to your accident
The auto repair shop that employs the mechanic
A parts manufacturer if the mechanic unknowingly installed a faulty component
The other driver involved in your accident and/or their insurance company
The Kryder Law Group, LLC Accident and Injury Lawyers can help you pursue a claim against any of these parties. Our law firm will work with you to build a strong case that demonstrates the party’s negligence and your damages so you get the compensation you deserve. Contact us today for a free consultation to discuss your accident.