Is There Liability for Accidents Caused by Negligent Repair of a Vehicle?
In the aftermath of a motor vehicle accident, one of the most important tasks is determining the cause of the crash. The allocation of fault determines who is responsible for your losses, and in what amount. If you can establish that someone else acted unreasonably and caused the accident that led to your losses, you can bring legal action against that person based on a legal claim of negligence.
Though the most frequent causes of car, truck, and motorcycle accidents are distracted driving (failing to pay proper attention to the road) and violation of traffic laws (speeding, failing to use due caution, or failing to stop at a light or sign), it’s not uncommon for a collision to be caused by some type of mechanical breakdown. What if the vehicle had been taken in for service just before the accident, and evidence indicates that a mechanical breakdown caused the crash? Suppose, for example, that the motorist who hit you took the car in for a brake job a month before the wreck, and the evidence shows that the brakes failed, causing the crash? Can you sue the mechanic?
Recovering for Personal Injuries Caused by Negligence
In the American civil justice system, a person has the right to seek damages (monetary compensation) from anyone whose carelessness or negligence caused, in whole or in part, any of your losses. You will need to introduce evidence to support the allegations of negligence. Furthermore, the jury must conclude that your allegations are more believable than any arguments the defendant raises.
Can you sue a mechanic for losses suffered in a motor vehicle accident? Absolutely. Gathering the necessary evidence may be challenging or difficult, though. You may need an expert who can testify that mechanical failure caused the accident and that any mechanical problems found in the car were not caused by the accident. And, of course, you must also produce evidence that the mechanic had recently worked on the part of the car (e.g., the brakes) that failed.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you have been hurt in a New Jersey motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.