Mechanical failures can cause devastating traffic accidents, leading to serious or even fatal injuries. Although mechanical failures are often caused by drivers who fail to maintain their vehicles, a mechanic can be partially or fully liable for an accident if they breached their duty of care to a client when servicing their vehicle. If your Kentucky car accident was caused by mechanical failure, you need to file a claim to recover the compensation you deserve for damages, such as medical bills, lost wages, pain and suffering, and more. Here’s what you need to know about holding mechanics and auto repair shops responsible for your injuries.
What Percentage of Accidents are Caused by Mechanical Failure?
A car accident caused by mechanical failure is not uncommon. In fact, 2% of all wrecks in the United States are caused by mechanical failure. This may happen as a direct result of a driver failing to maintain their vehicle, but sometimes, a mechanic or an auto repair shop can be at fault. This may be the case if a mechanic or auto repair shop recently worked on your vehicle and you experienced a mechanical failure.
Some common mechanical failures that lead to serious accidents include:
- Steering: Steering systems are made up of many components, and an issue with any one of these parts may cause a serious accident. Mechanical failures involving steering are often the fault of vehicle manufacturers, but a mechanic or auto repair shop could be liable.
- Brakes: Braking problems often cause devastating traffic accidents, especially rear-end collisions. If you have your brakes looked at or serviced by a mechanic and they fail to fix the issue or inform you that the brakes are unsafe, they could be liable.
- Tires: Mechanical issues related to tires are a frequent contributor to car accidents. Drivers need to change their tires regularly, but even well-maintained tires may cause an accident if weather conditions cause them to deflate. If a mechanic installs your new tires improperly, they may be liable.
- Lights: If vehicle lights malfunction suddenly during the night or in poor weather conditions, a driver may wreck due to deficient visibility.
Can a Mechanic Be Held Liable for a Traffic Accident?
In order to recover compensation from a mechanic or auto repair shop, you need to be able to prove that they were negligent.
When proving negligence, you must first establish that the mechanic owed you a duty of care. This means that the mechanic was responsible for doing their due diligence to fix mechanical issues with your car.
That being said, the mechanic is not necessarily responsible for checking every potential mechanical hazard for customers. For example, if you bring your car to a mechanic for an oil change, it’s not their responsibility to make sure your brakes are safe unless you hired them for an inspection.
The next step to proving negligence is establishing that the mechanic breached their duty of care. This means they failed to fix the issue or failed to inform you that the vehicle is unsafe.
After proving that a mechanic breached their duty, you need to prove that their breach of duty directly contributed to or caused your traffic accident.
Finally, you need to prove that you sustained damages as a direct result of the accident. This can be vehicular damages as well as expenses related to personal injuries, such as hospital bills, prescriptions, physical therapy, and other medical costs.
Some examples of a mechanic or auto shop being partially or wholly liable for an accident include:
- Modifying the vehicle illegally
- Failing to disclose an issue during an inspection
- Installing an incorrect part
- Creating new mechanical issues by servicing the vehicle
- Not removing mechanic tools from a vehicle
Comparative Negligence After Mechanical Failure
Although you may be able to prove that a mechanic’s negligence played a role in your traffic accident, these wrecks often involve multiple parties bearing liability. For example, if a mechanic fails to fix your brakes and a driver pulls out in front of you resulting in a rear-end collision, both the other driver and your brakes’ stoppage time likely contributed to the wreck. In this instance, the mechanic could be 30% liable while the other driver is 70%.
Kentucky uses a pure comparative negligence system, which means that a person’s percentage of fault reduces the amount they can recover in compensation. If the other driver who was primarily at fault files a claim against your mechanic, the amount they can recover will be 70% less than if they hadn’t been partially liable. If their damages are worth $10,000, they would only be able to recover $3,000.
Contact a Kentucky Car Accident Lawyer After Mechanical Failures
Proving that a mechanic or auto shop is at fault after an accident can be challenging, but you can greatly increase the likelihood of proving your claim by contacting a Kentucky personal injury attorney. A seasoned legal professional can assist you by helping you gather and present evidence effectively so that you can maximize the amount you can recover in damages.
For expert legal support after a car accident caused by mechanical failure, contact the car accident attorneys at McCoy & Sparks Attorneys at Law. Call our Bardstown office today at 844-459-9467, or you can schedule a free case consultation by clicking here.