When the Mechanic Messes Up  

Who’s Liable?

When mechanics mess up, there can be serious ramifications. In some cases, it may mean that there will be even more damage done to your car. For example, if you take your car in and your mechanic assures you that there’s nothing wrong with your brakes—they’re just loud. But it turns out that your brake pads are completely worn out, you may cause even more damage to your car. In other cases, however, mechanics can mess up and cause fatal injuries. If their failure to repair a car properly makes the car dangerous to drive, an accident may occur that can cause significant, life-altering injuries.

Employer vs Mechanic

Employers are almost always liable for what their employees do. This is known as the legal doctrine of Respondeant Superior—meaning, “let the higher ups answer.” So, if a mechanic repairs your car in a way that makes your car more dangerous to drive, there’s a good chance that the autobody shop employing the mechanic would also be liable for the damages in addition to the mechanic himself (or herself). A lot of people feel apprehensive about bringing a claim against a person because they’re concerned about bankrupting a person for what was likely an accident. But when it comes to injuries that were sustained while the negligent party was doing their job, the employer’s insurance will cover both the employer and the employee. Most businesses, especially large corporations, have insurance policies for just this type of thing.

Negligent Employers

In addition to Respondeat Superior, you may have a separate claim for negligence against the Employer. Employers are responsible for ensuring that their employees have adequate training, supervision, experience, and education to do the job that they’re hired to do. Employers are also obligated to conduct any background checks that would be necessary for making decisions about the person’s eligibility to complete the job they’ve applied for. Lastly, employers generally have an obligation to ensure that employees are following protocol when carrying out their jobs. If an employer’s failure to fulfill any of these obligations that led to the mechanic’s failure that caused injury, the employer could be liable under this separate cause of action for their own negligence. In these cases, filing a claim helps hold these businesses accountable and incentivizes them to do better in the future.

Is It Really the Mechanic?

When it comes to vehicle failure causing an accident, the mechanic is the obvious place people would look to if they got in an accident right after they got their car out of the shop. However, there is still a chance that the accident wasn’t caused by something the mechanic did. In some cases, the accident may have been caused by the way the car was designed, or it could have been caused by defects in the manufacturing process. In some cases, the accident may have been caused by a faulty part installed by the mechanic. Sometimes car parts themselves can have manufacturing defects that can cause a car to malfunction and even become dangerous to drive. These are separate product liability claims and, in many states, have a shorter statute of limitation than negligence, so it’s important to investigate all potential causes from the outset of your claim.

Read the Reviews

When you’re taking your car in, it’s important to make sure that you read take measures to protect yourself from mechanics who might mess up your car—after all these mistakes can be fatal, and though someone else will be liable, you almost certainly will not want the injuries associated with their mistake. Reading the reviews of a mechanic before you take your car in is a great way to make sure you’re not taking your car to someone who doesn’t know what they’re talking about. Sure, you may have to get through a lot of reviews complaining about wait times. But you will want to make sure there aren’t any reviews complaining about mechanics who made a car dangerous to drive.

If You See Something, Say Something

If your car is making noise, or driving in a way that’s unusual, you may want to get a second opinion—even if one mechanic has told you that there’s nothing wrong with the car. This is especially important if you notice that there’s something different about the way your car is driving before you even get out of the mechanic’s parking lot. Mistakes do happen, and though they may be the mechanic’s fault, you don’t want to ignore them and then suffer injury because you ignored the warning signs. If your car starts acting funny after a trip to the mechanic, make sure you get it looked at. If you have questions regarding your personal injury claim, contact Moxie Law Group today for a free consultation.