If you were hurt in a car accident due to faulty or neglected vehicle maintenance, you may have legal options to file a claim or lawsuit and demand compensation from the maintenance worker or company that last worked on your vehicle. Maintenance workers and companies can be liable for negligence if there was a reasonable opportunity to spot and repair defects in a vehicle.
Whether poor maintenance or the lack thereof caused your car accident, you could have grounds to sue for compensation if you suffered injuries. A personal injury lawyer from our law firm can represent your case and help you fight to hold the appropriate party or parties accountable for your damages. We offer to give you a free case review to go over your legal options.
Maintenance Companies Can Be Held Liable for Automobile Accidents
Maintenance workers and companies may be held liable for negligence because they get paid to provide adequate service to their customers. How a maintenance worker handles a customer’s property (e.g., a vehicle) must ensure it remains safe to use. The following examples show how maintenance companies can be held liable for professional negligence:
- Failing to detect defects or issues in the vehicle when they could have been found with proper inspection
- Failing to repair defects or issues found in the vehicle
- Improperly repairing the vehicle, which may cause new problems to occur
- Failing to put parts of the vehicle back after taking them out
- Committing fraudulent maintenance (e.g., claiming you made repairs when you didn’t)
- Tampering with the vehicle to have the customer come back for additional maintenance
However, while maintenance companies can be held liable for damages, you, as the plaintiff, have the burden of proof when building your case. This means you must establish four key points to claim the defendant (i.e., the maintenance worker or company) was negligent. These elements are:
- Duty of care: This establishes that the maintenance worker or company had a duty to perform adequate and safe maintenance on your vehicle when you brought it in for service.
- Breach of duty of care: This point establishes that the maintenance worker breached their duty in some way, whether it involved failing to provide maintenance or doing poor maintenance on your vehicle. For example, you ask the mechanic to change your oil and check your car’s brakes because you think they might be old. However, the mechanic forgets to check the brakes and only changes the oil.
- Causation: This point connects the maintenance worker’s or company’s actions or inactions to the cause of the car accident that led to your injuries. To continue our example, since the mechanic didn’t inspect the brakes in your vehicle, they also didn’t replace them. Your vehicle still has the old brakes, so you end up rear-ending another vehicle because you couldn’t stop in time.
- Damages: This point lists all the damages you experienced from the car accident. These damages can include financial, mental, physical, and emotional losses.
If you hire a car accident attorney from our firm to represent you, they can build this argument on your behalf. Our team will investigate your accident to confirm key information about it and then collect evidence to support your claims.
Comparative Negligence Laws May Affect Your Case in Some States
Some states may abide by a comparative negligence rule, meaning if the plaintiff is found partially at fault for the accident that caused their injuries, they can still receive compensation but at a portion that reflects their percentage of fault.
Comparative negligence rules can also vary by state. For example, in Texas, the Texas Civil Practice and Remedies Code § 33.001 states that plaintiffs must be less than 51 percent at fault to collect compensation for their damages.
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You May Qualify to Demand Compensation for Your Car Accident Damages
If you suffered injury in a car accident due to faulty or neglected vehicle maintenance, you may qualify to pursue compensation for the following types of damages:
- Medical expenses
- Pain and suffering
- Property damage, such as vehicle repair expenses
- Refund on vehicle repair services you paid for if the maintenance led to your accident
- Current and future lost income
- Emotional distress
- Permanent disability
- Diminished quality of life
If you lost a loved one in a vehicle accident potentially caused by poor or lack of maintenance, you may qualify to file a wrongful death claim or lawsuit on their behalf. Wrongful death cases allow you to pursue additional damages, such as funeral expenses and loss of consortium.
Our law firm understands each case we take on is unique and deeply personal. So, we will be thorough when assessing your damages so that we may pursue compensation that fairly covers your losses.
You Can Hire a Personal Injury Lawyer to Build Your Car Accident Case
If you work with a personal injury lawyer from our firm, you can expect the following services:
- Private investigation into your vehicle accident, including confirming whether the maintenance worker or company that last worked on your vehicle could be held liable for damages
- Evidence collecting to support the claims you make in your case
- Legal paperwork services, which include submitting your case within the statute of limitations written in Texas Civil Practice and Remedies Code § 16.003 if you live in Texas
- Representation during all communications, including talks with insurance adjusters, defense attorneys, and court officials
- Representation during litigation, including negotiation meetings to potentially work out a settlement deal
Our legal team will give you case updates as they come, but you are free to call our firm whenever you have questions or concerns about your case.
877-239-4878Available 24/7 | 356 Days | se habla español
Call Loncar Lyon Jenkins to Get a Free Case Review Today
If you were hurt in a car accident due to faulty or neglected vehicle maintenance, you may have grounds to sue the maintenance company that last worked on your vehicle. A personal injury lawyer from Loncar Lyon Jenkins can look into your case and identify who could be liable for your injuries and damages.
You may have options to pursue compensation, so feel free to call our law firm for a free case review. Our attorneys work on a contingency fee basis, so you won’t have to pay attorney’s fees unless we win your case. Don’t hesitate to start your legal journey today.