Various factors can cause motor vehicle collisions, including automobile defects that arise due to negligence by auto repair shops. Since repair shops and mechanics owe their customers a duty of care to correctly maintain or repair vehicles, if improper maintenance or repairs lead to a collision and injuries, auto accident victims might be able to sue a mechanic for negligence. If involved in a motor vehicle accident caused by negligent mechanics, contact Friedman & Bresaw, PLLC at (603) 707-4800 to book a preliminary consultation with a Meredith auto accident attorney.
Can You Sue a Mechanic in New Hampshire?
In New Hampshire, it is possible to take legal action against a mechanic in several scenarios, such as in the event of fraud, inaccurate repair quotes, and warranty breaches. Alongside this, motorists can sue mechanic shops if they conducted repairs negligently, and this led to a collision and injuries. However, whether an auto repair shop acted negligently depends on the actions that another reasonable mechanic would have taken in similar circumstances.
What Repair and Maintenance Failures Cause Auto Accidents?
Carrying out unsafe repairs, not properly replacing or repairing damaged components, installing substandard or incorrect parts, failing to comply with industry standard inspection requirements, failing to recognize recalls of defective parts, or being aware of them but not following manufacturer’s instructions, and disabling vehicle parts during repairs, such as warning systems and airbags, and not re-enabling them afterward can all lead to motor vehicle collisions. Here are some other examples of maintenance and repair issues that can cause auto accidents.
Tire Issues
Motor vehicle repair workers must make sure vehicles have the proper tires installed, with the correct tread, and without wear. Furthermore, tires should be properly secured and balanced. Faulty tires may cause a loss of traction and braking difficulties, which can have deadly consequences.
Brake Failure
Another common and preventable failure relates to brakes. Worn brake pads and discs, alongside malfunctioning brake systems and damaged brake lines, can lead to rear-end and other motor vehicle collisions due to a lack of vehicle control and drivers being unable to safely stop their vehicles.
Suspension Systems and Steering
Damaged suspension systems and non-responsive steering can cause accidents, leading to serious injuries and even fatalities. As such, mechanics should address these concerns during annual inspections and when vehicle owners notice problems with these components.
Windshield Wipers
Windshield wipers ensure driver visibility during adverse weather conditions, such as snow and rain. Since visibility is vital for road safety, mechanics have a duty to make sure they work properly and replace damaged/worn wipers.
Lights and Signals
For drivers to be able to see in low-light conditions and signal to other motorists, they require working turn signals, taillights, and headlights. Auto repair shops should, therefore, replace these when they become worn or damaged and check electrical systems during a service.
Understand whether those involved in auto accidents can sue a mechanic for negligence by contacting a seasoned Meredith, Laconia, Belknap County personal injury attorney. Call the law offices of Friedman & Bresaw, PLLC today to schedule an initial meeting.
How Do I File a Complaint Against an Auto Repair Shop in New Hampshire?
Motorists involved in motor vehicle accidents caused by defective vehicle repairs might have to file a lawsuit to resolve the issue and recover damages, based on negligence, defined by the Legal Information Institute as a legal theory where someone commits an act that a reasonable person would not commit or fails to act where a reasonable individual would, enabling vehicle owners to recover financial losses from mechanics who conduct careless repairs. Mechanics and repair shops have an obligation to preserve public safety by carrying out proper repairs, and since inadequate maintenance and repairs endanger not only drivers and passengers of unsafe vehicles, but also other road users, this can give rise to legal claims. Importantly, those looking to file a lawsuit against an auto repair shop should do so promptly, due to the statute of limitations, which prohibits plaintiffs from recovering damages after a certain period; per N.H. Rev. Stat. §508:4(I), there is a deadline of three years to file a personal injury claim in New Hampshire.
To file a complaint against an auto repair shop post-accident, start by contacting an experienced New Hampshire auto accident lawyer to check whether a claim is possible. Gathering evidence is also key, which means collating receipts of repairs, as well as documents detailing the work completed and the mechanic who carried out the work, and highlighting recent maintenance and repairs to the police during their investigations, so that it features on the accident report. In addition, gather photos/videos of repairs and the accident scene, and consider utilizing a filing system and/or cloud storage solutions to keep everything organized.
Proving Auto Repair Shop Negligence
To recover compensation for auto accidents arising due to auto repair shop negligence, it is necessary to prove that a mechanic’s reckless or negligent actions led to the victim sustaining damages. That said, this can be challenging, since repair shops are likely not to accept responsibility and blame other parties or events, such as driving errors, adverse weather, and road conditions. Victims can achieve this by collating evidence and establishing the following facts:
- Duty of care: During annual inspections, when vehicle owners have concerns about vehicle performance, and during routine maintenance, mechanics have a duty to check, maintain, and repair vehicles per state, federal, and industry standards for that particular type of vehicle.
- Breached duty: The mechanic’s actions violated the duty of care owed to the customer.
- Causation: The mechanic’s negligence led to the victim sustaining injuries and other losses. For instance, the auto repair shop failed to address a vehicle’s faulty brakes, resulting in a rear-end accident.
- Damages: The victim’s injuries resulted in damages that the driver can recover from the auto repair shop.
Understanding the criteria for negligence can help an injured victim build a compensation case.
Compensation for Defective Repair Lawsuits
If an auto accident victim can obtain evidence proving their accident occurred due to other parties, such as a mechanic/auto repair shop, they might be able to secure financial compensation for their injuries. Depending on the circumstances of the case, these damages may include medical expenses, current and future lost benefits and earnings, pain and suffering, vehicle damage, and lost enjoyment of life.
Call a New Hampshire Personal Injury Attorney Today
To recover damages from a repair shop, auto accident victims must demonstrate that a mechanic’s negligence contributed to the collision, and this is where a New Hampshire personal injury lawyer can help. Friedman & Bresaw, PLLC can assist with gathering evidence, consulting with auto accident reconstruction professionals, utilizing accident photos and video footage, collating witness statements, and building a case to recover victims’ financial losses. Call our firm today at (603) 707-4800 to learn more about whether a victim can sue a mechanic for negligence, and arrange a confidential discussion with an experienced Plymouth, New Hampshire personal injury attorney.
