Most automobile collisions are caused by drivers who are reckless, speeding, negligent, or intoxicated. If you’re injured by one of these drivers in the State of Texas, you’re entitled to compensation, and you should speak to a San Antonio car accident attorney about recovering that compensation.
But what if a negligent or improperly trained mechanic did faulty repair work on your vehicle, and that’s the reason why you’ve been injured? After a negligent mechanic works on your vehicle, you could be involved in a serious accident because your vehicle doesn’t brake or steer properly.
What is your recourse in this situation? How do you demonstrate that an auto mechanic was negligent? If you’ll keep reading, you’ll learn the answer – and you’ll also learn more about your rights and options if you’ve been injured because an automobile mechanic was negligent.
What Are the Legal Elements of Negligence?
To prove that someone else’s negligence is the direct cause of your personal injury, your personal injury lawyer in San Antonio must prove these three “elements” of your personal injury claim:
- The defendant (the party you are alleging was negligent) owed a legal duty of care to the plaintiff (the injury victim). What is a duty of care? When you drive, for example, you owe others on the road a duty of care to drive legally and cautiously. A mechanic’s duty of care is to ensure that his or her work will not cause anyone to be injured.
- Your attorney must prove that the defendant breached the duty of care through negligent action (or negligent inaction).
- Finally, your attorney must present the evidence that your injuries are the direct result of the defendant’s negligence.
How Do You Demonstrate a Mechanic’s Negligence?
Always keep repair receipts and parts receipts. If you can’t show that a specific repair shop or mechanic did repair work on your car, you don’t have a case. Your car accident lawyer may reach out to an expert witness – an experienced and certified mechanic – for a statement or courtroom testimony to explain how the repairs went wrong.
Mechanics have the duty to warn you about issues with your automobile. If a mechanic tells you that your brakes need to be repaired, and if you choose not to have the repair done, any accident subsequently caused by the faulty brakes will be your own fault, and you could become the defendant on the wrong end of a property damage or personal injury claim.
What Steps Should You Take After a Car Accident?
If you are involved in an auto accident in the San Antonio area because of a negligent auto repair or for any other reason, take the following steps at once. No attorney will be at the accident scene to offer advice, so here is what you’ll need to do:
- Call for medical assistance and the police at once.
- Obtain the other driver’s insurance and personal contact details.
- Take photos of the scene and the vehicles, and try to get the names of any witnesses.
If you are injured in any San Antonio-area auto accident, arrange at once to discuss your right to compensation and your legal options with San Antonio car accident attorney Matthew S. Norris. Your first legal consultation at the Law Office of Matthew S. Norris is offered at no charge and with no obligation. Call 210-549-7633 to learn more – or to begin the personal injury process.