In the auto repair industry, the prospect of suing a mechanic or repair shop for negligence comes to the forefront when faulty, defective, or incorrect parts/labor leads to vehicle failure and a subsequent accident. Navigating the legal landscape under Indiana law necessitates a deeper understanding of your rights as a consumer and the intricacies involved in holding a mechanic accountable for their negligent actions.
When taking your car in for repairs or servicing, a fundamental expectation exists for mechanics to exercise due diligence and caution. This includes identifying issues that could compromise the safety of a vehicle, which falls within the framework of reasonable care. This underscores the importance of a mechanic not only performing repairs, but also ensuring that the vehicle will function safely once it returns to the road.
From a legal perspective, the crux of these types of personal injury claims lies in establishing liability, which is a task fraught with challenges. Pinpointing whether a mechanic’s work (or lack thereof) directly contributed to a car accident requires an examination of the repairs undertaken and their subsequent impact on the overall outcome of an incident. For example, installing a part not intended for a specific vehicle in an effort to save time or money can open the door to a negligence claim if it can be proven an accident was caused from these actions.
It’s important to remember that Indiana follows a comparative fault system for negligence lawsuits, meaning an auto repair shop can still share some of the blame, even if their faulty work did not fully contribute to an accident. In a modified comparative fault system, the courts consider the degree of fault attributed to each party involved in the lawsuit, including the plaintiff. Indiana specifically adheres to a modified comparative fault rule with a 51% threshold.
Seeking compensation for defective repairs requires enlisting the assistance of an experienced personal injury lawyer, particularly one who specializes in navigating the complexities of negligence claims. These attorneys offer invaluable guidance in gathering evidence, assessing liability, and ultimately building a compelling case against the responsible party.
If you or a loved one have been involved in an auto accident and suspect negligent auto repairs are to blame, contact Hurst Limontes to discuss your options. We have over a century of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.