March 28, 2023
Could An Automotive Technician Be Held Responsible For A Car Crash?

Automotive technicians have a standard of care and they owe that to their customers. Failure to uphold this standard that results in a crash could mean the technician could be held liable for any injuries, property damage, and other losses caused by their negligence. There are several mechanical failures that commonly result in car crashes. Many of these happen as a result of a technician’s negligence including improper diagnosis, repairs never performed (fraudulent repair), installing faulty parts, or performing unsafe repairs.

Common mechanical failures include:

Brake malfunctions may include more than just a loss of braking power.

Worn brake pads and discs: Failure to repair and replace worn brake pads and discs can decrease braking performance, causing the vehicle to take longer to stop completely.

Faulty or worn brake lines: Brake lines in need of repair can leak brake fluid, significantly affecting a driver’s brake ability.

Malfunctioning anti-lock braking systems (ABS):  ABS systems are designed to prevent skidding caused by the brakes locking up. When it fails, a vehicle can skid and cause a driver to lose control.

Tire malfunctions caused by a mechanic often occur due to the following:

Improper tire repair or wall punctures

Failing to replace or properly torque the Lug Nuts after removing and replacing one of the vehicles wheels

Tire design flaws (there may be manufacturer liability as well)

Inadequate tire suitability to the vehicle

Poor retread post-purchase

Tire damage during the mounting process

Manufacturing defects prior to purchase

Any of these negligent errors or defects can lead to a crash—for example, if an improper tire repair causes a blowout, a driver can unexpectedly lose control.

Issues with steering, suspension, transmission, and other engine-related problems can also lead to crashes. For instance, if the transmission goes out or the engine suddenly loses power, then the vehicle will not move. Holding an automotive technician responsible for negligence resulting in a car cash requires proof.

Duty of Care: The defendant (at-fault party) owed the plaintiff (victim) a duty of care and failed to perform work in a manner that another reasonable technician would do in a similar situation. Proving a duty of care may require a bill or receipt showing you went to the technician for repairs.

Breach of Duty: The defendant fell below the standard of care and failed to act in a similar manner another reasonable technician would act in a similar situation. An example might be a failure to diagnose and fix an issue with the engine that another technician with the same or similar training and background could have reasonably been expected to have diagnosed.

Causation: The defendant’s actions directly led to the plaintiff’s harm. In other words, it’s unlikely an injury would have happened were it not for the defendant’s behavior.

Damages: You the plaintiff suffered damages as a result of the defendant’s negligence. You must have suffered losses for which you require reimbursement for you to have a claim. For instance, medical bills, lost income, pain and suffering, etc.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!

 

 

 

 

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INSURANCE COMPANIES KNOW US BECAUSE THEY’VE PAID OUR CLIENTS OVER $130 MILLION DOLLARS.

$2.9

MILLION

CAR ACCIDENT INJURY

Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012

$300

THOUSAND

HAIR SALON INJURY

Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.

$500

THOUSAND

SLIP & FALL INJURY

Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.

$300

THOUSAND

NEGLIGENCE INJURY

On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.

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