Car Accident Lawyer Discusses Liability of an Automobile Repair Facility for Collision-Related Injuries
While negligent drivers cause most auto accidents, vehicle malfunctions also can constitute a significant factor in causing a collision. A motorist paying attention to the road, obeying traffic law, and driving defensively can still lose control of a vehicle initiating a crash because of a mechanical issue. Drivers have a legal duty to drive in a reasonably prudent manner so as not to harm others on the road. Although a driver might contend a crash was caused by a mechanical problem, drivers and vehicle owners have a legal responsibility to keep their vehicle in safe operating condition. Among other requirements, vehicle owners and drivers should conduct maintenance checks and have appropriate maintenance performed to ensure their vehicles can be driven safely. If you or a loved one has been injured in a collision caused by a vehicle malfunction, an experienced lawyer can examine the facts to determine your legal right to financial recovery for your medical expenses, pain and suffering, lost wages, vehicle damage, and more.
This article provides a brief overview of the potential liability of a vehicle service center for accident-related injuries caused by faulty maintenance.
..."While negligent drivers cause most auto accidents, vehicle malfunctions also can constitute a significant factor in causing a collision."
A couple of factors must be considered when assessing the liability of a motor vehicle repair business:
Type of Work Performed: Many repair shops perform very specific work, such as transmission, brake, or tire service, so the scope of the services provided by the repair shop must be considered. The fact a company performs works on one system or component of a vehicle does not make it liable for completely unrelated repairs although disputes can arise about the degree of relatedness to a specific repair. If an auto shop were hired to fix a power window button, they would almost certainly not be expected to notice and inform a vehicle owner of brake pads in need of replacement. A service center performing a limited scope of work, such as replacing a tire following a blowout, would not be expected to locate and fix every potential maintenance or mechanical problem. The shop might be expected to identify and warn of potential mechanical safety issues in a reasonable vicinity to the repairs undertaken at the request of the consumer, but the nature of the work can be as important as the location on the vehicle of services performed. For example, the same shop might be liable if the work is related to a state inspection program or certified pre-owned program. In this scenario, the technicians performing work would be expected to inform the customer of any significant vehicle safety issue.
Type of Repair Facility: While a repair facility might have a legal obligation of informing customers and fixing certain types of mechanical problems that constitute safety issues, the range of this duty varies depending on the type of facility. Auto dealers owe the greatest duty of care, so the service department should inform the customer regarding recalls and service bulletins.
If faulty repairs caused you to be involved in a traffic accident, the facility that performed substandard work on your vehicle might be liable, but you should speak with an experienced auto accident attorney in Florida to determine your legal rights.
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Fuentes Berrio Schutt represents injury victims and families of victims tragically killed in an accident throughout Florida. Our attorneys are ready to answer your questions and meet with you about your claim. Call us 24/7 at 954-752-1110 for your free case review and consultation. Nosotros hablamos español.
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