Can a Mechanic Be Responsible for a Crash in Charleston, SC?
With car repairs being costly, you may be less than eager to bring your vehicle to the shop the next time you hear a strange sound coming from your engine. While most mechanics are reputable, some do charge for unnecessary repairs to pad their own pockets. In other cases, a mechanic may fail to diagnose a critical issue, leading to a crash.
If poor repair work or a failure to diagnose a critical issue results in an accident, you can hold the mechanic responsible. Filing a negligence suit against a mechanic or auto shop requires showing they acted with less than reasonable care, which requires substantive evidence. If you or a loved one was recently injured because of a mechanic’s oversight, our Charleston auto accident lawyers are available to answer your questions and concerns.
Proving a Mechanic’s or Auto Shop’s Negligence
Negligence is defined as performing a task with less than reasonable care, resulting in harm to another. As it relates to an auto shop or mechanic, you would need to establish the following:
- Duty of care: A mechanic must exercise due diligence when inspecting a vehicle, diagnosing potential issues, and using appropriate parts to complete repairs.
- Breach of duty: A mechanic who fails to diagnose or installs the wrong vehicle parts or defective parts has failed to uphold their standard of care. A mechanic must perform repairs in accordance with industry standards; anything less breaches that duty.
- Causation: The mechanic’s negligence, or the auto shop’s oversight or carelessness, caused you to suffer injuries.
- Damages: As a result of your injuries, you suffered compensable losses in the form of lost earnings, medical expenses, and pain and suffering.
South Carolina Unfair Trade Practices Act
If you have been a victim of negligent car repair in Charleston, you may have legal recourse. If the repair failed to meet industry standards, you may take legal action under the South Carolina Unfair Trade Practices Act (SCUTPA). Successful recovery will depend on proving that the auto shop or mechanic made false or deceptive claims, resulting in a faulty repair or a failure to diagnose critical issues.
Under SCUTPA, you may be eligible to recover damages from your wreck as well as the cost to repair or replace your vehicle. However, South Carolina courts require you to show an impact on the public interest (the likelihood the act will be repeated). This is often the most difficult element to prove, especially for a single customer with a single faulty repair. You have only a limited time to take legal action, since SC Code §39-5-150 allows only three years to file a claim after you discover the act.
Fair Compensation for Victims of Defective Repairs
If you suffered an injury or vehicle damage due to a defective repair, our car accident attorneys will seek compensation for your accident-related losses. This often entails the following:
- Lost earnings
- Loss of future earnings
- Emergency room care
- Surgeries and/or treatments
- Prescription costs
- Physical therapy
- Home modifications
- Pain and suffering
- Infliction of emotional distress
- Permanent disability
Injured? Contact Our Charleston Auto Accident Lawyers
At John Price Law Firm, LLC, we realize that physical injuries can seep into your personal relationships and emotional well-being. That is why we are dedicated to advocating for the full extent of damages you have suffered due to your accident. To learn the true worth of your accident case, contact our Charleston auto accident attorneys today. To schedule your free consultation, contact us online or call (843) 552-6011.