Most car crashes in California are the result of one or more driver's negligence, but sometimes accidents are caused by mechanical malfunctions such as failed brakes, defective tires, defective accelerators, or broken seatbelts. Sometimes a driver is responsible for a mechanical failure because he or she ignored warning signs that a malfunction would occur, such as the altered feel of driving on tires with insufficient air, or a screeching sound that indicated brake pads were wearing thin. In some cases, the failure is the result of a negligent repair shop. In California, auto repair shops must be registered with the Bureau of Automotive Repair. If they perform an inspection of a car or repair negligently, they can be held responsible for accident damages. At Sharifi Firm, APC, our Los Angeles car accident lawyers can work with knowledgeable experts to examine the cause of a car accident, and when appropriate, sue the responsible parties for mechanical malfunctions.Liability for Mechanical Malfunctions in California
Mechanical malfunctions can cause an accident in which only the driver of the vehicle is hurt, or they may result in an accidents causing injuries to others on the road. One of the biggest issues in a mechanical malfunction case is who should be held responsible for the accident. It could be the driver of the malfunctioning vehicle, whoever last repaired it, or the company that manufactured a malfunctioning part.
If you are trying to hold a driver or an auto repair shop responsible for a mechanical malfunction that results in injuries, your attorney will need to establish: (1) the duty of the defendant towards you, (2) breach of that duty, (3) actual and proximate causation and (4) damages. Drivers owe a duty to all other drivers on the road. California law establishes a duty on the part of anyone performing a dangerous task to use reasonable care. Similarly, an auto repair shop owes a customer a duty to perform an inspect or conduct a repair using reasonable care.
A claim against a repair shop could arise from a repair shop's failure to notice major repairs that were necessary or the repair shop's installation of an inappropriate part. It is often important to retain an expert that can look at whether it is appropriate to sue a repair shop or manufacturer in connection with a mechanical malfunction. However, in some cases, the mechanical malfunction may have been in a part of the car that the mechanic was not hired to inspect. In that case, there may not have a duty to notice that a mechanical failure was about to occur. With negligent repair cases, the duty may vary depending on the circumstances by which the repair shop was hired.
You should keep any paperwork related to the repair of your car, such as records of complaints, work orders, and repair bills in case of a malfunction. These may be necessary as evidence in your case.Retain an Auto Collision Attorney in Los Angeles
If you are hurt in a motor vehicle crash caused by a mechanical malfunction in or near Los Angeles, the personal injury attorneys at Sharifi Firm, APC can help you sue the responsible parties for compensation. We also represent clients in San Bernardino, Rancho Cucamonga, and Temecula. Call us at 1-866-422-7222 for a free, no-obligation consultation or contact us via our online form.