Can I Sue a Mechanic or Auto Repair Shop for Negligence in OKC?

When something is wrong with your vehicle, you take it to your auto mechanic or repair shop as quickly as possible. You depend on the

m to inspect your vehicle, determine what is wrong, and fix it in a timely manner.

However, if the auto mechanic or repair shop makes a mistake or fails to repair your vehicle properly, you may suffer a severe car accident due to their negligence. If you ever find yourself in this type of situation, there is a possibility that you may be able to file a personal injury claim against the mechanic or auto repa

ir shop and hold them accountable for their harmful actions.

What types of maintenance failures or negligence by auto repair shops can cause accidents?

There are different ways that a mechanic or repair shop can be considered negligent, including:

Failure to properly inspect the vehicle

While Oklahoma does not require a mandatory annual state vehicle safety inspection, many proactive vehicle owners choose to have their vehicles inspected annually to ensure they are in good working order.

However, if an auto mechanic does not inform you that your tires are damaged, your engine needs replacement, or that you need new brakes, they could be considered negligent and held liable for any accidents that occur due to these issues.

Car mechanics in Oklahoma generally have a duty to perform agreed-upon services with reasonable care consistent with industry standards.

Making mistakes or errors

Mechanics are humans like everyone else. Therefore, they are known to make mistakes and errors from time to time. However, they should re-check their work and ensure that any mistakes or errors they made are fixed. They should fix your car according to acceptable industry standards for the type of car you ha

ve.

Negligence may also include failing to fix/replace any nonworking parts, failing to re-enable parts that were disabled during the repair process, and otherwise making unsafe repairs.

Creating worse mechanical issues

If you take your vehicle to an auto repair shop or mechanic for repairs and they purposefully or accidentally break other parts or create worse mechanical issues, they could be held liable for any accidents that result from this negligence. It is a mechanic’s duty to repair broken parts. However, if they break any other parts in the process, they should fix them before allowing you behind the wheel of the vehicle.

Violations of consumer protection laws

You may also have the right to hold a car mechanic or an auto shop accountable if they violated any federal or Oklahoma consumer protection laws, if the violation is the cause of your accident.

What types of negligent car repairs cause car accidents?

Virtually every part of a car that isn’t repaired properly can cause an accident. Some of the more common problems that auto repair shops should fix properly include:

• The tires should be correct for the make and model of the car, have the proper tread level, be properly balanced, and properly secured. Poor tires can cause blowouts and cause a driver to lose control.
• Bad brakes can make it hard for drivers to brake in time to prevent a rear-end accident or prevent other emergencies. Bad brakes includefaulty brake lines, worn discs, and ABS failures.
• Steering and suspension systems. These parts must function properly when drivers change lanes, turn, or operate the vehicle.
• Windshield wipers. While not a large part, drivers need workable wipers when it rains or snows.
• The taillights, headlights, and turn signals need to work properly. Worn bulbs need replacement. The electrical connections need examination.

Failure to repair the vehicle at all

When you take your vehicle to an auto shop or mechanic, you trust and rely on them to make necessary repairs so you can get it back on the roadway. However, if a mechanic or auto shop never performed the necessary repairs but stated that they did, this may constitute fraud, breach of contract, or a violation of the Oklahoma Consumer Protection Act, in addition to potential negligence.

If you are involved in a car accident after believing that your vehicle was repaired when it actually was not, there is a strong possibility that you c

an hold the auto shop or mechanic liable for their negligence. You may have the right to seek punitive damages in Oklahoma if you can prove reckless disregard or intentional conduct with malice, as defined under Oklahoma law.

What are the requirements for filing a personal injury claim against a car mechanic or repair shop in Oklahoma City?

To file a car accident claim against an auto mechanic or repair shop for negligence in Oklahoma City, you must be able to successfully prove that the mechanic or repair shop acted negligently. Our Oklahoma City car accident lawyers will work to show that the auto mechanic or repair shop’s negligence led to your accident and injuries by proving these four important elements:

• A duty of care. We work to show that the mechanic or repair shop owed you a duty of care. Generally, the agreement to inspect, maintain, or fix your car is sufficient to show that there was a duty of care. Car owners may have an agreement for yearly or routine inspections. They may also bring in their car when the owner has any concerns about the car’s performance.
• Breach of duty. We work to prove that the mechanic or repair shop breached their duty of care. We often show this breach by workingwith other mechanics who can use car repair industry standards to show what mistakes the car mechanic made, such as failing to use the correct parts, failing to use the correct repair methods, or other breaches. Car mechanics may breach their duty by failing to follow accepted industry standards or applicable safety regulations where they apply.
• We need to show that the breach of the duty of care was the proximate cause of your accident. For example, the failure to properly inflate the tires caused you to lose control of your car.
• You have damages. Our personal injury lawyers show that an accident victim has medical bills, lost income, pain and suffering, car damage, and other financial and personal damages.

Who may be liable for an accident in addition to an auto repair shop?

When an accident happens shortly after taking your vehicle to an auto shop or mechanic, it is easy to assume that the mechanic or auto shop is solely responsible for any accidents that happen. At Cunningham & Mears, we work with investigators, traffic reconstruction experts, and car product safety expert

s to determine the cause of your accident and who is responsible.

We also review the relevant contracts, invoices, repair records, parts that were used, diagnostic reports, and other evidence.

Driver negligence

Other defendants may include another driver or the employer of a negligent driver.

Product liability claims

There are different ways to hold manufacturers and auto repair shops liable if a car part fails to work:

• Strict liability. Sometimes, car mechanics and repair shops use various auto parts (such as tires, brakes, windshield wipers, or other car parts) that are defective. Our Oklahoma City car accident lawyers file strict liability claims against manufacturers if their car part was defective and the defect is the cause of an accident that causes your injuries. Car product experts can help show that a car part was defective due to improper design, improper workmanship, improper instructions, or the failure to provide proper warnings.
• Breach of warranty. Product liability claims may also include claims against the manufacturer or the car repair shop for the breach of an express or implied warranty.
• Manufacturers or auto repair shops may also be liable for product defects due to their own negligence.

We also review if a car part that caused your accident was subject to a recall by the manufacturer or a governmental agency, such as the National Highway Traffic Safety Administration.

Dram shop liability

A tavern may be liable if it sold alcohol to a patron who was visibly intoxicated or a minor, if that patron caused an accident due to their intoxication.

Contact Cunningham & Mears

At Cunningham & Mears, our Oklahoma City car accident attorneys are dedicated to helping accident victims injured by another party’s negligence. Whether your accident was caused by another driver, an auto mechanic, a repair shop, a manufacturer, or anyone else, we understand how the claims process works. We can work to negotiate settlements. When necessary, we can be ready to try your case before a judge and jury.

Please call our office or submit our contact form to schedule a free case review. We look forward to speaking with you soon!