Most people have a mechanic that they rely on to keep their cars in good shape. Sometimes they only use their mechanic for things like oil changes and tune-ups. But every now and then you need something bigger done, like new brakes or new tires. There’s no reason to think you shouldn’t take your car to the same mechanic. Then, within days or weeks of getting your brakes fixed, you get into an accident. You can’t think of anything that would’ve caused the crash other than faulty brakes. You call your Middletown car accident lawyer right away and tell them what happened.
One of the first things your attorney is going to need to do is find out what really caused the crash. If you really think it was your brakes, you’ll need an expert to take a look. Your Middletown car accident lawyer can have someone they’ve used in the past examine your vehicle. They’ll look to see if the brakes had anything to do with the accident. If so, you may have a viable claim against your mechanic.
Were You Involved in a Motor Vehicle Accident?
It’s not enough to notice that there’s something wrong with your brakes. Just because you “could have” gotten into an accident doesn’t mean you can sue. No Middletown car accident lawyer will sue someone for something that almost happened. Unless you suffer an actual injury, you don’t sue somebody in court. That doesn’t mean you won’t go back to your mechanic and ask them to fix whatever defect you see in your brakes. You don’t need an attorney to do this. They could send a demand letter on your behalf, but this is not the same thing as filing suit. In fact, most Middletown car accident lawyers don’t handle this sort of thing on a contingency basis. There are no damages for them to take a percentage of.
Your Middletown Car Accident Lawyer Has to Be Able to Prove Damages
In order to file suit against your mechanic (or anybody) you need to be able to prove damages. If you weren’t in a car accident at all, there’s no question. You won’t sue. However, if you get into a crash and honestly believe the brakes were faulty, your Middletown car accident lawyer can review the claim and decide if they want to handle the case. One thing this will depend on is whether you suffered damages.
Some of the typical damages an attorney would demand in a car accident lawsuit include:
- Medical bills
- Future medical care
- Property damage
- Lost wages and lost future income
- Pain and suffering
In order to get any of these things, your attorney must prove them. For example, in order to get paid for lost wages, you must prove that you missed time from work. You can do these using timesheets, payroll records, or even tax returns if need be.
You’ll Also Have to Prove the Bad Brakes Caused the Crash
Even if you suffered damages, you need to demonstrate that the brakes caused your accident. If you were in a rear-end accident, it could be due to the fact that your brake lights weren’t working. In that case, you may have a claim against the mechanic. The same principle would apply if you crashed into your garage because the brakes failed. In these situations, there’s a good chance you may be entitled to damages. In other cases, that won’t be true. For example, if you were hit by someone who was speeding, it’s doubtful that your brakes had anything to do with it.
You May Have to Sue the Manufacturer of the Brakes as Well
Depending on what was wrong with the brakes, your mechanic may not be the only party you need to pursue. Your Middletown car accident lawyer will consider filing suit against the manufacturer of the brakes as well. If the parts were defective, this may be a good idea. If they were just installed wrong, you would have to pursue the mechanic and only the mechanic.
Call and Talk to an Experienced Middletown Car Accident Lawyer
If you get into an accident because of any defect in your vehicle, you should call our office. Set up a time to meet with one of the seasoned Middletown auto accident attorneys at Aeton Law Partners. We can review your case during your free, initial consultation and if we believe you have a case, advise you on how best to proceed moving forward