Q: So I got my car back from body / mechanic shop where they repaired my front left wheel. 1 week later the whole wheel
Fell of and caused me to crash and injured my back and neck. Do I have a case?
A:
Based upon the facts as you have described them, you would have the basis for a case. Here in New York, in an automobile crash case, you must prove: 1) that the defendant was negligent; 2) that the negligence of the defendant was a "proximate cause" or a substantial factor in causing the crash; and 3) that the injuries that you have sustained as a result of the defendant's negligence meet the "No-Fault threshold" for recoverable injuries in a car crash.
Using your fact pattern again, it would appear that if the wheel came off after the auto repair place had worked on the car, then you would be able to establish that the auto repair place was negligent and that that negligence was a substantial factor in causing the crash. However, in a New York automobile crash case, you must also prove that you meet the "serious injury" standard, meaning that you suffered injuries such as a fracture, a dismemberment, disfigurement, (with a woman, a loss of a fetus), or that you are unable to perform your usual and customary activities for at least 90 of the 180 days following the incident, among other injuries.
A:
Yes, you might. A qualified expert must immediately examine the vehicle.
Consult with experienced attorneys.
A: Sounds like it could be a good case. You will need to save the wheel and have the car inspected by a certified mechanic to determine the cause of the failure. For a personal injury case, you also need real injuries with medical care. An attorney can help you to find medical care if you need assistance, and arrange to have the car inspected by a mechanic. Talk to a personal injury attorney for a detailed evaluation of your potential claims. Consultations are free.
A: Yes. If they were negligent in repairing your tire and this caused the crash, you would have a claim for personal injuries. I wrote a blog about this scenario here: https://www.victimslawyer.com/mechanical-failure-traffic-accidents-in-california.html
A: Yes. If the shop was negligent in installing or repairing the tire and this caused the crash which caused your injuries, then you would have a claim. Proving this can be difficult. You should have the car/tire inspected by a different mechanic and get an opinion that the tire fell off and caused the crash.
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