Do I have a case?
UPDATED: Oct 1, 2022
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Do I have a case?
Last Sunday, I was in a one car accident. My car hydroplaned during a recent hurricane on the interstate. I tried my best to control it with the usual tactics took my foot off the gas, turned into the skid but this failed to correct the skidding and I went head on with the concrete construction barrier. The insurance company will probably total the car as both air bags popped. The front is smashed in. The car won’t start. I’m fine. However, I couldn’t understand how I hydroplaned on a section of interstate with cars and tractor trailers flying by me going way faster than I was. I was doing about 55-60 in a 65 mph zone. I had just had new tires put on the car. However, when they were installed, the new tires were put on the front and the older more ‘bald’ tires were left on the back. I found out threw a little research that this is the opposite of what is supposed to be done when you are installing only two tires. I can cause the car to skid on wet roads and spin out. New tires should always be put on the back to avoid any skidding. Would I have a case if I tried to bring a lawsuit? I lost my only car and I’m unsure that I’ll have enough to replace it. Without a vehicle I’m dead in the water. It was a nice car too. I’m just glad I walked away at this point.
Asked on September 24, 2018 under Accident Law, North Carolina
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can sue the mechanic for negligence, which is the failure to exercise due care (that degree of care that a reasonable mechanic would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be compensation for the loss of your car since the accident was foreseeable due to the mechanic's improper installation of the tires.
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