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mechanical failure caused an accident

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G

gwisk

Guest
Earlier today, a friend of mine was test driving his truck which has been at a repair shop. The mechanic was with him on a test run when the throttle stuck and caused him to total his truck and damage 3 other vehicles. Does my friend have any legal action that can be taken without costly legal aid?

Happy Holidays!
Gunnar Wiskoff
 


I AM ALWAYS LIABLE

Senior Member
gwisk said:
Earlier today, a friend of mine was test driving his truck which has been at a repair shop. The mechanic was with him on a test run when the throttle stuck and caused him to total his truck and damage 3 other vehicles. Does my friend have any legal action that can be taken without costly legal aid?

Happy Holidays!
Gunnar Wiskoff
My response:

Your friend would have an action if he is able to prove, by a preponderance of the evicence, that what the mechanic did, or failed to do, caused the throttle to malfunction.

This, of course, is easier said than done, and much more costly than you can imagine. Between litigation costs, and expert witness fees, etc., litigation of this matter could be the most expensive endeavor of your life.

If insurance is available, that would be the most expedient method to utilize.

IAAL
 
G

gwisk

Guest
My friend doesn't have insurance. (can you say "dumb"?)
One would think that under the extrenuating circumstances, that the auto shop would be totally liable for the damages. Without insurance, though, my friend has a tough road ahead of him.
 

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