Do I have a case regarding a mechanic's negligence which resulted in my car being totaled in an accident?
Question Details: Last Sunday, I was in a one car accident. My car hydroplaned on the interstate due to heavy rain. I tried my best to control it with the usual tactics - I took my foot off the gas and turned into the skid but this failed to correct the skidding. I went head-on into the concrete construction barrier. The insurance company will probably total the car, as both airbags popped. The front is smashed in and it 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. Also, I had just had new tires put on the car. It turns out that 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 through a little research that this is the opposite of what is supposed to be done when you are installing only 2 tires. Doing otherwise can cause a 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.
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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