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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I've been an owner operator in the trucking industry years

Customer Question

my name is***** been an owner operator in the trucking industry for 18 years my question is roughly five months ago I had Peter built work on the front end of my truck they replaced two bushings an a bracket that holds the spring in place on the passenger side of my truck a few days ago while my truck was in the shop that I usually use my mechanic noticed The bracket that's holds the spring in place had separated from the frame .enough for him to put his fingers between it and the frame.upon closer inspection of the 3 bolts that's suppose to be there 1 was completely missing which is why it had separated from the frame.a other just had the bolt thru the hole of the frame (no nut on the backside ) and the last one just had the nut screwed on it about a half inch.if that bracket would have finished coming off there would have been a horrific accident no doubt ending my life and probably others driving on the interstate.I contacted the Peterbilt dealer in regards ***** ***** senT them pictures of it.they call me back later apologized and owned up to it saying that their technician messed up and used my old bOlts.these are special stretch bolts they are not to be used except once my mechanic however feels that those nuts and bolts We're nevertightened up in the first place.the nuts are called nylock nuts may they have Nylon in them once they go on they don't back off my mechanic says you have to heat them with a torch to get them off.Peterbilt offered to pay the repair bill to have it properly fix and give me a $400 off credit of the 2000 dollars I paid them to fix my front endto begin with.do I have a case against them
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Thankfully, this failed repair didn't cause an accident and you caught it in time. However, the fact that you didn't have an accident or other tangible damages would diminish your potential recovery.

That said, you would have a claim for any down time, missed loads/jobs caused by the failed repair, etc. Thus, there could be damages over and above just the repair costs.

The best course would likely be to have a local lawyer write a letter demanding compensation for the down time you experienced as a result of the failed repair work. That will likely open things up for discussion and result in a settlement offer to cover your losses.

Customer: replied 1 year ago.
Well my truck was already in the shop.getting other work done therefore I did not any loads on this end.but when I was initially in the shop getting the front in worked on my truck was not ready in time and had to give my load away to another driver but I'm sure that would not count towards this
Expert:  Roger replied 1 year ago.

Yes, that would qualify....you couldn't deliver your booked load because of the delays caused by the improper/negligent repair.

There could also be claims for negligence, but it is just so hard to quantify those amounts or to put a dollar amount on when there is no real damage or harm.......but instead the potential for harm or damage had you not discovered the improper/negligent work.

Customer: replied 1 year ago.
I think we may have been a little confused the load I had to give away to another driver was when my truck was originally in their shop 5 months ago getting this work done to it a new bracket into new bushings this past week my truck was in the shop I did not have a load
Expert:  Roger replied 1 year ago.

Ok.....I understand.

But, you could still claim that this was lost profit because the repairs sought were not made/properly done......which caused you to lose this load. In essence, you would have been better off had you not taken the truck in for maintenance because it wasn't done right, anyway. This argument is a little more difficult, but it is still there.

Also, you can demand damages for the basic negligence of the shop by improperly doing the repairs. Again, this is more difficult to put a number on, but the negligence in making the attempted repair is a viable claim.

Customer: replied 1 year ago.
Sering as this business has many locations there main location is in Maryland I assume I will need a attorney in that state can point me in the direction
Expert:  Roger replied 1 year ago.
You should consult an attorney in the state and area where you took the truck for maintenance. That county/state would have jurisdiction over your particular claim.
Customer: replied 1 year ago.
Thank you for everything do I need a attorney who specializes in a particular part of law like accidents
Expert:  Roger replied 1 year ago.
A general litigation attorney would be fine. But, one that specializes in trucking issues would certainly be a plus.