Legal Question in Personal Injury in California

CA smog test breaks truck

I brought my truck to a smog shop to have it tested.My truck is full time four wheel drive,meaning that you can not safely put it on a dynamometer to test it.The test is to be performed at a two-speed idle rather than at two constant wheel speeds of 15 and 25 MPH.I informed the smog technician that the truck was not to be put on the dyno,and they said they would take care of it.It failed that day,so I did some tuning and brought it back again.It was a different technician so I informed him also not to dyno the truck.He stated that the guy the day before did it that way,so he would do it to.I couldn't drive away because he already had it going on the dyno.The truck ran fine around town after the test,but I took it on the freeway 4 days later,I was traveling at 60 MPH and pressed the gas to get to 65,and the transfer case started to make a strange grinding noise.Seconds later,I heard a loud bang, and then repeated banging on my floor and loss of all power.I pulled off the freeway and found my front driveshaft had broken in 4 places, and my transfer case would not stay in gear.The smog shop obviously strained my front driveline,so are they liable for the damages,since they performed the test incorrectly?


Asked on 9/03/07, 4:03 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: CA smog test breaks truck

Perhaps. It will depend upon whether the actions taken were professionally negligent and if causation can be established. You will need to consult and retain an expert it automobile mechanics to testify. Worth it? I'll let you be the judge.

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Answered on 9/05/07, 2:55 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: CA smog test breaks truck

They are most likely liable, especially if you had a witness to either conversation with the technicians.

You should keep a record of expenses, and retain an attorney to file suit for you.

You can do it yourself through Small Claims court, but I think you'll run into trouble dealing with the smog shop's insurance carrier, and it will be worth your while to retain a lawyer.

Good luck!

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Answered on 9/04/07, 11:43 am


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