Defective Car Parts and California’s “Lemon Law”

Automobiles that include defective parts can be dangerous and can cause serious accidents, injuring passengers, other drivers, and pedestrians. Such accidents can result in expensive personal injury suits, but it can cost a lot of money to replace a defective car part. Fortunately, California has a lemon law that allows car owners to receive compensation for defective parts.

The Lemon Law

When a defective car part substantially impairs the use, value, or safety of a new car purchased or leased in California, the owner or lessee is often able to receive compensation under California’s Song-Beverly Consumer Warranty Act, more commonly known as the lemon law.

This statute gives automobile manufacturers 18 months or 18,000 miles to attempt repairs on any newly released vehicles. If a vehicle still has at least one of two covered defects within the warranty period, then it can be legally considered a “lemon,” and the owner can receive compensation. California’s lemon law covers:

• A serious defect that the manufacturer was unable to repair in at least four attempts; or
• Defects that have caused the vehicle to be out of service for at least 30 cumulative days since it was purchased.
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Compensation

If the car qualifies as a lemon, then the owner of the vehicle has two choices. First, he or she can request that the manufacturer either replace or repair it. If the owner chooses this option, then the manufacturer must also reimburse the owner for sales tax, registration, and incidental damages, such as finance charges or any costs associated with repair, towing, or renting a replacement car.

Alternatively, the owner can request a refund for the original price paid for the car. To be eligible for these options, the person seeking compensation must have purchased or leased the car from someone engaged in the business of manufacturing, selling, leasing, or distributing new vehicles at retail in California. In the case of a lease, the term agreed upon must exceed four months to satisfy the requirements of the lemon law. Finally, the car must be intended for personal, business, or family use.

Owner’s Responsibilities

In order to receive compensation for the defective vehicle, the owner is required to have followed the warranty terms for maintenance and proper use of the car. It is also the responsibility of the owner to bring a suit based on a violation of the lemon law within the four-year statute of limitations. Furthermore, items installed by anyone other than the manufacturer cannot be included in the amount refunded. It is also helpful to maintain good records of any repairs made to the vehicle. Each repair order should show the defect and the dates that the car was in the shop.

Purchasing a vehicle with a defective part can be expensive, time-consuming, and stressful, especially if the defect causes an accident and harms you or others. If you have purchased a vehicle with a defective part and feel that manufacturer may be at fault, please contact the passionate San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free consultation.

source: cmalaw.net

Driverless Vehicles and Personal Injury

Recently, Google’s prototype driverless cars have been navigating the roads around Mountain View, California. They have been involved in two recent accidents, though the accidents were non-serious in nature, and were caused by other drivers. In one incident, the Google car was rear-ended at five miles per hour, while stopped at a red light. Both cars suffered minor scrapes to their bumpers. The other accident also involved a Google car being rear-ended at a red light, but at less than one mile per hour, and neither vehicle was damaged. No injuries were reported in either crash.

A Google car and another self-driving car, from Delphi, were reported to have nearly had an accident during a lane change in Palo Alto, when one car cut off the other. Fortunately, the second car was able to change back into its original lane, avoiding the collision.

California’s Driverless Car Law

Only five states, including California, allow driverless cars on public roads. In 2012, the California state legislature passed a law permitting driverless vehicles to operate, for testing purposes, on the roads. There are, however, strict limitations to their operation:

• A licensed driver must be in the car at all times;
• The driver must be ready and able to take over control should the automatic controls fail;
• The driver must have been licensed for at least three years, must not have caused any accidents resulting in personal injury or death, must not have been convicted of driving under the influence in the past 10 years, and must take special driving classes; and
• The car manufacturer must maintain $5 million in liability insurance.
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California’s law also requires driverless cars to have a mechanism that captures sensor data from the autonomous technology for at least 30 seconds prior to a crash, while the car is operating in automatic mode. This technology will help to determine how crashes occur.

Personal Injury Concerns

Driverless cars may be safer than regular cars. Google and other manufacturers claim that they are because they eliminate the element of human error, which is the cause of a majority of accidents. But others, such as the National Highway Traffic Safety Administration are not so sure. No car is perfect, and some accidents not caused by humans are bound to happen.

But what happens when a driverless car inevitably does cause an accident? One major issue is determining who is liable for the harm, the owner or the manufacturer. It is likely that accidents caused by self-driving cars will become a product liability issue. This would mean that liability would shift away from the owner or individual, and to the manufacturer, designer, or vendor.

The requirement for a data capture mechanism may also help to determine how crashes occur and how to assign liability. It may be able to help insurers and courts figure out whether a car malfunctioned, an injured person was contributorily negligent, or something else caused the crash.

If you have been injured in an auto accident, whether from a driver’s negligence or a vehicle malfunction, an attorney can help you recover compensation for your harm. Please contact the experienced San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free consultation.

source: cmalaw.net

Finding the Best Lawyer for Your Car Accident Case

If you have sustained injuries in a car accident caused by another person’s negligence, you have the right to seek compensation for your injuries and damages.

To ensure that your legal rights are protected, consult with a St. Louis car accident lawyer to represent your case. The lawyer that you hire should be experienced in litigation of car accident cases, should be able to assess the positives and negatives of your case, and be able to guide you through the compensation process.

Looking for a St. Louis Car Accident Lawyer

Identifying potential candidates is the first step in finding the best lawyer for your case. Referrals can be sought from friends, family members, and associates, or you can go online and search for a suitable candidate on various legal referral websites. Once you have identified lawyers who suit your requirements, ask for an initial consultation visit with each one of them. The purpose of a consultation visit is to decide whether you want to hire the particular lawyer or not. Ask about his or her qualifications and experience, especially in personal injury cases. Explain your case and understand all the possible outcomes of the case. The mode of payment for the lawyer’s services should also be discussed. Once you have met all the candidates, assess and compare the strengths and weaknesses of all the lawyers. The following checklist may be of help to make an informed decision.

1. Experience

The experience of the lawyer in handling similar cases is important. Ask yourself whether the lawyer understands the legal issues pertaining to your case and is familiar with the other players that will be encountered in the process of the lawsuit.

2. Legal Strategy

The legal strategy of the lawyer explains how he or she intends to proceed with your case. You should ask yourself whether you agree with the legal strategy proposed and if the legal strategy is realistic or not. Make sure you understand all the possible legal outcomes of the case.

3. Billing Rates

Most Missouri car accident lawyers charge their customers on a contingent fee basis. There are others who charge by the hour. There may be other legal expenses associated with your case. Estimate the total cost and ask yourself whether you can afford the expenses. The lawyer’s rates and the extra fees that must be paid should also be taken into consideration.

4. Comfort Level

A lawsuit can extend for a prolonged period of time. It is essential that you are comfortable with the lawyer. Did the lawyer address all your concerns and can you trust the legal advice provided by the lawyer?

source: hoffmannpersonalinjury.com