What is a Lemon?

Lemon is a name used for cars that show substantial defect that impairs its value, safety or function. In general, if your car has been in and out of the garage for four times or more for the same defect within it warranty period then that clearly shows that your car is a lemon. Lemon law protects consumers against these vehicles. All states have varying statute that determines whether your vehicle is a lemon or not.

Identifying a lemon

Before you take action against the person or the company that sold you your vehicle, it is important to identify if you vehicle can be categorized as a lemon. If your vehicle’s paint is peeling or it makes funny noises but drives well, then your vehicle is not a lemon. If your car is moody or takes a long to start during cold winter days or hot summer afternoons, then your vehicle is a lemon. If the car chugs at low speed or your seat wobbles and the rear door opens, then you have a lemon. Now, before you take actions, you need to prove that the car has been repaired four times more or less depending on your state lemon law for the same issue within a couple of years under warranty.

Lemon Law in Michigan

In Michigan lemon applies to both new and leased cars. In some states leased cars are not covered in the lemon law. Now, the lemon law in Michigan does not cover used cars. So that means that even if your vehicle met the above mentioned description, you cannot sue the seller of the used vehicle under the lemon law rulings. But don’t worry there are several laws that cover used vehicle to help you get your money back or make the seller return your money back. Here are some of them:

• Magnuson-Moss Warranty Act

This is a federal law that protects consumers from car defects. This law also covers all kinds of products including your washing machine, refrigerator, toaster and what not. The law states that all product manufacturers abide by their warranty and service contracts.

• FTC Used Car Rule

FTC requires dealers and sellers to post their buying guide for all vehicles sold in the state of Michigan. Now, the buying guide must be a part of your sales contract and overrules the conflicting provisions that are written in your contract.

• Warranty of Merchantability

This warranty says that your vehicle will run like it is supposed to. Most merchants do not cover all parts of the vehicles but it clearly applies to the basic function of the vehicle and that is to run. Under the warranty the buyer must prove that the vehicle defect was present at time of the purchase.

• New Car lemon Laws in Michigan

Under this law, if the used car your purchased is new or a recent model and it meet the time and the mileage requirement of a new vehicle, then you may use the lemon law in Michigan to sue.

How can a vehicle be considered wrecked vehicles?

The law considers the amount of damages that the vehicle has incurred. Some states, consider how much the repair costs, as opposed to the pre accident cost of the salvaged vehicle. If the cost of the repair for the vehicle exceeds $5000, then the law clearly states that this is a wrecked vehicle. In some states the value mentioned may change. In Louisiana, South Carolina, Kentucky and Nebraska, the set damage cost of the vehicle is at seventy five percent of the value of the car. If the value of the repair is at 75 percent or higher, then they are declared as wrecked vehicles. In Massachusetts, New Kersey and Nevada, vehicles that can be repaired is a salvage vehicle.

Now, before you can sell your wreck vehicle, you must first have a salvage certificate. This certifications is issued by the state DMV but only if the owner of the vehicle brings a clean title, license plate and certificate of title. Now, once you’ve sold the wrecked car, the new owner of the car must now show the DMV that the vehicle is working well before they would be allowed to run on US public roadways. Now, it is important to know that most insurance companies do not provide insurance coverage for such vehicles. So unless you find a suitable insurer, it is illegal to drive on the roads of US without carrying at least the minimum car insurance coverage available. Now the best way to battle this is to apply to the DMV to change the salvage certification to rebuilt certification. If your vehicle has this certification, you can easily find an insurer to give you coverage.

Exception to Salvage Titles

Now, as mentioned before the state laws about wrecked cars vary from one state to another. In some states the salvage car titles is not needed if you are selling your wrecked vehicle, like in the state of Missouri as long as the vehicle is less than seven years old. In California, salvage titles are also not needed. They would simply issue salvage certification in exchange for the vehicle’s title. In some states, the owner of the salvage vehicle must submit the car’s title and ownership certificate within fifteen days after the destruction of the vehicle.

Only those with appropriate car titles or certifications will be allowed to be driven in the public roads of US. If you are planning to sell your wrecked vehicle, make sure to check your local state law about wrecked vehicles. You need to tell the buyer that the vehicle was destroyed and give the buyer a written notice about its current condition.

A construction site is one of the worse places to be when an accident has occurred. An accident caused by falling debris, or other objects at construction sites, can cause severe injuries. This is why employees involved in the construction industry are required to wear safety gear, in order to protect themselves from possible accidents. However, there are times when these safety devices fail to provide adequate protection. Some of the most common construction accidents include scaffolding accidents and falls, ladder or stairway falls, crane accidents, forklift injuries, defective or unsafe machineries, electrocution and electrical burns. These accidents can cause devastating effect to the person injured. In the state of New York, worker’s compensation is compulsory, unless a waiver of agreement in which both parties (employer and employee) signed and agreed whole heatedly to the terms. Worker’s compensation is like an insurance coverage which kicks in to provide monetary assistance in case you were injured in an accident while on duty.

New York Worker’s Compensation Benefits

While the compensation benefits are usually given to the injured employee after the accident the amount given to the employee are not enough to cover for all the losses that the injured employee truly experience such as long term medical care expenses, loss of wages, loss of future work opportunities, increasing insurance premium, pain and suffering of worker’s families and other non-economic losses. The worker’s compensation prevents the employers from being sued when an injury occurs but there are laws that you can use to make further claims against other parties such as the land and building owners, the equipment manufacturers, the contractors and so on. Personal injury lawsuit may be filed against any of these parties in order to claim necessary benefits to cover for all the losses.

In a lot of cases, when an employee was injured in the construction site, the jury almost always presumed that negligence was done in the part of the employer. This is the reason why in almost all cases, the employer of the injured party offer monetary assistance to the victim and their family to prevent them from suing the company. However, most of the times they do not offer justifiable amount to cover for all the losses that the victim and their family member suffer and might suffer in the future due to the accident. In this case, hiring a New York construction accident attorney is the best way to solve this problem.

Why Hire an Attorney if the Employee Offered Additional Monetary Settlement

If in case, the company owner offered you a settlement offer, it is best if you do not take the offer right away. Many people fall prey for this tactic because they are not aware of the true value of the case. If a company offers $100,000 settlement for permanent disability in exchange for waiving your rights to file a lawsuit, you should not take the money. Instead get yourself a lawyer and give them the details of the injury. Lawyers can increase the settlement amount for each of your losses. For example you suffered permanent disability or even temporary disability your lawyer can make a claim for future loss of wages, inability to get future employment, over time losses, employment benefits and more. These claims are just part of the whole because they could still make claims for medical bills, future medical bills, rehabilitation future rehabilitation, psycho and socio rehabilitation and a whole lot more. Your case could reach to up to half a million dollars and could potentially bankrupt the company, so they would give you a slightly less offer just to make sure that the case do not reach the court. However, without the help of an attorney, you would have to settle for something less than what you truly deserve.

Personal Injury Lawsuit

Personal injury lawsuit is very common for job injuries. Many victims of work related injuries feel like their companies do not understand how far the accidents have changed their lives and so seek for relief by filing a personal injury lawsuit to their company. Under the US legal code tort or civil lawsuit may be filed against another party that has caused damage to the plaintiff. In the personal injury lawsuit, these damages are usually paid in the form of money or services, in some cases. The amount of the lawsuit is usually a lot higher than what companies initially offer the victim.

Grounds for Personal Injury Lawsuits

In case of a lawsuit, your attorney will conduct their own personal research about accident. They will try to collects evidences and statements that negligence was conducted on the part of the defendant. Lawyers will also talk to your doctors and other medical staff to prove your medical claims. For example you were amputated or you had a mild fraction of the spine, lawyers would have to know the extent of these damages so that they could set a strong case against the company. Lawyers usually work in conjunction with professional investigators that will gather enough evidences that will make your case stronger than it really is. They would have to establish either of the two most important things: premises liability or product liability.

Types of Work Injury Compensatory Damages

There are basically two types of compensatory damages: the monetary damages and non-monetary damages. Monetary losses include medical expenses, loss of wages and future wares, cost of living with disability, which include personal care, home renovation to make home more wheelchair accessible and nursing assistance. Non-monetary damages include pain and suffering for both physical and emotional distress and loss of consortium such as loss of affection, comfort, companionship, sexual relations and more. These damages entitle the victim to compensation. Each of these damages is paid to the victim and the sum of the settlement could reach to hundreds of thousands of dollars depending on the severity of the injury and the liability of the defendant. Lawyers can help you get what is rightfully yours to at least minimize your pain and get justice. Other than these, you may also sue for punitive damages.

What is a Scaffolding Accident?                                                               

Scaffolding is a device that construction workers use to climb up buildings. They are pieces of tube metal bars put together and they serve as a stepping ground for construction personnel to reach the elevated parts of a building. Some scaffolds use suspended platforms that are supported by ropes or other hanging materials.

Scaffolds are sturdy and can hold people’s weight easily and even some heavy materials carried by these people. The problem occurs if and when the scaffolding was not put together securely. In this case, the entire scaffolding construction will collapse and the people on top of it may fall down. Another common scaffolding accident is caused when workers are not wearing harnesses. They could fall off the scaffolding or accidentally drop something like a bucket of paint, screw -drivers and other materials that could cause injuries to the person under them. These accidents can happen in a matter of seconds, but the after effect could be devastating.

Most Common Scaffold Accident injuries

Scaffold accidents usually involve falling off the scaffold or getting hit by falling objects. Some of the most common injuries attained from scaffolding accidents include broken limbs, broken neck, spine arms and legs because of lack of fall protection. Some crush injuries may also happen because of the instability of the scaffold or overloading. Head injuries may also be attained due to falling objects. Electrocution is also one of the most common scaffold injuries when the scaffolds were built on areas near power lines.

Civil Lawsuits against Scaffolding Accidents

After the injury, your medical insurance might kick in to cover all of your medical expenses and rehabilitation cost. Your worker’s compensation on the other hand will cover for the days off work. Now, if the injuries you attained led you to temporary disability and worse, permanent disability, your worker’s compensation will not be enough to cover for your loss of wages. What you can do is to talk to a qualified lawyer and tell them about your injuries. They will be able to help you get just the right amount to cover for all the damages you attained from the accident.

Lawyers have the ability dig out the dirt. If your company offered you something more than what you expect, do no sign anything instead ask a lawyer about it. The amount offered to you is the settlement amount, if you accept the offer, then you are waiving all your rights to file a lawsuit. Lawyers can help you there.

In fact, according to studies, the likelihood of getting killed in a road accident is 5.5 times higher than a standard four-wheel vehicle. But you cannot blame those who prefer to ride motorcycles instead of driving a car. The increasing fuel prices can be overwhelming, and those who are having a hard time tighten their monthly budget, are more inclined to use motorcycles instead of a four-wheeled vehicles. The problem is, if you do not abide by the traffic lose your concentration for even one second, you can die or end up getting seriously injured in a car accident.

Major Causes of Bike Accidents

There are a lot of reasons why accidents happen. In some cases, the drivers themselves can’t tell how it happened. This is because accidents usually happens in an instant, and they usually occurs when you least expect them. One of the major causes of bike accidents is due to the driver’s failure to detect the bike. Motorcycles are small and some bike drivers like to swoop in an out of traffic to avoid the accident.

Another major cause of bike accidents is attempting to beat the red light. We have all seen this in traffic surveillance cameras nationwide wherein the traffic light signals stop and then the motorbike coming out of nowhere will swoop in and try to beat the red light. In such a case, a devastating collision could easily happen.

Drunk driving among motorcyclists is also another major cause of bike accidents. Whenever you set foot on a bike, you are at risk of getting into an accident. Now, if you drink and drive a motorcycle, you are ten times more likely to get involved in an accident than when you are sober. Alcohol can impair your driving as some of your senses  are slow to respond; like hearing and seeing clearly, and your ability to react instantly in a sudden event is significantly slower than if you were sober. Alcohol, motorbikes, and over speeding is a lethal combination.

Common Bike Accident Injuries

Bike accidents are almost always accompanied by injuries. In fact, bike riders are more exposed to bodily injuries than those riding ordinary passenger vehicles. Broken bones are the most common bike accident injury of all because in almost all cases, the driver of the bike gets thrown away from their bikes because of the impact. Since nothing covers your body, and there’s not much to hold on to, the impact of the accident can throw you a few feet away from your bike. Another common bike accident injury is a brain injury. Bike helmets can prevent this fatal injury from occurring, but studies show that not everyone who rides a motorcycle wears their helmet properly. Not wearing your helmet properly is equivalent to not wearing your helmet at all. Spine and organ injuries are also very common with bike accidents. Spinal injuries can lead to permanent disability. So you always have to be careful when riding or driving a motorcycle.

Driver’s Requirements

Because of the fact that big trucks are very difficult to maneuver, there are certain requirements that the Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) had imposed on all truck drivers, before they are issued a CDL or Commercial Driver’s License.  One of these requirements is the written and practical driving test. You are also going to be required to submit yourself to drug and alcohol testing in case you were previously involved in an accident, especially if you have a DUI case on record. It is also required that 18 wheeler truck driver be of the age 21, for cross country travel and minimum is 18 for local travel. Drivers are also required to keep a log book where they could record the hours and miles they drive per day. Although the laws regarding the allowable working for truck drivers vary from one state to another, but in general, truck drivers are only allowed to drive no more than 11 hours per days followed by a ten hour break no matter how short the destination is from the time you reached your 11 hour driving limit. In total, truck drivers are only allowed to drive a maximum of 70 hours within a span of 8 days.

Big Truck Requirements

For big truck owners, FMCSA requires all trucks to pass all yearly safety inspections. The trucking company is required to keep all of the documentation of these inspections. They are also required to place all the stickers given by the department on their trailers or trucks. They are also required to display the name of the company, their business location and most importantly, the DOT identification number. The driver and the company are both responsible for checking their trucks before and after it leaves their premises. Any problems with the truck or any accident that might happen because of defective parts is the driver’s and the company owner’s liability, unless they can prove that the manufacturer of the defective parts is the one liable for the accident.

Trucking Company Requirements

The trucking company on the other hand is responsible for everything. You are required to have all of the trucking permit and documents that complies with the FMCSA’s policies including having appropriate insurances and the security bond requirements. It is also important to mount a warning placard on rig trucks when transporting hazardous materials. The drivers, whether or not directly employed by the trucking company are under the liability of the company whose name appears on the placard. So even if you hire a subcontractor to transport drive your truck, you are still liable for any accident wherein your truck is involved. This also goes for companies that hire a contractor for the freight transportation, in case of an accident, they too are liable to the damages of the accident.

Kentucky is one of the few states where car accident rates continuously increase, in spite of the nationwide car accident prevention campaigns.  Jefferson Country is where 19 percent of all car accidents or 29, 384 accidents in the state have been recorded. In 7,722 of these cases injuries were recorded and and 73 people have died in 2010 alone. This alarming rate has led residents to believe that their local government capampaigns against traffic violations is not enough to prevent these accidents from ever occuring.

Kentucky Car Accident Laws

Under the car accident law in Kentucky, a driver is required to stop immediately in case of a car collission and wait for the police to come to scene of the accident if the damages from the accident exceeds $500. It is important to immediately report the accident to police by calling 911 for immediately.  If there are people injured in the scene or you are injured, unless it is something serious, you should not move or move anyone injured until the medical team arrives.

It is also required under the law that you take down the names, addresses, contact number and insurance company of the other person involved in an accident. It is also important to get the witnesses’ names and address. If the other party is getting these pieces of information from you then refusing to divuldge these information is a case of misdemeanor and a hit and run case even if you stayed there in the scene of the accident. Identfying yourself is of the utmost importance.

Kentucky Car Accident Insurance Law

Kentucky is a no fault state. That means that no matter who is responsible for the accident, their respective insurances will cover for the damages costs. So if you have been involved in an accident, your insurance provider will be responsible for your medical bills and the repair cost of your vehicle. Now, the repair cost of the vehicle is usually not covered in the no-fault insurance. You may however pruchase a collision insurance, underinsured motorist insurance or comprehensive insurance if you want your vehicle covered in case of an accident.

No fault state insurance is also called PIP or Personal Injury Protection. Now, in a state that disregards the person at fault of the accident, insurance companies pay their insured motorist for medical bills, loss wages and repair and parts replacment of your vehicle. However, they will conduct their own investigations and if the other party was proven to be at fault fo the accident, your insurance company will reimburse the money paid to you on your behalf. Now, the no fault insurance protects everyone involved in the accident from possibel lawsuits. However, if in case permanent disability and even death was involved in the accident, you may file a legal case agains the person responsible for the accident.

What is a commercial truck?

Commercial trucks are vehicles used for transporting passengers and goods. This can include the following: pick-up truck, semi-truck, truck, delivery trucks, trailers, box truck and bus. Federal laws consider commercial trucks to be trucks that are used for commercial purposes or when it is registered to a specific company (even if the owner of the vehicle owns and drives the truck on his own, as long as the truck is being used as part of a trade or for business purpose, it is considered a commercial truck). These vehicles can be slightly bigger or enormously bigger than a regular vehicle, which is why it is important to always drive safely when sharing the road with a commercial truck.

Top 3 Causes of Commercial Truck Accident

While it is true that accidents happen even to the most cautious drivers or pedestrians, in almost all accidents negligence on the part of the drivers are always established. In fact, more than half of the time, the accident could’ve been prevented if either the vehicles’ drivers or everyone involved in the accident have focused well on their driving or to watch out both sides of the street before crossing. Now, here are the top three causes of commercial truck accidents in the US:

Top 1 – Passenger vehicles driver’s error

As mentioned before 75 percent of the time, the driver of the passenger vehicle is responsible for the accident. The truck was merely there in the wrong place at the wrong time. Now, the top cause of commercial truck accident is usually caused by driver’s error. But then again because truck as very hard to maneuver, truck drivers are also liable for causing accidents, especially because of the size of their vehicles they have lots of blind spots.

Top 2 – Equipment problems

Equipment failure is also another cause of truck accidents in the United States. The most common cases of equipment failures are tire blowouts, brake failure because of inadequate adjustment, defective steering, defective signals, and transmission failure. These are some of the most common problems that might cause truck accidents.

Top 3 – Over exhaustion

Another cause of truck accident in the US is over exhaustion. Because truck drivers usually drive long travels, they tend to be over exhausted. They sometimes fall asleep while driving. In fact according to statistics, 1.6 percent of all truck related accidents shows that the drivers have accidentally fell asleep or were drowsy when the accident occurred.

Truck Accident Statistics

According to the National Highway Traffic Safety Administration, 1.2 percent of all truck accidents involved drivers caught under the influence of drugs and 3.2 percent involves drivers who were under the influence of alcohol. In the overall, there are over 500,000 truck accidents recorded every year. Over 5,000 people die out of truck collision. Truck accidents make up 12 percent of all recorded accidents in the US. 2.4 percent of them were caused by commercial trucks alone.

The US economy depends on the trucking business. In fact 75 percent of all freight transported across the United States annually is by trucks, amounting to at least 225.5 billion revenues every single year. This is how large the trucking business is in the United States, which reflects the number of trucks that you share the roads with. Today, there are over 15.5 million trucks in the US, with over 8.9 employees and 3.5 million professional truck drivers. According to statistics, the rate is still increasing as the demand for transportation is steadily increasing.

Texas is where the highest truck accidents were recorded. In 2003 alone, 438 people died in truck accidents in Texas and the number is steadily increasing. California is where the highest road accident rates were recorded.  But the state comes in the number two spot for the highest truck accidents followed by Pennsylvania and Florida.

Truck Accidents

Being involved in a truck accident is not something that anyone would want to be involved in. But if in you did and one of your family members was killed in a truck collision, there are ways on how you could recover the losses. Federal laws and regulations you may sue the truck driver, the owner of the truck, the company who leased the truck, the truck manufacturer in case the accident was caused by technical failure, loader of the cargo in case the accident involves improper loading. Under the federal law any company or individual that owns a trucking permit is liable for accidents involving their vehicle as long as their name or company name appears on the placard. The law disregards the lease of contract or whether the driver of the truck at the time of the accident is an independent contractor or is not directly employed. There is a separate government agency that investigates the case which is separate from the police report.