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North Carolina Lemon Law Helps Consumers Even Playing Field With Manufacturers

Oct 13, 2009 More Saving

To understand why the North Carolina lemon law was created, you must understand how the law worked before its inception. Before the lemon law was enacted, auto owners with auto problems were forced to seek redress of their claims with large automobile manufacturers. Seeing a problem with the disparity of the parties, the North Carolina Legislature developed the lemon law, which created the right for an automobile purchaser to bring a lemon law case against an automobile maker.

The North Carolina Lemon Law covers vehicles that were sold or leased in North Carolina. It covers new motor vehicles, which are defined as a vehicle that has never been sold before or is sold as a new car by a dealer or manufacturer. The lemon law specifically covers new passenger cars, pick-up trucks, motorcycles and most vans bought in North Carolina.

The North Carolina Lemon Law, states that a manufacturer must repair defects that affect the use, value, or safety of a new motor vehicle within the first 24 months or 24,000 miles of ownership. To make it easier for car owners to prove their case, the North Carolina legislature created a presumption that a vehicle is a lemon. The lemon law creates a presumption that a car is a lemon states if:

The purchaser has had the automobile in the dealership four (4) or more times for the same concern and the concern continues to exist; or

The purchaser did not have use of the automobile while repairs were attempted or while the automobile was awaiting a repair attempt. The impairment of use of the automobile must be for twenty or more days in the warranty period. There is a catch though, to get the presumption the purchaser send correspondence to the manufacturer putting it on notice of the concerns with the vehicle.

Once the vehicle is shown to be a lemon, the lemon law provides that the consumer may choose either a replacement or a refund. Specifically, the manufacturer shall replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer.

In North Carolina, the lemon law states that the refund to the purchaser shall be reduced by a mileage offset. The mileage offset is the use by the purchaser prior to the first repair visit. The mileage offset is a simple mathematical calculation contained in the lemon law statute. Simply put, take the miles before the first repair visit and divide that number by one hundred thousand and then multiply that percentage by the original price and that number will give you the dollar amount of the mileage offset.

Although the North Carolina lemon law is fairly straight forward, consumers should hire a lemon law attorney. Under the lemon law, the manufacturer must pay the attorney fees if the vehicle is a lemon. In addition, there are notice requirements and some hidden pitfalls that may trip up a consumer. You should not delay in getting an attorney to help you.

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Important Facts About Personal Injury Cases

Sep 28, 2009 More Saving

Personal injury cases can force businesses to pay large sums for claims. A person suffered from injuries can get a positive outcome if the lawyer is capable enough to handle such cases. Thus she can get the claims.

Workplaces present various hazards due to which many cases originate here. An employee, who got injured due to occupational hazards, may file for claims. The business may be forced to pay him for the damage caused to him.

A worker can get injured due to faulty machinery or low quality equipments. The injury claims are very high in the construction sector as compared to other sectors. The risk level is high in the construction industry.

Many accidents can take place on the job. If the company is found to be responsible for the accident, the person deserves compensation. Such claims are witnessed in various types of manufacturing companies and service providers.

If it is proved that the company manufactured products that were known to cause injuries to people, it may be subject to claims. If a company knew about a products defect, it should not have sold it. That is the reason why companies call back the defective products from the people.

Transportation is one of the main areas where personal injury cases start. A person injured by another driver often files a claim. If the court decides against the driver, the injured person is awarded the amount.

A personal injury case is in its worst form when a person is killed due to the injuries. In such a situation, the victims family can get in serious emotional and financial disturbances.

The claim can be filed by the victim or her family. A Los Angeles Personal Injuries Lawyer can examine all options available and suggest a good plan to proceed further. He can perform the necessary actions to give the case a good start and ensure a good end.

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San Antonio Auto Accident Attorney- Important Recommendations for Vehicle Crash Victims

Sep 28, 2009 More Saving

If you’ve been the victim of a vehicle accident, a San Antonio auto accident lawyer can be the aid that you may need. You don’t have to settle for insurance payouts or not getting the financial compensation that is rightfully yours. If you’re looking to battle a traffic incident, you must hire a licensed professional and be organized. At this juncture are a few tips to consider along the track.

Being involved in an auto accident is never a blameless experience. No matter what you do or how fiercely you try, things won’t always operate your way. When criminal fault, uninsured motorists, or damages outside wisdom occur, you must be organized and willing to fight to get what you deserve. If you’ve been the victim of a auto accident, it is detrimental to reach out a San Antonio auto accident lawyer right away. In the meantime, these are some items that you should to keep in mind to make sure that you have the most solid case when it comes time to fight:

-Remain in your vehicle after the accident unless you are 100% certain that you are not hurt. Doing this can compromise your argument if you realize later that you were physically harmed. The law enforcement officer can easily cite that you got out of the vehicle on your own accord, and you could lose all chances to get compensation for your injuries.

-Speak to the police. Do not attempt contact with the other person until law enforcement arrives. This can conceive a he said/she said situation where no one will win because no one knows what really happened. Deal with the law enforcement officers only, or speak to the other party only in front of them.

-Fault not being yours and the motorist that hit you is uninsured, make sure that the police put that in the accident report and that you report it to your auto insurance company. Afterward, when you go to fight for settlement for your own insurance claim filed under uninsured motorist claims, you’ll have all the evidence that you need to get the win.

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A Look At Operating Under The Influence

Sep 27, 2009 More Saving

The general public is under the assumption that driving under the influence refers to alcohol but that is a misconception since drugs whether prescribed or not are also in this category and are subject to the same fines.

Truck drivers who possess a CDL license have to undergo required drug testing, because there is a good chance of them having drugs in their system while they drive. An 18 wheeler truck that causes an accident will also probably cause serious damages and even bodily injuries. That is a risk that truck companies understandably don’t want to take.

The studies that have been done are very eye-opening when you realize that 15% of truck drivers tested had marijuana in their system, stimulants showed 12% non-prescription and prescribed 5% and alcohol 1%.

In order to be considered driving over the legal limit, it is not necessary to be drunk. Although the regular BAC, or the blood alcohol concentration, is legal to 0.08%, for truck drivers it is reduced to 0.04%. This is because they operate larger vehicles and driver longer distances.

There is a misconception that being high on marijuana is safer than alcohol but that just is not the case. Marijuana is said to affect your concentration, perception and reaction time for possibly as long as 24 hours versus a 3-4 hour span for alcohol depending on the amount consumed. Marijuana has been the cause in more than 12% of trucking accidents that were fatal.

It is understandable that truck drivers sometimes find it difficult to stay awake, because they do drive for long shifts. This is often the reason they want to use something, such as ice or meth, in order to counteract the tiredness. Unfortunately, it is also extremely easy for truck drivers to get their hands on these drugs at almost any truck stop. There are several that even show that 1 in every 5 truck drivers use those specific drugs in order to stay awake and drive longer.

Since intoxicated drivers are not to be tolerated, law enforcement personnel keep a good eye on truck drivers. Even if it is suspected that a truck driver might be under the influence they will be pulled over and then there are many ways of determining intoxication. There is the breathalyzer test to determine if a driver had been drinking, but then there is also the field sobriety test and the swab drug test.

One of the tests law enforcement uses to see if the driver has been drinking and how much is the breathalyzer in which you blow into it. The other is called the nystagmus test. This has various aspects to it. You can be asked to walk and turn, stand on one leg, put your finger to your nose and the Romberg balance test. Another sobriety test is when an officer puts an object, a pen for example, in front of the face and while moving it back and forth watches the driver’s eyes. Then a chemical test can be done which consists of urine or blood samples.

A swab drug test is basically done by taking a swab and collecting saliva from the mouth. It is then tested and if the results are hot then it is considered an OUI.

To sum it all up, nobody should operate while under the influence and that especially goes for truck drivers. It is never safe to drink or do drugs when you are going to have to operate a vehicle.

Tags: Alcohol, attorney, autos, cars, driving, drunk driving, Dui, law, Lawyer, legal, More Saving, oui

Choosing The Right Accident Attorney For You

Sep 15, 2009 More Saving

Finding a great accident attorney takes more than just luck. It takes a bit of research. Not all accident lawyers are the same. Some are more highly skilled than others and you will want a lawyer that is absolutely top notch representing you. Not all attorneys will be able to give you fair and capable representation in the actual court room.

You need somebody that can take on your case if it goes into the court room. Real life experience in front of a jury is important. While very few cases go to court, those that do need strong representation and a lawyer that can handle the various pressures that go along with the court room experience.

Accidents happen. They are certainly not part of our daily plan and moreover they are not part of our expectations. When they happen it is possible to find that you are in no position to deal with all of the legal ramifications stemming from the accident. Without guidance you may very well end up losing out on the compensation that is owed to you.

Recklessness, drunkenness, and other forms of public safety hazards are not your fault. When you end up as the victim of such reckless and thoughtless behavior you need to know what your options are, what the chances of an early settlement would be, and how long you expect a lawsuit to take.

The more medical documentation you can turn over to your lawyer the better. There are physicians that specialize in accident cases that can help you make sure you have the right documentation for your lawyer. All of this information can be obtained through the accident attorney that you select.

Putting your life back together can take a long time. You will have physical and psychological issues that will need to be dealt with and you will want to be able to make sure that you end up as healthy as possible. In order to do this, you often have to hold the individual responsible for causing your injuries accountable for their actions.

Small things like changing the playlist while driving or texting a friend can wreak havoc on the life of another person. If you don’t make sure that you hold the individual responsible for your injuries accountable for your actions, you are allowing them to cause damage to your life.

Fiona Wyresdle writes for Asakawa Law which has information on really cheep DUI attorney Sacramento and Sacramento injury lawyers for cheap.

Tags: Accident, attorney, auto, finance, financial, health, injuries, law, Lawyer, legal, More Saving

Operating Under The Influence Is Reckless

Sep 15, 2009 More Saving

Any driver of a vehicle who is intoxicated is considered to be operating under the influence. Whether or not a driver is intoxicated is determined by the blood alcohol content which can be tested by police officers. Basically, operating under the influence is dangerous for everyone involved and is not worth the little bit of fun.

According to research and other studies it has been proven that after consuming alcohol, as the blood alcohol level rises, so does the risk of getting into an auto accident due to diminished control. The BAC level can read just .02% yet raise your chance of having an accident 1.4% on tests given to those who consumed alcohol and did not.

Impairments that are all associated with 0.02 percent blood alcohol content-effect person’s visual perception, reaction time, and information processing. His eye movements will become slow and the way he steers will also be affected. If you really think about all these that were mentioned, you should already be frightened. Imagine yourself less aware and incapable of doing things right.

It is worth thinking about the seriousness of your actions before you get behind the wheel. As the tests showed, with .02% you are losing ability to drive so can you imagine that it is feasible for the risk of an accident to jump to 11.1%.

Going out for an evening of fun is fine the problem comes when you are irresponsible. The wise way is to have a designated driver, use a taxi or don’t drink. There is too much in jeopardy otherwise. In the blink of an eye your life can be ruined or others.

In most states, once a person has been convicted driving or operating any type of vehicle while under the influence of alcohol will be required to have an interlock device in the ignition installed. Imagine being able to drive only if the device has read your breath in terms alcohol level.

You can’t fool your car because authorities have taken all measures to ensure that it will only run if you have a BAC level within the limit. Once the ignition interlock device notices that you have alcohol in your breath, then the ignition will automatically be disabled. There’s no point in trying to find other means of going someplace since it will only cause more trouble on your part.

Different states have different stipulations and duration for this type of device. In 30 states, your car will be confiscated after being caught multiple times operating under the influence- while intoxicated. In the other 21 states and the District of Columbia will suspend your privileges of driving after your very first offense. The suspensions vary in different states and ranges from 60 days to 6 months.

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Tags: advice, attorney, cars, Conviction, defense, driving, drunk driving, Dui, dwi, Lawyer, legal, More Saving, oui, racing, reckless

A Simple Introduction To Injury Lawyers

Sep 11, 2009 More Saving

All of the time there are people that get hurt due to the actions of other people. This is why a personal injury lawyer is necessary at times.

Personal injury lawyers help those that have been injured due to other people’s actions when they are seeking retribution for what has happened to them. They are the ones that will give those that have been hurt legal advice in regards to the situation that has happened to them.

A personal injury lawyer will learn all that they possibly can about the situation that occurred so that the client that they are working with can get the best benefit that they possibly can when they have their day in court. Other legal documents and paperwork is also in their hands.

Personal injury lawyers are like other lawyers in regards to having a very strict code of ethics that they must adhere to. They will work for their clients in a very professional manner and keep everything in regards to them in the strictest of confidence.

Lawyers of this type must go through a number of years at college. After that they additionally have to write several special exams that will allow them to be allowed into the bar of the state that they are in.

They will next have to take a special course that is recognized by the American Bar Association proving that are knowledgeable in dealing with personal injury situations. If this is not completed than they cannot practice law in this manner.

After they have finished all of the necessary requirements they can then be called personal injury lawyers. Now they can decide what type of personal injury cases that they want to work on. Car accidents are a popular choice for many of these lawyers, as is workplace injury claims. This is something that the lawyer has total control over choosing as it is their career.

Each case that a lawyer of this type works on is priced differently. There is not just one set fee for all. Some lawyers will wait until the client gets a settlement and request that they be paid a percentage of this in the contract that they have. Other lawyers rather be paid on an hourly basis. It is rather rare to find, but there are some that will work for one set price, and this is generally very expensive.

Fiona Wyresdle writes for Asakawa Law which has details on inexpensive Sacramento accident attorney and affordable defense attorneys Sacramento.

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Precautions Against DUI

Sep 9, 2009 More Saving

One of the most common causes of road accidents is when driver drive under the influence of alcohol, drugs, or any other medications which cause them to lose focus and concentration on the road.

This is a problem experienced by all states and as a result they have set up sanctions for those caught committing the offense with the intention of at least trying as best possible to solve this problem. This is important to ensure the safety of innocent people on the road who aren’t driving under the influence or while intoxicated, as well as the offender.

Probably the one most common direct causes of DUI (driving under the influence) is alcohol, although other substances can also be responsible for it. It is the main culprit which causes reckless driving.

Oftentimes, this happens after a night out with friends where everyone is in a good mood and shots are raised, neglecting the fact that they have to drive home afterwards.

Drugs are another substance that causes the inability of drivers to grasp what is going on. Such drugs can come in any form, but all lead to lethargy and feeling high. Whereas some use marijuana, others choose something stronger like methamphetamine.

The use of these types of drugs is widespread in truck drivers who travel long distances during the night. They often use drugs to keep them awake while traveling. Sometimes, the drug not only keeps them awake at night but often keeps them awake for days. While some drivers may see this practice as acceptable, others see it as beyond the necessity and an overdose of the drug that only aimed to strengthen and awaken the person for the duration of his work, but not for several days.

It is true that sanctions by the government are necessary to keep people from driving under the influence, but more is needed. There also has to be prohibitory laws set up against minors who acquire alcohol or drugs. This is necessary, because most DUI related accidents on the road are caused by minors. Therefore the focus has to be on minors and educating them so that they know what fatal consequences are possible as a result of DUI.

The penalties imposed for DUI offenses vary in every state. Some states have lighter penalties than other states. These penalties may include fines, jail time, and suspension of license. Even first offenders don’t escape these penalties. Second offenders and more delinquent offenders are meted out with much graver punishments such as higher fines, longer imprisonment, and a longer duration of the license being suspended.

The authorities are being more wary of this type of offense due to the fatalities that it has brought. In a year, the accumulated number of alcohol related accidents reached more than a thousand, the reason why authorities are very diligent in apprehending persons who are driving under the influence.

It is important that everyone is aware of what consequences can come from their actions. If you know you will have something to drink and will drive home afterwards, then it is better to keep away from the alcohol than to think that you are not susceptible to the effects of drinking. If you have to drive home then it is better to have someone else do the driving who is the designated driver and therefore has not consumed alcohol. Although this seems to be troublesome, it is better to be on the safe side.

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DWI - Driving While Intoxicated

Sep 9, 2009 More Saving

The term DWI, which is short for driving while intoxicated, refers to the consumption of alcohol. More specifically it is if your blood alcohol content, or BAC, is tested to have levels over 0.08%. That amount is equal to two beers or less in one hour. That is the legal guideline that the majority of states use so that they continue to receive funding from the federal government.

Sometimes, those that smoke marijuana or take drugs may also get the charge, but often they are charged with DUI or Driving Under the Influence, which is what drinkers get if they even take a Sip of beer, but don’t test out at the .08 BAC. Both charges normally carry the same number of points off your license, cost the same to defend and result in the same jail times, penalties and fines.

Some social drinkers are incredulous to find out these facts, when they drink once or twice a year. They are placed in the same class as those that have more serious drinking problems.

The old federal guidelines, which are not as strict, are still followed in a few states which make their extra money with sales tax from restaurants and bars where drinks are ordered.

It is the opinion of many people that too much of revenues are spent going after the social drinkers, which is why they will opt for a drink at home rather than take a chance of being stopped. Doing that when in reality it is the heavy drinkers who even with their BAC levels, do not seem to be deterred from driving no matter what. Many believe that more should be spent on them instead.

The majority of states now follow the limit of 0.08% BAC. If you are caught, then in order to defend your privilege to drive you will need to spend a good deal of money. Defense is not the only expense, though. There is also the SATOP, which is the required safety program that is aimed at those that drink and drive and without it you can not get your driver’s license back after administrative suspension. An automatic suspension of your license that happens even before a verdict of guilty is spoken causes additional costs. Not only that, but this suspension even stays on your driving record for a period of up to five years in most states even if it is your first offense.

If you are charged, then a good lawyer is something you must have. Although you used to be innocent until proven guilty, that no longer applies to DWI charges. Actually, just by refusing the breathalyzer test you will most likely lose your license for a year and if you are found guilty of DWI, then you can also receive up to six months jail time for the first offense and up to five years for your third conviction. Most drug dealers don’t even have to fear those kinds of harsh sentences.

This is the main reason it may be advisable to get an attorney if you find yourself in this position. A drink with dinner can turn your entire life upside down. In some cases, drug dealers have it easier than the occasional drinker, with the stricter laws that have been enacted due to public outcry. More accidents involve drivers that have impaired judgment due to drinking, which is the reason for the crackdown and more frequent issuance of DWI charges, besides the Federal tax dollar incentives for more arrests. If you find yourself charged with a DWI or DUI, you need to seek legal help to protect your rights.

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Tags: advice, Alcohol, attorney, auto, Conviction, defense, driving, drunk driving, Dui, dwi, law, Lawyer, legal, More Saving, oui

The Authorities And DUI

Aug 22, 2009 More Saving

If you are under the influence (DUI) and are caught and stopped by the authorities, it should not be taken lightly by anyone since chances are you will not get away with it.

There is a good reason that so many people have been worried about DUI. It is the cause of many fatal accidents and affects the lives of many innocent people, as well as the offender. To make matters worse, it is legal for an adult to drink how much they want to and that only increases the number of drivers on the road who are under the influence.

Some DUI drivers may think that they could just drive well and straight and would go undetected by officers. However, this is not the case at hand because even the best drivers that are intoxicated with alcohol always manage to make straight lines really crooked. The driver may not be seen but the way the vehicle travels the road is very detectable.

There are different methods available to authorities in order for them to determine whether or not a driver is drunk or high on drugs. One of the most effective tests is the one that measures the amount of alcohol in the blood as a percentage and this test is commonly known as the BAC. In the US it is illegal to have a BAC of 0.08% or more and if you are caught then you will be charged with the offense.

Another test that traffic authorities administer in determining if the driver is intoxicated is through a Breathalyzer. As the name implies, it involves analyzing the breath of the driver. This is usually done at the time that authorities apprehend violators. Drivers are asked to literally blow some air into a device that reads the blood-alcohol-concentration and if it does not fall in the range of being drunk, the driver is free to go.

Some other officers without Breathalyzers would require drivers to take laboratory test such as urine tests to determine the amount of alcohol in the body of the drivers.

If determined to be intoxicated the driver will then be punished with the penalties under the law of the state they are in. These penalties for a DUI vary by state and one state may have harsher consequences than another. The severity of the penalty also depends on whether or not prior DUI offenses have been committed. The first offense is often lighter than it is for subsequent offenses.

Some states do consider the age of the offender. In those states if an offender is still a minor, then they have a chance of a more lenient punishment than an adult would get.

Over the last few years the number of DUI charges has increased, because authorities have more ways of preventing and catching drivers who are under the influence of drugs or alcohol. The number of campaigns meant at raising awareness among minors and adults has also increased and now people know more about the dangers associated with DUI.

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