Posted On: January 24, 2011

Father and Son Obtain $293,000 Verdict in Wisconsin Semi-Truck Lemon Law Case

According to The Milwaukee Journal Sentinel, a Wisconsin jury has ruled in favor of a father-son trucking company whose semi-truck failed to perform properly within six weeks of purchase and consistently needed repairs for the same problem. The semi-truck was purchased in 2007 for $177,000 and worked well until November of that same year. The two men took the rig to authorized dealers all over the state for repairs; however, the engine problems were never fully fixed, which contributed to the closure of their small business.

Wisconsin is the only state in the U.S. whose lemon law covers semi-trucks, and offers compensation to owners of lemon vehicles for twice the amount paid for the semi-truck, including interest, if the case goes to trial. The two business owners contacted Freightliner, the company that owns Western Star, regarding a refund of their lemon vehicle. They did not receive a response, and filed a lawsuit, for which they received a $293,000 recovery package. This verdict is the largest jury award in semi-truck lemon law history.

Wisconsin is the only state in the U.S. whose lemon law covers semi-trucks. The law there also offers compensation to owners of lemon vehicles of twice the amount paid for the defective car. In the Wisconsin semi-truck case, the two business owners contacted the manufacturer for a refund of the purchase price. They did not receive a response, and filed a lawsuit, for which they received $293,000. This verdict is the largest jury award in semi-truck lemon law history.

In addition to passenger vehicles, the California lemon law may cover business vehicles under 10,000 pounds and a motor home chassis.

Howard D. Silver is a practicing California consumer advocate who has successfully handled a wide variety of lemon law cases. Mr. Silver can help you understand your rights as a consumer and answer any questions you may have regarding California’s lemon law. For a consultation of your case, call 1-800-49-LEMON.

To learn more about lemon law in California as well as other states, continue to check our blog regularly.

Posted On: January 17, 2011

Buying a Used Car: Dealer Suggests Putting Needs ahead of Wants

It is to be expected that anyone buying a used car will have a lot on their mind. A New York auto dealer was highlighted in a recent Oneida Daily Dispatch article discussing how a handful of potential used car buyers often put their wants before their needs, when they really should be doing the opposite.

It may not be too farfetched to assume that in many cases, what a used car buyer wants in a vehicle may not be what they really need. For instance, a family of five probably needs a vehicle that seats at least that many, so choosing to buy a used sports car that only seats two may not be the best decision, even though a family member has always dreamed of having one.

The article also addresses how used car sales have been increasing after the downturn in mid-2009 that some attribute to the Cash for Clunkers program. Many consumers have not forgotten the Car Rebate Allowance System (CARS) program under the management of the National Highway Traffic Safety Administration (NHTSA) that allowed “clunker” vehicles to be exchanged for ones with better fuel efficiency.

According to the New York car dealer featured in the article, a substantial amount of cars that used auto dealers would typically buy and sell were being taken to junkyards since they were not permitted to be resold if they were brought in as trades with the Cash for Clunkers program.

Before buying a used car, it is important to explore both the needs and wants of you and your family. It is also important for you to do your research about certain vehicles and dealerships in addition to being aware of potential ways in which you could be subjected to used car fraud in California. The more you know about used vehicles, auto dealer fraud, and other matters surrounding buying a used car, the better your chances are of having a positive experience with a used car.

If you feel that you have been a victim of used car fraud in California, Howard D. Silver may be able to help. As a California used car fraud lawyer, Mr. Silver is dedicated to ensuring that consumers’ rights are protected. For a free consultation of your specific situation, call 866-49-LEMON today.

Posted On: January 14, 2011

Are Vehicle Mechanical Defect and Safety Inspection Programs Effective?

While thinking about potential vehicle defects, design flaws, or mechanical problems can be a little daunting, it is important for motorists to be aware of possible risks associated with their vehicle and to stay on top of maintenance and repair.

According to a Patriot-News story, there has been a significant amount of debate throughout the United States over whether vehicle safety inspection programs are effective. New Jersey and Washington, D.C. have recently eliminated their vehicle safety inspection programs, citing claims that no conclusive evidence demonstrates the necessity for these tests. On the other hand, a 2009 Cambridge Systematics Inc. report commissioned by the Pennsylvania Department of Transportation states that without vehicle safety inspections, the number of Pennsylvania fatal car accidents could be expected to increase between approximately 127 and 169 accidents each year. The study also concludes that inspection programs “appear to be a significant factor in lowering fatal crashes” throughout the United States and that a reduction in deadly accidents is most prominent in vehicles that are over 3 years old.

Moreover, a study conducted in Missouri, which requires vehicle safety inspections, concluded from 2006-2008 fatal accident figures, that one in 120 fatal accidents in Missouri involved a vehicle defect, compared with one in 84 defective vehicle-related fatal crashes in states that do not require inspections or have restricted inspections.
Less than 20 states require car owners to get regular vehicle safety inspections. While some states that have cut inspection programs assert they will save millions annually, the question remains as to whether motorists in these states may be at heightened risk due to mechanical defects or other safety issues that are potentially overlooked or undetected in the absence of required inspections.

As a consumer, you have every right to assume that your vehicle’s use, value, or safety will not be affected by a defect or an otherwise irreparable problem. However, some vehicles do turn out to be lemons. Although encountering this issue poses many challenges, a California lemon law attorney can help you assess your options for obtaining a replacement vehicle or refund of your money. Call Howard D. Silver today at 866-49-LEMON for a free consultation.

Posted On: January 11, 2011

Do I Have a Lemon Vehicle?

This may be the question on your mind if you have experienced problems with your vehicle that cannot be fixed. Most of us take pride in our car and rely on it for our chief mode of transportation. This is why encountering irreparable issues can be unnerving and frustrating. However, if the same problem persists after a number of repair attempts, you may be entitled to a replacement vehicle or your money back.

Your vehicle may be a lemon if the problem you have been experiencing affects the vehicle’s use, value or safety. Also, a consumer cannot pursue a lemon law claim in California unless the problem with the vehicle is substantial. For instance, a person who is bothered by the static on their radio, a rattle or squeak, or would like the air conditioning to blow colder, may not have experienced a substantial nonconformity that would allow them to use the California lemon law.

If you’re wondering if your vehicle is a lemon under California law, the basic legal standard is does the vehicle conform to the manufacturer’s express warranty after a reasonable number of repair attempts.

The California lemon law is complex, and far too many misconceptions exist. To find out what your potential legal options are, please contact experienced California lemon law attorney Howard D. Silver. Call 866-49-LEMON today for a free consultation.

Posted On: January 7, 2011

NHTSA Creates Vehicle Recall and Auto Component Notification E-mail System for Consumers

As a major branch of the U.S. Department of Transportation, the National Highway Traffic Safety Administration (NHTSA) has made it easier for consumers to access information about vehicle and auto part recalls. Anyone with a working e-mail address can subscribe to the NHTSA’s Recall Notification E-mail System. Those who wish to register their e-mail address with NHTSA can select what type of auto component they would like to receive recall announcements for, including tires, child restraints, motorcycles, helmets, motorcycle equipment, and school buses. Moreover, there is an option to select up to five specific make and model year vehicle combinations. An individual can also choose to receive an e-mail regarding all vehicle recalls on a weekly basis.

According to NHTSA, prior to 2002, the agency on average received the following number of recalls per year:

  • 20 tire recalls

  • 8 child restraint recalls

  • 600 vehicle recalls

Vehicles can be recalled for various reasons, from a potential steering defect to poor door-lock design. On the other hand, a person who owns or leases a vehicle may experience reoccurring problems even after a number of repair attempts. If a consumer in California has encountered issues with a vehicle that affects its use, value or safety, they may have grounds to pursue a California lemon law claim. To learn more about your legal rights and options, get in touch with California auto attorney Howard D. Silver. Call 1-866-49-LEMON today for a free consultation.

Posted On: January 6, 2011

Potential Electrical Shorts, Steering, Stalling, and Airbag Problems Lead to Ford and Chrysler Vehicle Recalls

Thousands of vehicles are being recalled in separate campaigns by Ford Motor Co. and Chrysler Group LLC due to potential defects, CNN reports. Chrysler has announced the recall of almost 145,000 trucks and crossover wagons in three separate campaigns due to potential problems relating to steering, stalling, and airbag inefficiency. Ford is recalling about 19,600 trucks and crossover SUVs due to an electrical short that could cause a fire.

The recall of certain Ford 2011 model year F-150 trucks, Super Duty trucks (F-250 through F-550) as well as Edge and Lincoln MKX vehicles was initiated after fires broke out in the cabs of two F-150 trucks at a Michigan assembly plant in November and December.

Investigation into the Ford electric short revealed a body control module manufactured by Lear Corp. to be the source of the problem. It was also determined that in at least one incident, a circuit board shorted, leading to a vehicle overheating. Lear Corp. later discovered that an employee had improperly cleaned a soldering machine over the course of six days in October, increasing the chances of modules being contaminated and leading to internal shorts, overheating, and subsequent fires. No known fires related to the recalled Ford vehicles have been reported. Ford has stated that affected owners will be notified the week of January 10 and are advised to take their vehicles to their local dealers to establish whether the module was manufactured during the time frame in question and if repair is needed.

Anyone who has ever experienced problems with their car understands how much of a headache it can be, especially when a car must be taken in for multiple repairs for the same problem. What many consumers don’t realize, however, is that they may be entitled to a replacement vehicle or reimbursement under the California lemon law. Howard D. Silver has been helping consumers with lemon vehicles for many years and may be able to assist you with your specific issue. For a free consultation with a skilled lemon law attorney in California, call 866-49-LEMON today.