San Diego Truck Defect
San Diego Truck Defect Lawyers
California Lemon Law Attorneys Fight to Protect Truck Owners’ Rights
California has nearly 13 million registered trucks on its roads. About 488,000 of these trucks are registered in San Diego County and much more travel on San Diego’s roads and highways throughout the year.
Many of these trucks run safely, thanks to proper manufacturing, good maintenance, and regular safety checks by drivers and owners. Yet some trucks have persistent defects that cause ongoing problems, no matter how careful their drivers and owners are.
Both passenger pickup trucks and particular larger trucks are covered by California’s lemon laws, although some conditions apply. If you’re dealing with a defective truck, talk to the experienced San Diego truck defect and lemon law attorneys at Wirtz Law APC today.
Common Types of Truck Defects
Trucks are complex systems. Truck parts, engine systems, or electrical systems can have defects. If one or more components are affected, it can affect the total functioning of a truck.
The US Federal Motor Carrier Safety Administration (FMCSA) lists several signs that could indicate a truck defect. They include:
- Smoke from any part of the vehicle could indicate engine or brake problems;
- Leaking or spilling fluids could come from several parts of the engine or hydraulic brake systems.
- Other potentially dangerous or deadly defects include problems with gas caps, onboard diagnostic systems, side guards, mufflers, tailpipe emissions, and any part of the vehicle’s body, brakes, glass, lights, mirrors, suspension, or tires.
California Lemon Law and Truck Defects
California lemon law covers vehicles with persistent defects so long as an original manufacturer’s warranty or certified pre-owned (CPO) warranty is still in effect when the defect or defects are brought in for repair.
In addition, a vehicle’s owner must show that you have given the manufacturer a reasonable number of attempts to repair the truck. A reasonable number can be as few as two times. If you have brought your truck in two or more times for repairs during the warranty for the same or even different defects, you may have a lemon. As long as each defect is one which substantially impairs the use, value or safety of the truck, bringing in the truck at least two times my qualify your truck for a buyback or replacement under California’s lemon law.
Or, if your truck has been out of service for repairs for at least 30 days, you may not need two or more repair attempts. Each day the truck has been out of service for repairs counts toward the allowed thirty-day total, even if all the days didn’t coincide. Truck purchases and truck leases are covered by California lemon law, as long as a manufacturer’s or CPO warranty applies.
The lemon law does not cover purchases from private parties.
Does Lemon Law Cover Southern California Business Trucks?
Many trucks on San Diego’s roads belong to businesses that use them for many purposes. California lemon law covers business trucks if the company owns five or fewer vehicles total; and the suspected lemon truck has a gross vehicle weight of under 10,000 pounds.
The gross vehicle weight rating (GVWR) is the maximum safe weight the vehicle can carry or two. Often, a truck’s GVW is not the same as its GVWR. It is essential to use the correct calculation to know whether California’s lemon law applies. California lemon law uses the truck’s gross vehicle weight (GVW), not its gross weight rating. The gross vehicle weight is the truck’s total weight when it is empty. Gross vehicle weight is also known as “curb weight.”
Businesses must also meet the other requirements of California lemon law. For instance, the truck must still be under warranty, and a manufacturer must have made reasonable attempts to fix the issue, but the truck was not made free from defects in workmanship and materials during the warranty.
What Does California Lemon Law Cover?
If an automaker is liable under the state’s lemon law, it may owe a truck owner several different types of compensation. These include:
- A replacement vehicle or a refund. A refund or “buyback” is calculated according to a formula in the state’s lemon law. Truck owners can choose whether they want a replacement truck or a buyback.
- Incidental and consequential damages. This category includes money you had to spend because the truck was out of service or defective. For instance, if you had to rent a car for your small business because the one you purchased was in the shop, the rental fees may fall in this category.
- Civil Penalties. A civil penalty is additional damages paid to you for the willful failure of the automaker to follow the California lemon law. Successfully proving a willful failure may entitle you to additional damages up to two times the amount of your actual damages.
- Attorney’s fees and costs and expenses. If your claim succeeds, the automaker must pay your attorney’s fees and expenses.
Contact Our San Diego Truck Lemon Law Attorneys Today
If your truck is a lemon, we will take your case at no charge to you on a contingency fee basis. Wirtz Law APC provides one of the best Lemon Law attorney services everywhere in California, including Southern California, Central California, Eastern California, and Northern California.
If you’re dealing with a truck problem, contact Wirtz Law APC today. Our experienced San Diego truck defect and lemon law attorneys can help you resolve the ongoing issues of your vehicle and help get you back on the road safely. To learn more, schedule a free consultation today by calling us at (858) 259-5009.
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In Lemon Law Claims