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Can Someone Be At-Fault for a Collision on Icy Roads

Car Accident Lawyer The winter months are dangerous for drivers; sheets of ice, inclement weather, and snow all come together to make driving conditions less than ideal. It is common for the number of accidents to increase when cold weather sets in. If a car spins out on the ice or loses control, is it the driver’s fault? Can someone be held accountable for a collision if the ice was the cause? Yes, it is. Driving conditions are no excuse for lack of control. Personal Responsibility When you receive your driver’s license, you enter into a public agreement. The agreement you make is about personal responsibility. You have acknowledged an understanding of the law, and you have shown mastery over a vehicle.  Part of driving and mastery is the assessment of road conditions. Before you decide to get behind the wheel, you need to assess the weather and, in some minor way, perform a cost-benefit analysis against driving.  When you decide to travel the icy roads, you are making a conscious decision that your errands are worth the risks of travel. You are making a statement that you are capable of managing your vehicle safely in less-than-safe conditions. Therefore, you are taking on the responsibility of maneuvering your vehicle through the streets without incident. Unknown Variables Some motorists will argue that they had no way of knowing how icy the roads would be, but this is not an accurate or effective argument in most situations. If you are traveling the roadways after snow, sleet, or rain with freezing temperatures, it is fair to assume you might come into contact with ice.  While a motorist might expect the city to salt the roadways, that is an element outside their control. Therefore, when presented with the facts of the day — cold, snow, rain, sleet — ice is a natural assumption.  Taking a vehicle out despite the awareness for potential ice means the driver acknowledges and accepts the risks. Therefore, if a collision occurs because they hit a patch of ice, it results from their decision-making and not some unknown factor, meaning they can be held accountable for a crash. Obviously, there might be room for other variables that might negate the level of responsibility, but that is for the police and lawyers to decide. If you are considering taking your claim to court, contact a car accident lawyer, like Ward...
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Breach of Warranty Claims in Product Liability Lawsuits 

A product warranty is a guarantee a seller makes that a particular product will perform in a certain way or will live up to a specific standard. When that product fails to perform in accordance with the warranty or to meet the standard set by the warranty and a plaintiff is injured by this failure, they may sue for breach of warranty. There are three kinds of warranties: express warranties, the implied warranty of merchantability, and the implied warranty of fitness.  Express warranties are made by the seller, whereas implied warranties are imposed by the Uniform Commercial Code, which governs the sale of goods. All product manufacturers must sell goods that perform as they are expected to perform and that satisfy general quality standards. State laws determine how long after an injury a consumer may sue for breach of an implied warranty, so you need to check your state’s laws if you are considering suing a manufacturer for breach of warranty.   Express Warranty An express warranty is a specific guarantee made by the seller about the product. An express warranty is usually set forth in a sales contract, but also might be contained in a seller’s oral representations that a product will perform in a specific manner. A sales contract can be used as evidence of an express warranty in a breach of warranty lawsuit. The Uniform Commercial Code, which governs the sale of goods, allows a seller to exclude all express warranties. For example, if you buy a washing machine and the seller promises you that it will work without needing repair for five years and the washing machine breaks after three years, the seller has breached an express warranty.  Implied Warranty of Merchantability The implied warranty of merchantability is a guarantee that the product does not contain a design, manufacturing, or warning defect. Every product contains an implied warranty of merchantability by virtue of the seller holding it out for sale. The seller thus makes an implied promise that the product is fit for the purpose for which it is sold. If a product is defective and thus not fit for its purpose, an injured plaintiff can sue for breach of the implied warranty of merchantability in addition to their claims for design, manufacturing, or warning defect. For example, if your washing machine leaks and doesn’t properly wash clothes, you may be able to sue the manufacturer...
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What to Know About the Statute of Limitations

If you wish to file a personal injury claim, you need to fulfill several requirements, one of which is making sure that you submit your claim before the statute of limitations is up. The statute of limitations is the deadline by which you must submit a claim for it to be processed. If you fail to do so, your claim may get dismissed and you could lose out on your chance of recovering compensation for your losses. A personal injury lawyer like one from Greenspan & Greenspan, P.C. can explain to you what you should know about the statute of limitations. Understanding the Statute of Limitations The statute of limitations varies from state to state, so you must find out what the deadline is for your state. For many personal injury claims, the average is two to three years. This means that you have a limited amount of time from the date of the accident to begin the claims process, starting with paperwork. Talk to a lawyer for more information about what you need to do in order to get your claim processed in time.  Missing the Deadline Several unexpected issues can arise while you are gathering your documents and preparing your case information. In the event that you end up missing the deadline, you will likely lose your right to file a claim. Once they find out that you missed the deadline, the defendant may try to get your case dismissed.  Exceptions to the Rule There are unique exceptions if your case meets certain conditions. You may be able to extend your filing deadline for various reasons, such as if the at-fault party moved to a different state and cannot be located, or if you have a disability. A lawyer can explain to you in detail about the exceptions and whether or not you can be granted an extension.  Understanding how statute of limitations works and how they apply to your case can be confusing. With the help of a personal injury lawyer, you can get the full information that you need so that you can file your claim on time. If you are not mindful of the time limit to file your claim, you can run into delays or issues which can cause your claim not to be processed. Reach out to an experienced and trusted personal injury lawyer now if you have...
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What Qualities Make a Good Lawyer? 

What Qualities Make a Good Lawyer?  It is no secret that personal injury cases are a frequent occurrence in the United States. These are cases that involve civil wrongs or damages caused by another person’s negligence. Which can be a number of things like, slip and falls, animal attacks, car accidents, defective products, wrongful death, or medical malpractice.   If you are looking for a personal injury lawyer to handle brain bleeding then you need to know what to look for. Finding the right lawyer is going to take some time and you are going to have to do some homework to make sure they fit your needs. If you are looking for a lawyer then read on to see what you should be looking for.  3 Qualities to Look For  Every personal injury case is going to be unique due to the circumstances under which it occurred. All reputable lawyers are going to share certain qualities that make them good at what they do. Here is what you should look for in your lawyer.  Knowledge of the Law, Specifically of Their Speciality  You want someone who knows how to tackle a brain bleed case. These cases require a specific set of skills that only those who work with this type of case know. Think about it this way: you wouldn’t want your general practitioner doing brain surgery on you, so why would you want someone who only specializes in slip and falls to handle your case? Ask your lawyer what their specialty is to help you narrow down your list of prospective lawyers.  Experience  You will benefit the most from hiring a lawyer who has experience taking cases to trial. Now, that doesn’t mean your case has to go to trial but you want someone who can handle it if it does. You will want someone who knows what they are doing and how it is done. Also knowing the judges is a great way for your lawyer to know how the case may go. You also need someone who has experience with your type of case. If they have never touched a case like yours then you should find someone else.  Proven Track Record  You want someone who has a proven track record in winning their cases. Simply put, the higher the number of successful cases the lawyer has had, the better. You don’t want someone who is...
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What Qualities Make a Good Lawyer? 

What Qualities Make a Good Lawyer?  It is no secret that personal injury cases are a frequent occurrence in the United States. These are cases that involve civil wrongs or damages caused by another person’s negligence. Which can be a number of things like, slip and falls, animal attacks, car accidents, defective products, wrongful death, or medical malpractice.   If you are looking for a personal injury lawyer to handle brain bleeding then you need to know what to look for. Finding the right lawyer is going to take some time and you are going to have to do some homework to make sure they fit your needs. If you are looking for a lawyer then read on to see what you should be looking for.  3 Qualities to Look For  Every personal injury case is going to be unique due to the circumstances under which it occurred. All reputable lawyers are going to share certain qualities that make them good at what they do. Here is what you should look for in your lawyer.  Knowledge of the Law, Specifically of Their Speciality  You want someone who knows how to tackle a brain bleed case. These cases require a specific set of skills that only those who work with this type of case know. Think about it this way: you wouldn’t want your general practitioner doing brain surgery on you, so why would you want someone who only specializes in slip and falls to handle your case? Ask your lawyer what their specialty is to help you narrow down your list of prospective lawyers.  Experience  You will benefit the most from hiring a lawyer who has experience taking cases to trial. Now, that doesn’t mean your case has to go to trial but you want someone who can handle it if it does. You will want someone who knows what they are doing and how it is done. Also knowing the judges is a great way for your lawyer to know how the case may go. You also need someone who has experience with your type of case. If they have never touched a case like yours then you should find someone else.  Proven Track Record  You want someone who has a proven track record in winning their cases. Simply put, the higher the number of successful cases the lawyer has had, the better. You don’t want someone who is...
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