Once you get that standard driver’s license that many people get as teenagers, you can hop into most cars and be able to drive with a valid license. However, it doesn’t work the same for motorcycles. You need a special motorcycle license to legally ride on the road. While the licensing type and timeline varies from state to state, they all share this in common. However, while you should have a license while riding a motorcycle, not everyone does.
Sometimes motorcycle driver’s hit the road without a license for one reason or another. Yet, if they get into a crash, they believe that not having a license bars them from any legal action, but that isn’t true. It is important to remember that even if you don’t have a motorcycle license, you can still get coverage for a motorcycle accident if it was the result of the negligence of another.
If you were in a motorcycle accident without a license, the smart money is on the insurance of the other driver blaming you for the accident because you do not have a motorcycle license. However, with the help of a lawyer, you can completely negate this if the other driver was indeed to blame. Fault in a motorcycle accident can be laid by proving the other driver was doing something they should not have been. These incidents include:
- Running a red light
- Driving under the influence
- Following too closely
However, no one will just take your word for it. You need to be able to prove that the other driver was at fault. If you cannot, then you may, in fact, be barred from compensation. In order to prove fault, consider collecting evidence via the following:
- Photographs of the scene
- Police reports of the accident
- Witness testimony from the accident scene
- Blood alcohol content results from the driver
By being able to prove fault, you can still get compensation for your injuries and the damages to your vehicle.
Penalties for Driving a Motorcycle Without a License
While you will not be barred from compensation if the accident was not your fault even if you did not have a license, you will not get off without punishment. You will still get the accident covered with the right lawyer, but they should also help to prepare you for legal action. When in an accident without a motorcycle license, the police pretty much have no choice but to charge you. In California, this is a misdemeanor level crime, meaning penalties range from a fine of up to $1,000 and/or six months in jail. It is also likely that the police will confiscate your motorcycle until you receive the appropriate license.
The unfortunate thing about this potential legal action is that it is particularly difficult to defend against. Prosecutors need to only prove you didn’t have a license and that you were on an official roadway to get a conviction for driving without a license. However, the right lawyer can help to limit the punishments you receive from this.
If you have been in a motorcycle accident of any kind, whether you had a license or not, contact us today. The Law Office of Freeman and Freeman is no stranger to serious motorcycle accidents and we know how to fight to get you the compensation you deserve for injuries that are so often more serious than standard auto accidents. Just because you didn’t have a license or might have had some fault in the accident doesn’t mean you don’t deserve compensation for your damages. So let us help you fight the good legal fight.