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Personal Injury Blog

Motorcycle Accidents Without a Motorcycle License

Thursday, October 18, 2018

Los Angeles motorcycle accident lawyers

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.

Proving Fault

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:

  • Speeding
  • 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.


What to Do When a Truck's Cargo Caused the Accident

Thursday, September 20, 2018

Los Angeles truck accident lawyers

When we think of trucking accidents, we think of the pure negligence of just two parties. Either the driver did something wrong or the truck driver did something wrong. In many cases, negligence can fall to another party when it comes to the maintenance of the truck, but rarely do people in trucking accidents find anything else to blame outside of these two aspects. However, it can be common that not the truck, truck driver, or other driver is responsible. Sometimes, just the cargo of a truck is responsible for causing a terrible accident.

Trucking Cargo

The major benefit of using trucks to haul essentially anything is that it can haul several tons of equipment or freight fairly quickly. While the trucks themselves weigh a sizable amount, most of their weight comes from the freight they are hauling. This is why it is crucial that whatever is being hauled is strapped down appropriately and does not shift. If all this weight was to shift suddenly to one side, it can cause the truck to actually flip over. Alternatively, if it hits the doors hard enough, the freight can come spilling out the back and cause accidents as well.

Accidents with Trucks

So what happens when the cargo of a truck is responsible for the truck accident as well as any damages to other vehicles or pedestrians? The answer can differ depending on different factors. In some cases, truckers pick up cargo from sources and don't even really get a chance to glance at what they are carrying. Alternatively, they do have a responsibility to assure that everything is strapped down properly and of a safe weight to carry along the roads.

Who's at Fault?

When determining fault in a trucking accident caused by the cargo, it is important to know the specifics of the accident in order to determine and assign fault. In some cases, if the driver was weaving their truck through traffic, they could be the cause of the accident even if the place they picked up their cargo was responsible for strapping it down. If a trucker's actions were reckless, they contributed to the accident just as much as improperly securing the cargo did.

What to Do

In most cases of these accidents, however, you will be able to seek compensation for your damages in the accident from the trucking company. Even if the driver was responsible, they are often covered by their employer as an employee. So most often, you will want to pursue compensation from the trucking company and their insurance. While in a perfect world, if you were simply driving and had no part in the accident other than being injured or having your vehicle damaged, you should be able to get compensation for that no problem. Except, the world isn't perfect and the insurance of the trucking company will try to fight to give you the compensation you require. They can try to argue that you had some fault in the accident, but in most cases, they are just trying to cut costs.

It is due to the difficult nature of any accident lawsuit and because blame can be difficult to place in terms of cargo that you will want to consult an accident attorney. After the accidents, depending on the specific aspects of your accident, they can help you decide who to pursue compensation from and help you weather the inevitable fight for it. If you have been in a trucking accident, contact us today to see what we can do to help you. Let us go over your accident case and plot the best course of action, including how much compensation the damages that you suffered during it deserve.

Can You Make A Personal Injury Claim After a Hit and Run Accident?

Thursday, September 06, 2018


Hit and Run

In a perfect world, if you were struck by a car, whether you were a pedestrian or in a vehicle yourself, the other driver would stop and at least check if you are okay before exchanging information. However, the world is not perfect. Sometimes people get into accidents, panic, and then drive off never to be seen again. Where does that leave you, the victim of a hit and run? If we are honest, it often leaves you with a lot of medical bills and not a lot of clear options on how to handle them without using your own savings.

Personal Injury Claim

Typically when you are hit in an accident, you will file a personal injury claim with the person at fault and their insurance. However, in a hit and run accident, that other person is nowhere to be found. Do you have any options available to you?

Yes! What many forget about is that their own auto insurance coverage has coverage for uninsured drivers. This coverage also covers drivers who are nowhere to be found. As lawyers, we always encourage others to have reasonable uninsured driver coverage for this very reason, but even a small policy is better than no policy. Regardless, the fact that your own insurance can cover your medical bills is good news, but the more you get into it, the less good it gets.

Auto Insurance

The major issue is that an insurance company is an insurance company, be it your own or someone else's. A claims adjuster's job is trying to cut costs by denying claims or otherwise finding loopholes to limit your amount of coverage. Considering in this situation you are using an insurance policy that you pay for, it can be infuriating to have your claim denied or otherwise limited. All that money you paid them and they suddenly don't come through when you actually need it? Inconceivable, but likely to happen whether we like it or not.

It is for this reason that you still need the aid of a personal injury attorney when making a claim to your own insurance after an accident. You want to trust that they will treat you with the respect that a paying customer deserves, but it is not so. Your personal injury attorney can make sure that after a hit and run accident, your insurance company doesn't try to run away with the coverage you need.

Once you have made a claim to your insurance after a hit and run accident, the process is very similar to the process in which there is an identified other driver involved. Your medical records are gathered, your lost wages are calculated, pain and suffering is determined and then the amount is sent to your insurance company. Unfortunately, it is unlikely they will just decide to pay it without question. Instead, negotiations will begin between the insurance company and your lawyer. It is important that you and your legal counsel fight for an offering of a satisfactory amount and not just take the first counter offer that they present. Your lawyer doesn't inflate their calculations. The amount you asked for is money you lost, save for pain and suffering which should be the only amount that you allow to be lowered.

We Can Help

If you have been in a hit and run accident only to be left injured and confused about how you will cover your injuries financially, contact us today. The Law Office of Freeman and Freeman is dedicated to representing any injured party in their quest to get coverage for their medical bills. Let us help you get the compensation you deserve for injuries that weren't your fault.


What Should an Injured Passenger Do if Injured in an Auto Accident?

Friday, August 17, 2018

Auto accidents are traumatic for anyone involved. However, there is no denying that injured drivers have a certain amount of rights towards compensation for their injuries and we all know it. However, what if there injured passengers? Not every driver that gets into an accident is alone in the car, and if you were riding with friends or family during an accident, you might wonder if you have any right to compensation, especially since you had no part in the accident itself. However, rest assured that as an injured passenger, you also have certain rights to compensation to cover any resulting injuries.

Seeking Compensation From the Driver's Insurance

As an injured passenger, your first task - after healing, of course - is to determine the fault of the accident. We certainly don't want to pursue a claim against the driver of the car we were in because of any personal feelings for the driver, but it may be necessary. However, it is important to remember that you are not taking money straight out of their pocket, but rather your injuries will be covered by their insurance company if they were at fault. As an injured passenger, you have a legal right to file a claim with their insurance for your injuries. This claim will cover your medical expenses, any lost wages accrued due to healing, as well as a certain amount for pain and suffering.

Even if the driver of your car was at fault, you also still have the right to file a claim with the other driver's car insurance as well. This can be necessary because often auto insurance does not let passengers related to the driver file as they are seen as part of the insurance. However, you cannot collect from both insurance providers to an amount that exceeds the total value of the claim.

Using the Passenger's Policy

As an injured passenger with your own auto insurance policy, you may be able to get coverage for your medical expenses from your own policy. This coverage is not based on any liability and does not require the passenger to be at fault. However, using this method, typically pain, and suffering or lost wages are typically not covered. Yet, if there are any expenses that are related to your medical expenses, then your own auto insurance will typically cover it.

If you collect a portion from your own auto insurance and then later receive compensation from another driver's insurance, you may find a certain amount will be deducted from the liability settlement. Using your own auto insurance policy is a great option is you need coverage for your medical bills quickly but expect a certain amount of coverage later from a larger settlement.

Need Help?

With all the options above available to you, it actually makes getting compensation for an injured passenger more complex than for either of the drivers. Which option do you pick to suit your unique needs? It can be really difficult to figure out. If you are an injured passenger and need compensation for your medical bills now or simply want to make the most out of the coverage options you do have, contact us today. Don't let all the options you have available to you overwhelm you with choice, the right auto accident attorney can help you sort out which options are right for your unique needs.

If you were a passenger who was in an auto accident, contact us today. Let the Law Office of Freeman and Freeman help you get compensation for your accident so you can pay your medical bills now when you need to.

What to Do When Bicycle Brakes Failed to Work?

Thursday, August 09, 2018

When it comes to bicycle accidents, people will tend to think that either the cyclist or a driver was at fault and there is no in-between ground. After all, accidents due to careless motorists or cyclists crashing into objects accidentally are common in every city. However, there are times when an accident is completely out of a cyclist's control, like when they are riding and their brakes fail to engage. In these cases, often the law meets at a crossroad of product liability and personal injury suits.

When the brakes fail to engage on a bicycle, if there was another at fault for the accident, then you can pursue both a personal injury claim and a product liability claim. This does mean twice the work but can also mean double the chance at compensation for your accident. However, if you were the only one injured, then you need to consider your rights as the consumer because there is no other option to pay for your accident.

A bicycle injury can manifest itself as a product liability claim for the following reasons:

  • Manufacturing Defects - In this sort of claim, the injured cyclist will allege that the company that manufactured the bicycle or even just the brakes did not do so in the same quality standards as their competitors. In order for this to be a valid claim, the cyclist and their lawyer must prove the poor construction of the bicycle or breaks as well as prove it was defective when sold.
  • Design Defects - Similar to manufacturing defects, this sort of claim seeks to prove that the way the bicycle brakes were designed were innately flawed and dangerous. If the cyclist and their lawyer can dig up evidence of other brake failures by the same model of bicycle brakes, then the problem lies not in the manufacturing, but in the design of the product itself.
  • Failure to Warn - It is a product creators duty to warn consumers of potentially dangerous risks that come with their products. For example, any bicycle brake has the potential to lock up or fail to engage if certain conditions are met, but if the bicycle manufacturer failed to put a warning about that, then you can pursue them with a failure to warn claim because it is likely they cyclist won't know otherwise.

Personal Injury Claim or Product Liability

If you were involved in a bicycle accident that was technically the fault of another, but could have been avoided if your brakes worked properly, you can engage in both a personal injury case and a product liability claim. This will involve filing a personal injury claim with the other involved party and their insurance company as well as filing a separate claim against the manufacturer of the bicycle or the brakes.

As an example, if you hit a car door, the motorist would have been responsible for checking for cyclists before opening. However, if you were traveling at a moderate speed and your brakes did not engage, that accident could have been avoided. In this case, you can pursue both claims for compensation from your accident.

Unfortunately, as one would expect, two claims means twice the work. In order for the best chance of success at both claims, you need a lawyer by your side that can help you. If you have been in a bicycle accident, no matter whether it was the fault of another or a defect of your bicycle, then contact us today. The Law Office of Freeman and Freeman is dedicated to helping injured individuals get the compensation that they need to recover from their accident.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.