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What Is Uninsured Motorist Coverage and How Does It Work?
When a car accident occurs, it can be an emotional and stressful time. In the hours following a collision, the injured party will need to assess whether they have medical coverage or not. The next step is determining if their auto insurance company will cover for uninsured motorists. In most cases, when someone purchases auto insurance coverage for themselves, they are also getting uninsured motorist coverage as well - this covers the other driver in case he or she does not have any form of auto insurance protection. It can be a small consolation to know that auto insurance coverage - whether yours or the other driver's - will help pay for medical bills and vehicle damage in the hours and days following a car accident.
What Is Uninsured Motorist Coverage and How Does It Work?
If you're in an accident with someone who is uninsured, you'll almost certainly have to rely on your own insurance company to compensate you for your damages Uninsured motorist (UIM) coverage, which is usually an add-on protection, is your best bet. Uninsured motorist coverage generally only covers your bodily injuries.
Underinsured motorist coverage is similar to uninsured motorist coverage in that it pays for bodily injuries suffered in a collision with a driver who does not have enough coverage to compensate for your injuries. Your underinsured motorist policy kicks in to assist cover the gap between the other driver's coverage and the entire amount of your losses.
The period of time a policyholder has to file uninsured or underinsured motorist claim depends on your policy.
What Can Collision Coverage Do for You?
Collision coverage, which may be added to a car insurance policy, pays to repair your vehicle if you're in an accident, whether you're at fault, if the other at-fault driver is uninsured, or if you're hit by a hit-and-run driver. But remember that collision policy only covers the cost of repairing your automobile up to the limitations of your coverage, not your injuries.
Is It Possible to Sue an Uninsured Driver?
In this case, you can file a vehicle accident lawsuit, but even if you win, it may be a hollow victory. There's no assurance that if you get a judgment against an uninsured motorist, you'll be able to collect the money (or any portion of it). Due to the fact that an uninsured driver may not have many assets, enforcing the judgment may be a lost battle.
Los Angeles Auto Automobile Accidents Attorneys
If you've had serious injuries that aren't covered by proper insurance, it's important to speak with a knowledgeable automobile accident lawyer about your alternatives. Find out how an attorney might assist you with a vehicle accident claim. Contact a Los Angeles attorney today at {meta.phoneFormatted} for a consultation.
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What You Should Know About Disabled Vehicle Incidents
It's an unnerving feeling when you're driving and all of a sudden your car stalls. When you're stranded with an undriveable vehicle on the highway, oncoming motorists are likely to be speeding. If the motorist is distracted, inattentive, or intoxicated, they may not be able to maneuver out of the way quickly enough to prevent colliding with you. Low visibility, bad weather, or a motorist's view being blocked by a large truck ahead of them can all contribute to a collision with your already damaged vehicle. In this article we'll discuss what should happen if you find yourself stranded on the highway with a vehicle that is undriveable.How Do Collisions With Disabled Vehicles Occur?
If you're on the highway, the dangers are greater because other drivers will be speeding past at high speeds. In California, roadside and shoulder of the road crashes involving disabled automobiles may occur in the following scenarios:- A careless driver fails to notice your vehicle and crashes into it while you are inside.
- While you are outside your vehicle, a careless driver fails to notice you and hits you.
- A motorist hits your crippled car on the side of the road due to a poorly managed construction site or improper road design.
- A careless driver is navigating recklessly or violently switching lanes, causing them to collide with your crippled vehicle.
Is a Manufacturer Liable in the Event of a Disabled Vehicle Crash?
The law of product liability may apply in a circumstance where the driver had meticulously maintained the vehicle but it was nevertheless inoperable due to a manufacturing defect. Injured victims in California who are involved in a disabled vehicle accident may be eligible for compensation from a variety of sources, including the vehicle manufacturer. The issue of whether a manufacturer is liable in the event of a disabled vehicle crash can be complicated. Manufacturers are not liable for accidents that occur due to driver error, but they may be if the disabled vehicle was caused by design flaws or manufacturing defects. Manufacturers are not always aware of design flaws or manufacturing defects, and it's difficult to determine who is at fault in these cases because many factors contribute to an accident. However, there have been instances where manufacturers were found negligent after incidents.Drivers on the Side of the Road: Some Recommendations
If you are trapped in the middle of the highway;- Keep your hood up to warn other drivers that something is amiss with your car.
- The warning lights on your vehicle should be switched on.
- If you opt to stay in your car, fasten your seatbelt.
- Keep in mind that a car that is not paying attention to the road could hit you from behind.
The California Comparative Negligence Doctrine
Even if you share some of the blame for your handicapped vehicle accident in California, you may still be entitled to seek compensation from the other at-fault driver. However, the amount of compensation you receive will be proportional to your degree of fault. For example, even if you are 90 percent to blame for an accident, you can still recover 10% of the losses from the other at-fault person. California uses a "pure comparative negligence" rule in this regard.Get Legal Assistance for Your Disabled Vehicle Accident
If you or someone you know has been involved in a disabled vehicle accident, feel free to give our office a call and get the compensation you need for your case. To reach our office, dial {meta.phoneFormatted}. - Read More
Making a False Report of a Fire
What Penal Code Governs Making a False Report of a Fire?
Making a false report of fire is governed under Penal Code 148.4. Under this penal code, it is illegal to do any of the following willfully and maliciously:- Tamper with or break a fire alarm or fire protection equipment;
- Trigger a false fire alarm;
- Make a false fire report;
- Send, give, transmit, or sound a false fire alarm.
What Are the Penalties Involved for Violation of Penal Code 148.4?
The penalties involved in violating the penal code for making a false report of a fire can either be prosecuted as a felony or a misdemeanor.When is a Violation of Penal Code 148.4 Considered a Felony?
Violation of the penal code is considered a felony when an individual willfully and maliciously does the following:- Sends, gives, transmits, sounds any type of false fire alarm by using a fire alarm system or other means;
- That results in either great bodily injury and/or death.
When is a Violation of Penal Code 148.4 Considered a Misdemeanor?
Essentially, violation of the penal code is considered a misdemeanor when an individual does the same acts as listed above. However, the difference here is that there are no deaths or great bodily injury that results from the individual's acts. The penalties that an individual can face include up to one year in county jail and/or paying fines of up to $1,000.What Does Willful and Malicious Mean for Purposes of Penal Code 148.4?
To do something willfully means that the individual intended to do the illegal act on purpose. Additionally, to do something maliciously means that the individual's purposeful conduct was intended to either injure, annoy, or otherwise do something wrong.Can a Conviction of Penal Code 148.4 be Expunged?
A Penal Code 148.4 PC conviction can be expunged if it was charged as a misdemeanor. On the other hand, a felony conviction that resulted in serving time in state prison would not qualify for an expunged.Los Angeles Criminal Defense Attorney
If you or someone you know has been charged with violating Penal Code Section 148.4, contact our Los Angeles criminal defense attorney at {meta.phoneFormatted} for a consultation. - Read More
Improperly Denying a 995 Motion
What is a 995 Motion?
A 995 motion is another name for a Motion to Set Aside Information. This is a motion that the defendant in a criminal matter may make. In other words, this motion asks the judge to dismiss all or part of the criminal charges that are pending before an individual in a criminal matter. The argument here is that the judge in the preliminary hearing ruled incorrectly finding that there was enough evidence for the matter to go to trial. A motion to set aside information is governed by Penal Code 995.What Are Your Options if a 995 Motion Was Improperly Denied?
If a 995 motion is improperly denied, the following options can be taken by the defendant:- File a petition for a writ of prohibition in the court of appeals;
- File a petition for a writ of habeas corpus in the trial court, appellate court, or California Supreme Court; or
- Continuing the plea bargain.
How Does a Petition for Writ of Prohibition Work?
A petition for writ of prohibition is governed by Penal Code 999a, which states that the defendant has 15 days after their 995 motion was denied to file a petition if their 995 motion was made because the defendant had been indicted without reasonable or probable cause or that the defendant had been committed on information without reasonable or probable cause. A copy also needs to be served to the District Attorney.What is an Arraignment?
An arraignment is part of a criminal matter where the defendant enters a plea, whether guilty or not guilty or no contest.How Does a Petition for Writ of Habeas Corpus Work?
A writ of habeas corpus petition works similarly to the way a petition for writ of prohibition does. However here, Penal Code 1508 states, the Supreme Court or Court of Appeals can return the matter before the issuing judge/court or to the court below it. Thus, if the trial court denies the petition, the defendant can then file a new petition in the court of appeal. However, if the court of appeal denies the petition, the defendant can then can have the Supreme Court review the petition by filing a petition for review. The defendant may also file another petition that would invoke California Supreme Court's habeas jurisdiction.How Does Continue a Plea Bargain in a Criminal Case Work?
Plea bargaining allows the defendant to negotiate and use leverage. In other words, the defendant can further poke holes in the prosecuting agency's legal theory and further highlight how the issues found at the preliminary hearing may become an issue for the jury to return a guilty verdict.Los Angeles Criminal Defense Attorney
If you or someone you know has been denied of their 995 motion, we invite you to contact our Los Angeles Criminal Defense Attorney at {meta.phoneFormatted} for a consultation. - Read More
Senate Bill 9 Housing Development
What is Senate Bill 9?
Senate Bill 9 is a new law that was signed on September 16th that rezones single-family neighborhoods and urban parcel splits. The bill covers housing development.How Will Senate Bill 9 Change State Law?
Senate Bill number 9 will provide the following changes:- The Bill allows homeowners around the state to divide their property into two lots; and
- Allows homes to be built on each of those lots that otherwise would only allow one home/unit on the lot.
How Will Single-Family Residential Zones Change?
Single-family residential zones will allow for partial or full teardown of an existing single-family home to create residential units that can be sold separately will be allowed.Does Senate Bill 9 Work Together with ADU Law?
Yes, Senate Bill Number 9 works together with ADU law.What is a Accessory Dwelling Unit "ADU"?
ADU stands for accessory dwelling unit. Also known as "backhouses" or in-law units that typically constructed on property with an existing single-family house/unit.How Do Senate Bill 9 and ADU Work Together?
Under Senate Bill 9, more ADUs will be built on land that has an existing single-family residential unit without the public's review. Additionally, it is important to note that local ordinances will be observed in that those local ordinances that physically stop constructions of units cannot be enforced. An example of local ordinances includes those that preserve views or allow designated areas for bike paths.May the Single-Family Home Be Demolished?
Yes, the single-family home may be entirely demolished if tenants have not lived in the home during the past three years otherwise, only 25% of the home may only be demolished. However, local ordinances that allow more than 25% of the home to be demolished can override the 25% limitation.Does Senate Bill 9 Have Any Limitations?
Yes, Senate Bill 9 does have limitations, which are as follows:- Low-income housing units cannot be changed or demolished;
- Those units that have been rented within the last three years cannot be changed or demolished;
- An individual who is applying to subdivide a lot must live in one of the units for at least three years;
- Each subdivided lot must be at least 1,200 square feet and about the same size.
Real Estate Attorney
If you or someone you know owns the land and is thinking about taking advantage of Senate Bill 9, please contact our real estate attorney at {meta.phoneFormatted} for a consultation. - Read More
Does California Have Employment Discrimination Laws?
Yes, California has discrimination laws. Employers who discriminate against a protected class of employees or job candidates are breaking the law, according to the California Fair Employment and Housing Act. Victims of workplace discrimination have the right to sue their employer for monetary damages.How Can I Tell Whether I've Been Treated Unjustly Due To Discrimination?
Evidence of discrimination in the workplace could include demonstrating that particular groups of employees are treated differently than others. It could also involve abrupt shifts in an employer's attitude toward an employee after learning that the individual belongs to a protected group. If you think you are being discriminated against, please look for the following examples:- Unprecedented shifts in work performance evaluations
- Eliminated from meetings and events
- Changes in work responsibilities or an increase/decrease in workload
- Various types of rule enforcement involving workers from various backgrounds
- Company's failure to discourage racist or sexist jokes in the workplace
- Bantering about accent or sexual orientation
- Ignorance towards such persons
Is It Considered Discrimination If I've Never Been Hired?
Before an individual is ever hired, employment discrimination rules apply to job applications, job seekers, and interview circumstances. Improper job application forms or interview questions could be a symptom of probable employment discrimination. When an employer asks a person these questions, they may be breaking the law.- Nationality
- Ancestry
- Race/Religion
- Sexual preference
- Disability, either mental or physical
- Record of Arrests
After Being Discriminated Against, How Long Do I Have To File a Lawsuit Against My Employer?
It is a civil right under California law to be able to seek and keep work without being discriminated against on the basis of race, religion, sexual orientation, or other forms of unlawful discrimination. Employees who are discriminated against might launch a discrimination lawsuit against their employers. You only have a limited amount of time to initiate a lawsuit against your employer for discrimination in the workplace. The time restriction is determined in part by the manner in which your complaint was handled. However, depending on the circumstances, these dates may be extended or shortened. The time limits to file a lawsuit vary depending on if its a federal discrimination lawsuit or a California discrimination law suit. See below for details.Violations of California's Discrimination Law
In general, you must file a complaint with the DFEH within three years of the latest act of discrimination or retaliation in the workplace. Before you can bring a case in civil court, you must first get a Right-to-Sue notice. You have one year from the date the state sends you a notice of your right to sue or does not pursue your claim to file a lawsuit in state court.Violations of the Federal Discrimination Law
You have 180 days to file a federal employment discrimination complaint. However, if a state or local agency enforces employment discrimination statutes on the same premise as the EEOC, the period can be extended to 300 days. Employees in California would have 300 days to submit an EEOC complaint for the majority of employment discrimination claims. You must first get a notice of right to sue in order to file a federal employment discrimination claim. After receiving a notification of right to sue from the EEOC, the employee usually has 90 days to bring a civil case.Discrimination Other Than Employment Discrimination
Aside from employment discrimination, there are other types of discrimination as well. Some of the other types of discrimination are related to housing, education, and finances such as loans or sales.Have More Questions About Discrimination Laws?
If you or someone you know has been discriminated against at the workplace, feel free to contact KAASS Law today at {meta.phoneFormatted}. Our specialized employment attorneys will be able to assist you with this matter. - Read More
How Do Real Estate Agents Breach a Contract?
When a real estate agent agrees to help someone in the sale or purchase of real estate, they typically enter into a listing agreement or purchase agreement. This contract creates an agency relationship that legally subjects real estate agents to "fiduciary duties." Fiduciary duties are a set of legal obligations that require them to act in the best interest of their clients. These specific duties include:- Loyalty: requires agents to act only in their client's best interests, and nobody else's
- Reasonable Care: requires agents to use reasonable care and diligence when assisting their clients
- Confidentiality: requires agents to keep information confidential that would hurt the bargaining position of their client (given withholding said the info would not be a contract breach)
- Disclosure: requires agents on both sides to disclose certain information that would be helpful to their party
- Obedience: requires agents to obey their client's requests and fulfill them in a timely manner (this excludes requests to illegal acts or those out of their scope)
- Accounting: requires agents to account for all money or assets entrusted to them by the client
Breach of Loyalty
Loyalty refers to the duty of the real estate agent to act only in the client's best interests when assisting them in their affairs. This means that doing something during the home buying/selling process that is meant to serve the agent's or a 3rd party's interests could constitute malpractice, even if it was not necessarily detrimental to the client.Breach of Reasonable Care
Real estate agents and brokers are expected to use a certain standard of care when handling their client's real estate transactions. The standard of care for agents is that of a competent real estate professional, one who has significantly more knowledge of real estate than the average person. Failure to act within the required standard of care would be a breach of contract.Breach of Confidentiality
It is required that agents do not disclose information that would hurt their clients' chances of buying or selling a home for the best possible price. However, they are not required to remain confidential withholding the information would be a contract breach act itself.Disclosure
While certain information must be kept confidential by real estate agents, they also have the duty to disclose certain information when they are both buying and selling a property. A realtor assisting someone with buying a property must disclose information such as:- The lowest possible price that they know the seller will accept
- Any issues or defects with the property that they know of
- Other offers that have been made on the property
- All offers made on their property and the identity of the people make them
- Anything that may affect the property value
- A buyer's intention to "flip" their property upon sale (buy and sell shortly after for profit)
Obedience
Obedience simply means that the agent must obey the commands of their clients unless those requests are outlawed by either their contract or the law. The client has the ultimate say in whether they should take an offer or wait for a better one, for instance. The client cannot, however, tell them to hide the fact that the air conditioning unit must be replaced.Accounting
Accounting refers to the agent's duty to safeguard and keep track of all money and documents entrusted to them. This makes it their responsibility to make sure they correctly bill the client and do not release private or sensitive information, especially if it would hurt their bargaining power.Glendale Real Estate Attorney
If you or a loved one believes your agent and/ or broker has breached their contract with you, we invite you to contact our real estate attorney today at {meta.phoneFormatted}. - Read More
How Is Liability Established In An Underride Collision?
What Is an Underride Collision?
One of several risks of tractor-trailers is that they are significantly higher off the ground than passenger cars, and a smaller vehicle can wind up sliding under the trailer in the event of a collision. This is known as an underride collision, and if you've ever been in one, you know how dangerous they can be. When the front of one vehicle collides with the rear of another, it is possible for the first car to go underneath or above the second car. This often results in severe injuries because there are not any parts on top to absorb energy from an impact like seat belts or airbags. Underride has the potential to crush entire cars, leaving victims with severe and disfiguring injuries. Unfortunately, far too many of these collisions result in death. If you've been seriously injured or lost a loved one, you're in for a long and difficult journey.How Is Liability Established During an Underride Collision?
Naturally, when a truck is rear-ended, the trucking business will argue that the back vehicle's driver is to blame. After all, truckers are no more capable of regulating the vehicle in front of them than any other driver. The truck driver and the trucking firm, on the other hand, are responsible for ensuring that their vehicle does not pose a hazard to other cars, including those approaching from behind. The following are some of the reasons a truck driver could be at fault for an underride collision:- The truck was illegally parked in a dangerous area, or the trailer was projecting onto the road, posing a hazard to other motorists.
- The truck's signal or stop lights were out, making it difficult for other drivers to detect the truck until it was too late to avert a collision.
- The trucker performed a risky action in front of a car, such as a lane change, and the other motorist had little time to respond.
- Before turning, changing lanes, or performing any other action that required the vehicle to slow down, the trucker failed to indicate.
Get Legal Assistance with an Underride Collision
Truck collisions are typically high-stakes situations, but they're even more so when underride is involved. Multiple insurance firms are usually always involved: the cab and trailer each have their own policies, as do the manufacturer and any other parties involved (such as other involved vehicles). The idea is to take immediate action before legal deadlines pass and crucial evidence vanishes or is lost. We can begin protecting your rights and advocating for your needs as soon as you speak with an attorney. There will be more obstacles in your way, but you won't have to tackle them alone. To talk with an expert underride accident attorney about your case, contact us immediately. - Read More
Are Intersection Accidents Avoidable?
Intersections are usually dangerous since they have many lanes of traffic and pedestrians crossing the road with many drivers in vehicles who don't pay attention. A short error in judgment on the part of another driver is all it takes to transform someone's life forever. Drivers must be aware of their surroundings and other drivers on the road to avoid these crashes. Intersections with a high volume of traffic can pose greater risks because more people may be driving through at any given time. It is important for drivers to take caution when approaching an intersection to reduce the risk of an accident or injury.How Do Intersection Accidents Occur?
Intersection collisions are frequently side-impact events in which one vehicle's front end collides with the driver or passenger side of another. Because the side of an automobile offers significantly less protection than the front and back, these collisions can be fatal. Vulnerable road users, such as cyclists and pedestrians, are commonly involved in intersection crashes. A split-second change in who had the right of way could determine who was at fault in a junction incident. Witnesses may vary as to which automobile entered the intersection first or what color the traffic signal was. Car accidents and collisions continue to occur at junctions throughout Los Angeles. You are entitled to compensation regardless of where you were harmed and whether or not a reckless driver was to fault.Intersection Collisions in Los Angeles: The Most Common Causes
Intersection accidents are caused primarily by driver negligence, not only in Los Angeles but throughout California. This is because they are primarily caused by driver negligence, not only at intersections but anywhere on the road. When drivers run red lights or stop signs, it increases their risk of having an accident. The following are the most typical reasons of intersection collisions: Failure to Stop at a Red Light – At a red light, all drivers must come to a complete stop. Failure to do so may result in a collision with drivers who have the green light or who are turning left. Also, before performing a right-hand turn, a driver must come to a complete stop. When drivers fail to do so before turning, they are more likely to miss oncoming vehicles or pedestrians attempting to cross, resulting in catastrophic intersection collisions. Accelerating to pass the Yellow light – A yellow traffic light warns vehicles that the light is about to turn red, indicating that they should slow down and stop. Los Angeles drivers, on the other hand, are frequently in a hurry and race through intersections in order to beat the light. Drivers frequently violate the speed limit, colliding with other vehicles in the intersection. Rear ending collision – Rear-end collisions are the most common form of car accident in Los Angeles, with majority of them occurring at junctions. Aggressive drivers behind them frequently rear-end drivers who slow down for yellow lights or fail to recognize that the light has changed from red to green. Making a left turn – Before proceeding with a left turn at an intersection, drivers must look for incoming traffic and pedestrians. Because left-turn accidents are so common in Los Angeles, arrow signals are being put at junctions to limit the amount of left-turn accidents. If you have been involved in an intersection collision, please do not hesitate to give us a call. Our attorney will be able to help you receive the right compensation for your case. Give our office a call at {meta.phoneFormatted}. - Read More
Criminal Injuries and Compensation for Victims of Crime
Can an Injured Person Seek Compensation for Damages?
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. "Damages" refer to harm that may have been done in the form of:- Bodily injuries
- Damage to property
- Emotional distress
- Pain and suffering
What Are Some Common Examples of Crimes That Result in Injuries?
Below is a list of crimes that typically result in extensive damages to victims:- Driving while intoxicated
- Assault
- Battery
- Crimes involving firearms and weapons
- Sex Crimes
- Murder, torture, and extreme acts of violence
What are Defenses that a Criminal Will Use to Protect Themseves from Paying for Damages Caused to a Victim?
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:- The crime was not the cause of the damages in question
- The estimate for compensation of damages is excessive
Criminal Injury Attorney in Los Angeles
If you or a loved one is a victim of a crime and has suffered an injury and/or sustained damages, we invite you to contact our criminal Injury attorney in Los Angeles today at {meta.phoneFormatted} for a consultation and case review.