Commercial real estate attorneys operate to protect individuals and enterprises from financial pitfalls when buying, selling or leasing commercial property. Most homebuyers rely on their realtor to ensure a reputable local attorney handles the contract's legal elements. However, business owners should prioritize enlisting an experienced commercial real estate lawyer when buying, selling, leasing, developing, or engaging in commercial property transactions.
Why Hire a Commercial Real Estate Attorney
Closing a commercial real estate transaction can be complicated; from negotiating the purchase price to minimizing the buyer's or seller's risk, real estate attorneys protect their client's interest. Below we offer a few reasons you should consider partnering with an experienced attorney when buying or selling commercial real estate.
As a business owner, you probably lack the necessary time to discern the legalities of buying or selling commercial property, nor would you desire it. It only makes sense to engage an attorney to perform due diligence, ask the right questions, look at the facts objectively, and take on your concerns, leaving you free to focus on what matters most, your business.
Protect Your Interests
When buying commercial real estate for your company, hiring an attorney protects your interests by ensuring the contract is fair. In addition, a commercial real estate lawyer can protect your interest by negotiating exit procedures should the deal fall through and if hidden environmental or structural issues arise after closing the deal.
When considering a property that appears to be "too good to be true," an attorney can investigate on your behalf. For example, you find a commercial property that seems like a great deal, but what happens if the building has a tax debt of $125,000? An experienced real estate attorney can research land or property for liens or tax debt, helping you avoid a bad investment, or negotiate a price reflective of the lien or tax debt.
Commercial real estate contracts can be quite extensive and wordy. Unlike Realtors, real estate attorneys do not make a commission. Your attorney works for you alone; they do not have a stake in whether the deal falls through or not as real estate agents do. Real estate attorneys provide unbiased advice that serves your best interest, with the possibility of saving you money.
Understand Zoning Laws
Maximizing your commercial investment means knowing when to buy and sell your property. Zoning laws determine which types of development are available on the property. Knowing your property's zoning laws makes it simpler to find the right buyer when you decide to sell.
How Commercial Real Estate Attorneys Help Businesses
Commercial real estate transactions necessitate a comprehensive understanding of business and real estate law, real estate and financial transactions, and tax implications. Astute real estate attorneys will keep you apprised of terms and legalities, inform you of potential challenges that may arise in the negotiation and purchase process, and help you obtain the best purchase terms to support your business goals.
Purchase and Sales Agreements
A well-written purchase or sales agreement clearly defines the buyer's and seller's obligations, rights, and liabilities. The details of the contract will save you time, and money should conflict arise.
A lease agreement outlines such terms as the lease start date, rent, renewal details, and additional liabilities. Both tenants and owners benefit from enlisting a real estate attorney to review the details of the lease.
New Construction Agreements
Do you know your buyer rights when purchasing new construction? A real estate attorney should review any documents or contracts prepared by a builder to ensure your buyer's rights are protected.
Under eminent domain, it is possible the government could take ownership of a commercial property for public use. Property owner rights vary by state; an experienced real estate attorney can be a valuable asset when eminent domain issues arise.
Title Insurance or Title Exams
Title insurance is a critical element of a commercial real estate transaction. A real estate attorney can negotiate the best deals to protect the buyer's assets.
Commercial Lease Disputes
When commercial real estate disputes arise, an attorney can help enforce your rights as defined in the lease agreement through negotiation or litigation if necessary.
When considering buying or selling commercial property, the commercial real estate attorneys in Lake Charles, Louisiana, Lundy, Lundy Soileau & South, LLC have more than 100 years of experience handling commercial and residential real estate issues. Contact Lundy Law today to discuss your purchase or sales transaction.
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While many factors can contribute to commercial truck accidents, far too many are preventable. Commercial trucks can have a maximum weight of 80,000 pounds, depending on the load they carry; while the average passenger vehicle only weighs 3,500 pounds.
In addition to the weight of an 18-wheeler, the cargo it carries can also be hazardous, possibly resulting in further injury if involved in an accident. The U.S. Department of Transportation estimates that of the approximate 500,000 18-wheeler accidents per year, 5000 result in death.
Of the 5000 fatalities resulting from semi-truck accidents, seventy-two percent were occupants of other vehicles, 13 percent were pedestrian - motorcycle and bicycle riders, while 14 percent were truck drivers. Commercial trucks represent 4 percent of registered vehicles, but they cause 9 percent of annual roadway collision deaths.
Truck driver drug and alcohol use is widely believed to be the culprit of these commercial truck accidents, but statistics disagree. Roughly three percent of truck accident fatalities are the result of alcohol and drug use.
CRUCIAL FACTORS IN TRUCKING ACCIDENTS
Driver fatigue ranks at the top of the truck driver accident list. While governed by federal regulations that limit the number of hours truckers can legally drive, drivers often ignore these laws to meet the unrealistic deadlines set by the greedy company owners; that place profit above safety. Investigation of these accidents implies 13 percent of U.S. trucking accidents are due to driver fatigue. The number is likely higher than 13 percent; however, truck drivers rarely admit they fell asleep at the wheel or were overly tired.
As with passenger vehicle accidents, distracted driving moves up the list of causes, becoming a significant factor in trucking accidents. Distracted driving accounts for more than 18 percent of big rig accidents. Distraction happens in many forms; visual distraction is when a driver takes their eyes away from the road to view their cell phone screen, changes the radio, programs new GPS coordinates, or focuses on scenery or other drivers. Manual distraction is when the driver's hands are not on the truck's wheel or engaged in a task other than driving. Just like their four-wheel counterparts, truck drivers are known to engage in eating while driving.
A cognitive distraction occurs when a person's mind is on something other than driving and the vehicles surrounding them. Cell phone use is named in three types of distraction, which is why it is especially dangerous. In defiance of increasing cell phone driving laws, drivers continue to talk, text, video, skype, and zoom, as well as surf the web and watch programs while driving.
Unfortunately, when an 18-wheel driver slams his or her brakes, the truck's trailer momentum does not follow at the same speed as the truck's front, causing the trailer to swing around, also known as a jackknife. A truck that jackknifes poses an incredible danger to the vehicles surrounding the truck. A jackknifes can occur for many reasons ranging from slick surfaces to insufficient tread on the tires or taking a turn too abruptly.
TRUCK DRIVER INEXPERIENC
Commercial drivers in the United States are required to attend a thorough training program; many that share the roadway assume these drivers come out of the program fully trained with enough experience to get behind the wheel of a truck. As with most things in life, there is a precipitous learning curve to driving an 18-wheeler. Training usually includes general and specific instructions on maintenance of their vehicle, properly securing various loads, which types of loads increase the possibility of an accident occurring, and driving in various weather and traffic conditions. Hazardous and toxic waste transportation requires additional training.
Transportation companies operating in the United States are responsible for ensuring their fleet is well-maintained. Truck drivers are responsible for inspecting their vehicles, specifically the brakes and tires before driving on public roadways. 18-wheeler Accidents caused by failing equipment and poor vehicle maintenance are the responsibility of the company.
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Steps to take after a car accident was written on behalf of Lundy Lundy Soileau & South, LLP. - personal injury attorneys in Lake Charles La.
In the seconds or even minutes after a car accident, it can be challenging to think clearly. With thoughts running wildly through your head, it can be difficult to focus on what to do next. Your primary concern should be your safety, your passengers, and drivers on the roadway.
Traumatic emotions associated with a car accident cause many drivers to make mistakes that can limit their ability to gain compensation from their insurance company and the at-fault driver after the accident. Below are the steps to take after a car accident while protecting your rights.
First Step: Make sure everyone is safe and seek medical attention for the injured:
Safety is foremost; you will want to ensure the safety of all involved.
Remember safety first; the health and safety of those involved take precedent over financial considerations. Take all necessary safety precautions immediately.
Second Step: Assess the situation at the scene. Once physical safety has been established, start evaluating the accident. Here is what to do next.
Third Step: Obtain pertinent insurance information from all accident involved driver(s).
You will need the following information to settle the accident:
Additional items and information you will need to keep with the insurance information above:
By taking these initial steps, you are setting the stage for a successful case should legal action become necessary later.
Fourth Step: Call your insurance company to report the accident.
If possible, don’t delay in reporting the accident to your insurance company. It is always preferred if you are the first to initiate the accident claim with your insurance provider. Inform your insurance company of the details of the incident so they can start building your claim request. Your insurance company may decide to send an adjuster to the accident scene for assessment; This is why you should call them at your earliest convenience.
Even minor incidents need to be reported within a reasonable time frame.
The time frame can vary from company to company. Reporting the accident promptly will ensure your incident is compliant with insurance contract terms and thereby covered.
Why do insurance companies require accidents to be reported as soon as possible?
Too often, the injuries and effects of an auto accident are realized later in the day or days following the accident. Adrenaline released during the accident can prevent the body from experiencing pain, and only after the adrenaline rush subsides injuries become apparent.
Reporting the accident at the scene or shortly after provides a timeline for the insurance company. If the accident is not reported promptly, it is possible the personal injury portion of your claim could be denied.
If your wreck is serious and injury is evident, we highly recommend calling an experienced personal injury attorney immediately. Recovering compensation for serious injuries, more often and not, requires the assistance of a knowledgeable trial lawyer. When in doubt, always seek consultation, personal injury attorneys do not charge for case evaluation and are only paid when they win your case. Seeking the advice of a seasoned personal injury lawyer is the prudent thing to do.
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Why would an individual or a passenger need to hire a personal injury lawyer in Lake Charles Louisiana when injured in a car accident? We offer examples of situations where victims could benefit from enlisting the help of a personal injury attorney.
In a recent report the National Highway Traffic Safety Administration (NHTSA) shared that vehicle collisions cause $871 billion in economic loss and societal harm every year. Actual economic impact of car wrecks including medical expenditures are over $277 billion every year.
Societal injury from pain, continued suffering, decreased quality of life and loss of life costs $594 billion. Those responsible for these accidents should be made to pay these costs. The victims of those killed in a car wreck have the right to file a personal injury or wrongful death claim for compensation.
The car wreck lawyers at Lundy, Lundy, Soileau and South, L.L.P. have helped Lake Charles car accident victims recover appropriate compensation for nearly 40 years.
The National Highway Traffic Safety Administration also reports, every 10 seconds someone in the United States is involved in a car accident. Most of these accidents are avoidable, including those resulting from drunk driving, speeding, defective equipment, irregular or lack of maintenance, and other forms of negligence. Rarely do the victims of car accidents receive just and equitable insurance settlements. Your chances increase when you enlist the help of an experienced Lake Charles car accident law firm.
Our law firm can enlist the help of forensic accident specialist to identify the responsible party(s). We use the word parties, because it is possible that an automotive defect or maintenance issue contributed to the accident.
In addition, we can also enlist the assistance of medical and economic experts to more accurately determine the long-term financial impact of a catastrophic or wrongful death accident. Our Lake Charles personal injury attorneys give meticulous attention to every accident case we manage.
Passengers of a car accident are also entitled to compensation for their injuries. If you are injured as a passenger in a car wreck, see a doctor or go to the hospital immediately. Your claim as a passenger may be against all negligent parties, this could include the driver of the car you were in when the accident occurred, and the driver of other vehicle(s) involved. Information is critical as an injured passenger, . notate as much information about the circumstances surrounding the accident as possible; identify the drivers of each vehicle, year – make and model of each vehicle, weather and road conditions, identify witnesses – obtaining their contact information (name, telephone, address and if possible their driver’s license number). The information you gathered at the car accident scene may be key to you receiving compensation for your injuries.
Your Rights After a Car Accident Claim
Every driver in Louisiana is required to purchase auto liability insurance. Auto liability insurance is required in Louisiana to cover the damage and losses of a victim(s) when the policyholder is the at-fault driver. Victims should be fully compensated or “indemnified” for resulting economic and non-economic losses associated with the collision.
If an insurance company accepts their client’s responsibility, they will often settle a victim’s claim out of court. When you enlist a personal injury attorney in Lake Charles Louisiana, your attorney can send a demand letter to the insurer entreating appropriate compensation for your losses. Your attorney and the insurer will negotiate until a fair settlement is reached. Your attorney then brings the offer to you to approve or disapprove. If you agree to the settlement offer you may not change your mind after acceptance. If at this point you have not enlisted the help of a Lake Charles personal injury attorney and you are still within the prescription period, consult with an attorney be accepting a settlement. Insurance companies are notorious for pressuring victims of car wrecks into quick settlements for less than the value of their injuries. Louisiana personal injury attorneys are here to protect your rights and fight for full compensation of your losses.
If time is closing on your prescription period and you have not reached an equitable settlement with the insurer, a personal injury - litigation attorney will suggest you take your case to court. The serious injury attorneys at Lundy, Lundy, Soileau & South are experienced trial attorneys.
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