Posts Categorized: Uncategorized

SCOTUS Rolls Back Deference to Administrative Agencies, but Doesn’t Kill Auer…yet.

Last week, the Supreme Court issued its opinion in Kisor v. Wilkie.  As the property rights lawyers discussed on this blog before the decision came out, the case generated a lot of interest because it presented an opportunity for the Court to overturn “Auer Deference”—a doctrine of interpretation that requires courts to defer to agency… Read more »

Safety Tips for Construction Zone Driving

If you live in an urban or fast-growing area, it may seem as though there is constant construction being done on the road. Road closures, narrower lanes, detours, and equipment in the roadway can make driving even more challenging than usual. It’s no wonder accidents are common in construction zones. You can’t control what other… Read more »

Can Heirs Bring a Survival Action?

Land use attorneys in Sacramento, CA and Los Angeles, CA

When someone loses their life, their families are understandably devastated. However, when the death is due to the negligence of another, it can seem unbearable. The law gives heirs a way to recover damages in circumstances like these. The most commonly known is wrongful death. In a wrongful death action, the family seeks compensation for… Read more »

The Role of a Collections Attorney

Land use attorneys in Sacramento, CA and Los Angeles, CA

Have you ever been in a position where you got behind in your bills and couldn’t pay on time? Or maybe you’ve been on the other side and struggled with accounts receivable issues. Both situations can be frustrating, especially when you’re doing your best to be responsible. A collections attorney can work with either party… Read more »

Why The Police Report is So Important in most Car Accident Cases After you get into an accident the last thing you want to do is wait for the police to come. But if you don’t it can kill your case and this is why… How many times have you met someone who said they agree with you on things and later you find out they don’t? How much trust would you put into a perfect stranger, let alone a perfect stranger who was so distracted, or in a rush, or doing something else with their mind that they hit you, out of the blue, while you were headed somewhere you wanted to be? The reality is, it happens way too often, that people who say one thing at the scene of an accident say another thing later on. And that could cost you thousands of dollars, why? You may be asking yourself, doesn’t truth and justice win the day? How can people act like that and get away with it? It just doesn’t seem right or make sense that that could happen. Well, unfortunately, justice is not oftentimes served without a lot of cost when dealing with the law and insurance companies. In the case of a personal injury suit, cost to you generally means time, but it can also mean, if there is any indication that you were at fault in the case given the facts, then there is a possibility of doubt as to whether you or the other driver was at fault. In a car accident case you need to have a few x’s crossed out in order to get paid for your medical care, pain and suffering and other economic damages such as lost wages or diminished earning capacity. One of those x’s is who was at fault. The best scenario is for the other person to be completely at fault. That means whatever damages you claim as a result of the accident will be due to the other person, entirely, and the insurance company should pay you in full for that. If, however, you were at fault at all, then your financial recovery will be less than 100% and, even more, your insurance company will have to pay the other driver for whatever percentage you were at fault in causing their damages. While this is dependent on the state laws which govern the case (meaning in which state the accident took place), essentially, you may not recover in full for your damages. The best, most-trustworthy, right out-of-the-gate, easiest way to avoid this situation (assuming you were not the one at fault) is to wait for the police to show up. It doesn’t matter if they take five minutes or five hours or whether the other person wants to leave the scene of the accident, wait for them now or face the challenge of proving you were not at fault at a later date. Once the police arrive they take statements from both drivers and any witnesses that were willing to stay and tell the police what they saw. The police person then reconstructs the accident based on where the cars are located and based on the witness statements. They usually draw a representation of what happened and then ticket the at-fault driver. Assuming that driver was not you…that statement from the police officer is your golden ticket to get passed the “whose fault was it” road block and jump you to the amount of money you should be paid for your injuries. That jump is huge and exactly why you need to wait for that police person to show up. It will make all the difference in your case! If you have questions about a car accident case contact a personal injury lawyer, like the attorneys at Reddy Accident Law, for more information and the next steps.

Land use attorneys in Sacramento, CA and Los Angeles, CA

After you get into an accident the last thing you want to do is wait for the police to come.     But if you don’t it can kill your case and this is why…   How many times have you met someone who said they agree with you on things and later you find out… Read more »

When Cities and Counties Record a Violation Notice on Private Property

Land use attorneys in Sacramento, CA and Los Angeles, CA

In recent years local governments have ramped up their investigation and prosecution of private property owners who allegedly have in place non-permitted structures on their property. Frequently the government records violation notices, or “red tags,” in the recorder’s office listing the alleged zoning violations. The effect can be catastrophic for property owners, who cannot refinance… Read more »

California Coastal Commission Loses Its Land Grab In Orange County; Racks Up Another Due Process Violation

Land use attorneys in Sacramento, CA and Los Angeles, CA

The California Court of Appeal in Southern California recently prevented the California Coastal Commission from once again imposing draconian permit conditions in violation of the Fifth Amendment of the United States Constitution, which provides that private property shall not be taken for public use without just compensation. The case is Bay Island Club v. California… Read more »

United States Supreme Court Agrees to Review Case Involving Government Flooding of Property

Land use attorneys in Sacramento, CA and Los Angeles, CA

In a rather unique twist, a governmental entity–the Arkansas Game and Fish Commission–brought suit against the United States in the Court of Federal Claims, on the ground that six years of periodic flooding during the sensitive growing season by the Army Corps of Engineers destroyed 18 million board feet of timber and left habitat unable… Read more »