Author Archives: Jay Butchko
When Do Doctors Commit Medical Malpractice?
Medical malpractice, or a breach of duty that causes injury, could occur at any point during the doctor-patient relationship. California law holds doctors to a higher standard. Most patients depend entirely on their doctors for all their healthcare needs. Since the doctor has all the power in the doctor-patient relationship, only a fiduciary duty,… Read More »
Fatal Hit and Run in San Marcos
In July 2025, police arrested a driver who allegedly struck a man and fled the scene. New evidence indicates that the victim may have been asleep at the time of the wreck. Although the cause is uncertain, the results are certain. A 27-year-old man died on a North County bike path. Investigators believe that… Read More »
How Much Do You Get for Workers’ Compensation in California?
Job injury victims get varying amounts of money from workers’ compensation, based on their lost wages and medical expenses. These life-changing benefits are available even if the victim was entirely at fault for the injury, at least in most cases. So, for the most part, workers’ compensation matters are relatively easy to prove. However,… Read More »
How Do I Find a Good Carlsbad Personal Injury Lawyer?
Car crash and other victims looking for legal representation in SoCal have a vast array of choices. California has one of the highest number of lawyers per capita in the United States. Most of these lawyers could easily settle a basic personal injury matter on neutral terms. But only a few lawyers with specific… Read More »
What to Expect in a Truck Accident Claim
The number of large truck crashes has increased over 50 percent since 2010. These collisions usually cause catastrophic injuries. A fully-loaded semi truck weighs over 80,000 pounds and carries hundreds of gallons of highly-flammable diesel fuel. These injuries alone are enough to make truck crash claims very complex. But that’s just the beginning. The… Read More »
After an Uber Crash, Can I Sue the Company?
Uber crash victims, whether they were passengers in Uber vehicles or occupants in another vehicle, can usually sue the company after a collision, under the respondeat superior (let the master answer) doctrine. This blog examines the theory behind respondeat superior, and the elements that must be proved in court. Respondeat superior opens the door… Read More »
Motorcycle Accidents and the Helmet Defense
California is one of the few states with a universal helmet law. All motorcyclists must wear protective headgear, regardless of age or other circumstances. Many times, criminal law establishes the standard of care in negligence cases. For example, drivers with a BAC level over the legal limit are intoxicated as a matter of law… Read More »
Bedsores and Negligence in SoCal Nursing Homes
Pressure ulcers may be the most preventable and most serious nursing home neglect injuries. Simple precautions, like frequently turning residents in their beds, could all but eliminate the risk of bedsores. These open wounds are often life-threatening, partially because the open wound allows bacteria to enter the body, and partially because these wounds have… Read More »
What Are the Risks of Electric Scooters?
A tortfeasor (negligent driver) is the main risk that electric scooter operators face. Driver error causes over 90 percent of the vehicle collisions in San Diego County. Regardless of the cause of an electric scooter crash, the result is usually the same. These victims usually sustain serious injuries. The serious, and often fatal, injuries… Read More »
Is a Drunk Driver Always at Fault?
Very few things in life are always true or never true. Generally, a drunk driver is clearly at fault for an accident. However, California is a comparative fault state. Therefore, an insurance company lawyer could shift some, most, or all of the blame for a drunk driver accident onto the victim. More on that… Read More »
