Author Archives: Jay Butchko
Drunk Driver Kills Teenager in Valley Center
Police took a 34-year-old man into custody after he allegedly t-boned a car in an intersection while he was under the influence of alcohol. According to CHP, a 19-year-old man from Valley Center was driving a white Toyota Camry in the eastbound lane of West Tribal Road, while a 34-year-old man from Ranchita was… Read More »
Injured at School? Know Your Rights!
The Golden State has a very broad duty of care that protects all people at all times in all places. Children, teachers, substitute teachers, parents, administrators, and anyone else who sets foot on school property is entitled to the same protection. School operators, like any other property owners, are liable for damages in the… Read More »
Recognizing and Responding to Nursing Home Abuse in California
Abuse, unlike nursing home neglect, is an intentional tort. Usually, the tortfeasor (wrongful actor) intends the conduct, but not the result. For example, frustration might drive Sam to shove a nursing home resident. Sam knew what he was doing and his conduct was intentional. However, he probably didn’t intend the result, which is injuring… Read More »
If I Crossed the Street Against the Light, Do I Still Have a Case?
Probably so, although less compensation may be available. California is a pure comparative fault state. So, even if a victim was mostly at fault for an accident, compensation is still available. The court simply reduces the damages award based on the percentage of fault. If Sam’s damages were $100,000 and a jury finds that… Read More »
Legal Options in Elevator Accident Claims
Elevator safety is a serious issue in San Diego County. About half the area’s elevators are overdue for safety inspections. A significant number of these elevators haven’t been inspected in at least two years. Dozens of new, multi-floor buildings open their doors every day in San Diego County. Overworked inspectors cannot possibly keep up… Read More »
Formal and Informal Defenses in Motorcycle Wreck Claims
Legal defenses in motorcycle crash claims rarely succeed. The burden of proof in a civil claim is only a preponderance of the evidence, or more likely than not. That’s one of the lowest standards of proof in California courts. So, a little evidence goes a long way. Plus, in most cases, jurors sympathize with… Read More »
Five Common Causes of Electric Scooter Injuries
Mostly because electric scooter traffic has increased so dramatically, the number of electric scooter injuries has increased over 20 percent since 2022. These vehicles, which are usually regular scooters with small electric motors, are very common in dense, urban areas like Greater San Diego. They’re a good alternative for covering distances too far to… Read More »
“Routine” Pedestrian Accident in Pacific Beach
The media treated a near-fatal pedestrian accident as if it was nothing. But to the victim and the victim’s family, the crash was devastating. According to the San Diego Police Department, a 26-year-old man was driving a 2019 Toyota Corolla westbound in the 1500 block of Grand Avenue around 12:40 a.m. At that same… Read More »
Three Common Bicycle Accident-Related Head Injuries
Of all the bicycle helmet laws in the country, California has one of the most stringent ones. All bicyclists under 17 must wear protective headgear. Thin plastic or Styrofoam bicycle helmets, which somewhat resemble egg crates in terms of composition, offer some protection in very low-speed bicycle accidents, such as a rider hitting a… Read More »
CHP Investigating Possible Felony Hit-and-Run
Few details were available after a passing motorist on Interstate 8 told officials there was a body on the side of the road. Investigators, who offered no other details, shut down a portion of Interstate 5 in the Midway District while they collected evidence. High-Speed Car Crashes and Pedestrian Injuries At impact speeds of… Read More »
