Author Archives: Jay Butchko
Holding a Hit-and-Run Driver Responsible for A Crash
It happens almost every day in California. A hit-and-run driver causes a serious injury or fatal crash and flees the scene. These tortfeasors (negligent drivers) run for various reasons, but the result is usually the same. Over 90 percent of hit-and-run drivers avoid criminal prosecution. Quite simply, since they have so little evidence to… Read More »
The Before, During, and After of Birth Injuries
As a rule of thumb, about one in ten births involve, as doctors like to say, “some complications.” About one in ten of these incidents causes a lifelong or life-ending injury. Beginning at the first prenatal appointment (or initial file review for walk-ins) and ending at postnatal hospital discharge, doctors have a fiduciary duty… Read More »
Kinds of Driver Negligence in Car Crash Cases
In 2021, car crashes killed or seriously injured over five million Americans. Driver error, usually one of the four kinds of driver error discussed below, caused over 98 percent of these wrecks. Freak weather events and defective products caused most of the rest. If the driver error was negligence, or a lack of care,… Read More »
Bicycle Accidents and Head Injuries
Bicycle crash victims sustained head injuries in about a third of bicycle accidents. That’s a third of all victims, not just serious crash victims. Many of these incidents aren’t classified a ”serious” because the victim sustained no other serious injuries and didn’t immediately require extended hospitalization. Diagnosis and treatment issues plague these injuries, often… Read More »
Obtaining Compensation for Nursing Home Falls
Falls are the dark side of increased physical activity among older people. Since the 1990s, the number of fatal elderly falls has increased 60 percent. As a result, falls are one of the leading causes of nursing home admissions. Sadly, most residents who go to nursing homes to recover from falls sustain another such… Read More »
Pedestrian Accidents and Legal Responsibility
Even if the pedestrian was jaywalking, the tortfeasor (negligent driver) is usually legally responsible for pedestrian crash injuries. Speed is a pivotal factor in this area. At impact speeds below 30mph, the pedestrian fatality rate is under 10 percent. At impact speeds above 50mph, the pedestrian death rate is over 90 percent. These victims… Read More »
Alcohol-Related Wrong Way Wreck in San Diego
A suspected drunk driver seriously injured three people in a wrong-way wreck on southbound Interstate 5 in Carlsbad. According to investigators, the pickup driver, who was arrested for suspicion of driving under the influence, smashed into an Audi. The occupants of that vehicle, a man and a woman, suffered life-threatening injuries. Emergency responders rushed… Read More »
What to Expect in a Motorcycle Accident Claim
Motorcycle accident survivors can almost always expect a settlement. About 95 percent of personal injury matters settle out of court. Generally, lawyers don’t settle claims because they’re afraid to go to trial. Instead, they settle claims because a bird in the hand is worth two in the bush. Typically, people shouldn’t give up a… Read More »
Your Legal Options Following an Elevator Accident
Many guests and employees rely on this form of transit. Therefore, elevator safety is an important part of an employer’s or landowner’s duty of care. This duty requires landowners and employers to design and maintain safe workspaces, including safe elevators, inside and outside. Elevators must be in good working order and their floor must… Read More »
What Causes Electric Scooter Accidents?
Before we answer this question, we should clear up a common myth. Electric scooter and other crashes usually aren’t accidents. Usually, an “accident” implies that the injury or other incident was unintentional (I accidentally left my keys in the lock and someone broke in the house) or inevitable (I accidentally dropped the ball and… Read More »
