Author Archives: Jay Butchko
Impairment and Intoxication: What’s the Difference?
In some ways there’s no difference between driver impairment and driver intoxication, because quite frankly, dead is dead. A third of tortfeasors (negligent drivers) who cause fatal collisions have a BAC level of at least .01. Before the coronavirus pandemic, the number of fatal drunk driver crashes had been declining steadily since the 1990s…. Read More »
Fatal Pedestrian Accident in Encinitas
A 12-year-old girl, who was in a crosswalk at the time, was killed in an April 25, 2025 vehicle collision in Encinitas. Officials said a Nissan Xterra, driven by a 44-year-old man, was heading westbound when it collided with a Ford Fusion driven by another 44-year-old man. The force of the collision caused the… Read More »
How Much Does Workers’ Comp Pay in California?
Usually, workers’ comp pays two-thirds of a job injury victim’s average weekly wage for the duration of a temporary or permanent disability. The AWW formula includes a nationwide average. A truck driver in Oceanside usually earns much more than a truck driver in Omaha. Furthermore, the AWW anticipates future lost income. If Ben’s work-related… Read More »
Breaking Down the Seat Belt Defense in California
The seat belt defense is based on a concept lawyers call mitigation of damages. If John’s house catches fire, he cannot simply watch it burn down. He must make some effort to put out the fire. In the same way, when people climb into motor vehicles, they have a legal responsibility to look after… Read More »
If a Semi-Truck Hits Me, Can I Sue the Company?
Yes, in most cases. The respondeat superior rule typically applies in these cases. This rule has two basic components, which are outlined below. This rule is important for two reasons. First, semi-truck accident victims often sustain catastrophic injuries, due to the sheer size of these vehicles. A fully-loaded semi-truck usually weighs over 80,000 pounds…. Read More »
What’s Safer: An Uber or a Cab?
Statistically, taxicabs are much safer than Uber or Lyft. California taxi driver licensing requirements are very strict. In contrast, Uber and Lyft driver standards are very low. Furthermore, many taxi drivers have considerable experience navigating the streets of San Diego and dealing with passengers. However, most Uber and Lyft operators have been rideshare drivers… Read More »
Man Sentenced for Deadly 2023 DUI Crash
A 25-year-old San Diego man, who, according to court documents, had a BAC more than three times the legal limit, was sentenced to probation for his crime. At the time of the wreck, the victim, a 65-year-old homeless woman, was sleeping in the middle row of her Honda van, which was parked on Clairemont… Read More »
Building a Strong Slip-and-Fall Claim
Each year, slip-and-fall incidents, mostly retail or hospitality incidents, send over eight million Americans to hospital emergency rooms. These incidents usually cause head injuries, broken bones, and other injuries that, at least to an extent, are permanent. These matters are also legally complex, mostly because each incident usually involves disputes in at least one… Read More »
How Do I Get a Pedestrian Accident Settlement?
The average injury-related medical bill in California exceeds $40,000. But compensation for medical bills in a pedestrian accident is just the beginning. Victims are also entitled to compensation for missed work and other out-of-pocket losses. Additionally, these victims are entitled to compensation for their emotional distress and other economic losses. So, the potential settlement… Read More »
Accidents at Public Schools: Your Rights and Responsibilities
Over the years, the San Diego Unified School District has grown from a single, one-room schoolhouse to one of the largest school districts in the country. Tens of thousands of employees, students, and visitors pass through these schools every day. With so much coming and going, injuries are inevitable. Your rights and responsibilities following… Read More »