Author Archives: Jay Butchko
Nonsubscriber Job Injury Cases in SoCal
Nonsubscriber is Legalese for an employer that doesn’t have a valid workers’ compensation policy or a situation in which workers’ compensation is inapplicable. Although California law requires most employers to buy workers’ compensation insurance, not all employers do so. Furthermore, by design, workers’ compensation only applies to unintentional job-related injuries. More on these things… Read More »
Breaking Down Car Accident Claims in California
You break it, you buy it. This simple principle is the foundation of negligence, the most common legal claim in car crash cases. In this context, negligence is more than an “accident.” Negligence is a lack of care. If Joe was speeding 5mph over the limit, he probably didn’t breach his duty of care,… Read More »
What is the Dog Bite Defense in California?
The two main dog bite defenses in California, assumption of the risk and provocation, essentially shift blame for a dog bite attack from the owner to the victim. The Golden State is ground zero for animal attacks. California has the highest number of dog bite claims and bite-related ER visits in the country. California… Read More »
What Does It Mean When Pedestrians Cross with the Light?
Pedestrians “cross with the light” when they have the right of way. Since California is a comparative fault state, pedestrians almost always have the right of way, at least to an extent. California’s comparative fault law recognizes that both pedestrians and motorists have a legal duty to avoid accidents if possible, and both parties… Read More »
Security Situations at Schools: What Parents Should Know
Since the 1999 Columbine shooting, tens of thousands of children have been victims of gun violence while at school. Many more incidents have occurred at extracurricular activities, such as at athletic events, on school buses, and during field trips. At all these times, school districts have a legal duty to ensure that students are… Read More »
What is the #1 Cause of Motorcycle Accidents?
Driver error is the number one cause of motorcycle accidents in SoCal. Bad weather and other such factors often contribute to accidents, but they hardly ever cause them. Some of the major causes of motorcycle crashes are discussed below. Motorcycle wrecks usually cause catastrophic injuries. The motorcycle rider accident fatality rate is thirty times… Read More »
Are Nursing Homes Required to Report Falls?
Yes, in most cases, nursing homes must report falls to state and federal authorities. However, according to a 2025 report, nursing homes don’t report almost half of these incidents. The reason boils down to money. Falls lower a nursing home’s Care Compare and other quality scores, driving away potential future residents. Furthermore, fall reports… Read More »
California’s ‘No Touch’ Law: A Closer Look
The Golden State did not pass a hands-free cell phone law until 2017, substantially later than other states acted. This law prohibits drivers from holding and using cell phones or other devices, except in limited circumstances. But California’s updated “no touch” law, which went into effect in July 2025, makes it clear that “touching”… Read More »
Fatal Hit-and-Run Crash in Oceanside
Hours after a September 2025 hit-and-run crash in Oceanside, authorities arrested a 65-year-old woman and charged her with the crime. Oceanside police responded to a report of a pedestrian who was hit by a vehicle around 10:20 p.m. on eastbound Oceanside Boulevard, west of El Camino Real. The victim, an adult male, died from… Read More »
The Car Crash-PTSD Connection
Post Traumatic Stress Disorder primarily affects emergency responders and military veterans. But other people are not immune to PTSD. Car crashes are the leading cause of civilian PTSD, which is a specific kind of brain injury. Extreme stress, like the stress and fear of a serious wreck, causes a chemical composition change inside the… Read More »