Author Archives: Jay Butchko
Legal Responsibility for Rideshare Injuries
Most Uber drivers have practically no commercial driver or customer service experience. The rideshare company’s turnover rate is over 95 percent. Uber’s pay scheme encourages speeding and other forms of aggressive driving. It pays drivers by the trip, not by the mile. So, the more trips they complete, the more money they make. Furthermore,… Read More »
Top Five Work Injuries in California
On-the-job injuries in the Golden State have increased significantly in the post-pandemic era. These injuries include sudden and unexpected trauma injuries and diseases that form over time. Either way, a job-related illness or injury usually devastates a family, both emotionally and financially. Frequently, a job injury is the start of a downward spiral that… Read More »
I Fell at a Shopping Mall. Do I Have a Case?
Probably. Property owners, like most other people, have a duty of care. This legal duty usually includes a responsibility to ensure that commercial and non-commercial premises are safe and secure. In California, the extent of this duty hinges upon the application of several factors, which are discussed below. Additionally, the basic evidence must be… Read More »
A Closer Look at Fatigued Truck Drivers
Much like alcohol, excessive fatigue clouds judgment and slows motor skills. In fact, driving after eighteen consecutive awake hours is like driving with a .05 BAC level, which is above the legal limit in California. Recent HOS (hours of service) rules rollbacks have significantly changed the environment. Fatigued driving is now basically legal, and… Read More »
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 »
