Author Archives: Jay Butchko
What Is Inadequate Security?
As outlined below, Texas property owners usually have a duty of care to ensure that their commercial and noncommercial guests are safe and secure. Inadequate security is basically a lack of care. Examples of inadequate security include broken cameras, burned-out lights, broken gates, and an inadequate level of security (e.g. hiring an unarmed guard… Read More »
What To Expect In A Wrongful Death Claim
Car crashes, assaults, falls, and other injuries almost instantly kill hundreds of thousands of Americans every year. Toxic exposure, medical mistakes, and other such negligent acts often cause terminal diseases. The pain and suffering these incidents cause is almost unimaginable. Additionally, these untimely deaths cause severe economic woes. Wrongful deaths deprive these survivors of… Read More »
The Comparative Fault Defense In A Bicycle Accident Claim
Contributory negligence, a/k/a comparative fault, may be the most common defense in vehicle collision claims. This doctrine basically shifts blame for an accident from the tortfeasor (negligent driver) to the victim. In Texas, tortfeasors are not legally responsible for damages unless they’re at least 51 percent responsible for an accident. The bicycle helmet defense… Read More »
Obstacles To Settlements In Pedestrian Accident Claims
In 2021, the number of pedestrian deaths in the United States hit a forty-year high. “This is heartbreaking and unacceptable. The pandemic has caused so much death and damage, it’s frustrating to see even more lives needlessly taken due to dangerous driving,” said Governors Highway Safety Administration Executive Director Jonathan Adkins. “We must address… Read More »
How Do I Win A Motorcycle Accident Claim?
Since 2010, fatal motorcycle crashes have increased 20 percent. Head injuries cause most of these fatalities. The average economic losses in a fatal motorcycle crash case exceed $1 million. Lost future financial support makes up much of that total. These survivors also deserve compensation for their emotional distress and other noneconomic losses, so they… Read More »
Legal Options In Pedestrian Accidents In Fort Bend County
In 2021, the number of fatal pedestrian accidents in Texas increased 15 percent. Even if these victims survive, they usually sustain permanent injuries. That’s especially true if the tortfeasor (negligent driver) was traveling more than about 35mph at the moment of impact. Some people think they have limited legal options in these situations, especially… Read More »
Why Is My Car Crash Case Taking So Long To Settle?
Car crash claims sometimes settle almost immediately, if the insurance company rolls over and plays dead. That usually doesn’t happen. In fact, insurance companies usually retain high-priced lawyers whose only job is to find legal loopholes that reduce or deny compensation in the case. Additionally, the settlement value, which is the starting point for… Read More »
Causes Of Wrongful Death In Texas
In 2020, unintentional injuries, mostly one of the three incidents listed below, killed over 200,000 Americans. Negligence, or a lack of care, usually causes these injuries and deaths. Incidentally, this figure does not include assaults and homicides. Individuals are legally responsible for these incidents, but property owners are typically financially responsible for these injuries… Read More »
Breaking Down A Left-Turn Motorcycle Accident In Texas
A combination of rider behavior and driver negligence, mostly driver negligence, causes most of the left-turn motorcycle accidents in Houston. According to the landmark Hurt Report, these incidents make up about a third of motorcycle accidents. Generally, a tortfeasor (negligent driver) is waiting at an intersection to make an unprotected left turn against traffic…. Read More »
Five Ways Uneducated Drivers Kill Bicyclists
Harris County has one of the largest number of bicycle riders in the state, mostly because the cities in Harris County are mostly dense, urban areas. Yet Harris County also has some of the most uneducated drivers in the state, when it comes to bicycle safety. In other words, many drivers put bicyclists at… Read More »