Author Archives: Jay Butchko
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 »
What Causes Truck Crashes?
Most Texas drivers have a duty of reasonable care. They must avoid traffic accidents when possible. Truck drivers are common carriers in Texas. Since they are professional drivers, they have a higher duty of care. The law reflects this higher duty of care. A lower speed limit applies to large trucks. The general duty… Read More »
Top Five Slip-And-Fall Injuries
Falls are the leading cause of ER visits in the United States. Every year, emergency responders rush over eight million fall victims to hospital emergency rooms. ER treatment is usually just the beginning. As outlined below, fall injuries usually require extensive emergency care, followed by months of physical therapy. These incidents cause emotional injuries… Read More »