Author Archives: Jay Butchko
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 »
Hit-And-Run Driver Strikes 3-Year-Old
Police have few clues as they search for a speeding SUV driver who hit and seriously injured a 3-year-old girl who was playing in the street. HPD investigators said the child was taken to a hospital in unknown condition. They said she was alert and breathing but was crying and said she was in… Read More »
If A U-Haul Truck Hits Me, Can I Sue The Company?
Fully-loaded 15’ U-Haul moving trucks often weigh more than 25,000 pounds. The massive weight usually causes catastrophic injuries. Texas has a very weak vicarious liability law. So, in order for these victims to sue the company, they must bypass the federal Graves Amendment. This law protects companies like U-Haul and Enterprise from lawsuits when… Read More »
Supplemental Evidence In Personal Injury Claims
Evidence immediately available at the scene of a collision is usually enough to make a prima facie case. This preliminary case is strong enough to survive procedural motions. However, it is not strong enough to overcome insurance company legal challenges and obtain maximum compensation for victims. Attorneys usually need additional evidence to do these… Read More »
Local Police Search For Two Hit-And-Run Drivers
Investigators have few clues in two separate hit-and-run accidents that killed two electric scooter riders. In one wreck, a pickup truck driving in the very left lane on Pease Street near Louisiana hit a man who was crossing the street on an electric scooter. An eyewitness said the pickup truck driver, who didn’t stop,… Read More »
Top Five Back Injury Causes
The lifetime medical bills associated with a serious spine injury could be more than $5 million. This financial figure doesn’t begin to cover the severe emotional distress that these victims, and their loved ones, must deal with. $5 million doesn’t buy much. Generally, the only available treatment options available are risky surgery or addictive… Read More »
Kinds Of Swimming Pool Injuries In Texas
Swimming pool drownings are the leading cause of death, not just the leading cause of accidental death, for children under 4. A few moments under the surface is sufficient to cause brain asphyxia and death. Additionally, a young child could drown in as little as a few feet of water. Drownings are the most… Read More »
Do Fall Injury Victims Always Get Settlements?
Sadly, the answer to this question is no, especially in Texas. The Lone Star State has a very weak res ipsa loquitur rule. This Latin phrase means “the thing speaks for itself.” Assume Max falls down the stairs and there were no witnesses. In most states, RIL applies, and jurors may presume that owner… Read More »
Left Hook And Right Cross Bicycle Accidents In Houston
As outlined below, well-meaning laws often have unintended consequences that cause left hook and right cross bicycle accidents. This effect occurs in other areas as well. Bicycle helmets are a good example. These thin helmets provide almost no protection in a high-speed wreck. Additionally, these helmets encourage bad driver behavior. Subconsciously, drivers believe that… Read More »