Author Archives: Jay Butchko
What Causes Motorcycle Wrecks?
Negligence usually causes motorcycle wrecks and motorcycle wreck injuries. These injuries usually include severe broken bones. A double-impact wreck, a collision with a vehicle and a fall off the bike, usually shatters bones. As a result, doctors must use metal pins, screws, and other parts when they surgically reconstruct these bones. Advanced bone reconstruction… Read More »
What Are the Rules for Crosswalks in Texas?
The Lone Star State has very unusual pedestrian crosswalk laws. In some cases, pedestrians have the right of way even if they don’t have the light. Regardless of the light’s color, the duty of care applies at all times. This legal responsibility requires drivers to avoid accidents, whether a pedestrian crosses with or against… Read More »
Getting Around the Graves Amendment
Although most car crash victims have never heard of the Graves Amendment, this federal law could significantly affect the amount of compensation they receive, especially if the tortfeasor (negligent driver) was operating a U-Haul truck, Avis rent-a-car, or other rented vehicle. 49 U.S. Code § 30106 restricts the negligent entrustment rule, which usually applies… Read More »
Wrong-Way Drunk Driver Kills Motorcyclist
Charges are pending against a man who was allegedly intoxicated when he went the wrong way on the Southwest Freeway and struck a motorcyclist head-on. Police said there were two people inside the SUV when it collided head-on with the motorcycle. Both vehicles then caught on fire. The SUV occupants weren’t seriously hurt, but… Read More »
The Inside/Outside of a Nursing Home Fall Claim
Each year, the medical bills alone in elderly fall injury cases total more than $50 billion. These economic costs are only the tip of the iceberg. The noneconomic costs are much higher. Many elderly fall victims are so afraid of repeat falls that they withdraw from family, friends, and social activities. The resulting isolation… Read More »
Can You Chase a Hit-and-Run Driver?
Technically yes, at least in some cases, but chasing a hit-and-run driver is a bad idea. Texas has a very broad citizen arrest law. Non-officers may detain suspects if, within the non-officer’s view, they commit any crime that violates public peace. Pretty much any crime, especially a violent crime like injury hit-and-run, falls into… Read More »
South Asian Train Derailment Survivors Struggle with PTSD
While we deal with our own Ohio train derailment, a similar event a half-world away highlights the emotional issues that accident victims face. About half of the Balasore triple train accident survivors at SCB Medical College and Hospital in Cuttack are dealing with PTSD. Dr. Jashobanta Mahapatra, associate professor of the Clinical Psychology Department,… Read More »
Breaking Down Swimming Pool Injuries in Texas
Unintentional drownings are the leading case of death for children under four. A child this age can drown in as little as one inch of water. So, for safety purposes, the kiddie pool might as well be the high-dive pool. The safety outlook isn’t much better for older children. Drowning is the leading cause… Read More »
What Causes Car Crashes?
Media reports often refer to these incidents as “accidents,” but that’s usually not the case. The A-word implies that the incident was inevitable and unavoidable. Instead, some form of driver error causes over 98 percent of the car crashes in Texas. Common kinds of driver error, as well as the responsible causes in the… Read More »
Overcoming Motorcycle Crash Defenses In Texas
Despite coronavirus pandemic lockdowns, in 2020, the number of fatal motorcycle wrecks hit an all-time high. Even if these victims survive, they normally sustain catastrophic (life-threatening) injuries. These injuries include TBIs (traumatic brain injuries), PTSD (post traumatic stress disorder), severe broken bones, and other wounds that are normally permanent, at least to an extent…. Read More »
