Author Archives: Jay Butchko
Understanding Independent Intervening Causes
A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. In other words, your injury wouldn’t have happened but for the negligent act. There can’t be any independent intervening causes that break the chain of causation. What Is an Independent Intervening Cause? An independent intervening… Read More »
Pedestrian Traffic Injuries and Fatalities
Walking is a basic form of transportation. But unfortunately, walking — even on the sidewalk — isn’t always safe, especially in Florida. Nationally, pedestrian traffic fatalities increased by 11 percent between 2015 and 2016, according to the Governors Highway Safety Association. The GHSA report also found that pedestrian deaths increased by 25 percent between… Read More »
Types of Distracted Driving
An 81-year-old man was killed in March 2018 when a distracted driver crashed into his stopped vehicle on Interstate 95, according to the Florida Highway Patrol. The man’s 80-year-old wife was severely injured in the accident. The 22-year-old driver who hit them had two children in the backseat and was traveling 70 miles per… Read More »
Suing for Negligent Hiring and Retention
In March 2017, a female customer visited a Walmart in Orlando to have her car worked on. She claims that the mechanic failed to properly secure her hood and that it flew up and cracked her windshield, causing her to crash. The customer recently filed a lawsuit against Walmart, alleging negligent retention, negligent training… Read More »
Filing a Child Injury Lawsuit in Florida
In November 2016, a minor child was playing on a climbing wall at the Orlando Science Center when her foot or leg got caught in the equipment. She was severely injured and in a lot of pain. Her parents recently filed a personal injury lawsuit against the center, alleging that the business failed to… Read More »
Understanding Affirmative Defenses
It’s important for anyone filing a personal injury lawsuit in Florida to understand what arguments the defendant might make. Generally the defendant will start by saying that he wasn’t negligent and didn’t cause the plaintiff’s injuries. But the defendant could also take a more aggressive approach. For example, the defendant may raise an affirmative… Read More »
Negligently Provided Services in Florida
It’s not unreasonable to expect a certain standard of care when you receive a facial or other professional service. It’s also not unreasonable to expect that a professional who claims to have a license actually has that license. But unfortunately that’s not always the case. A woman who visited The Cosmetic Institute in Orlando… Read More »
Your PIP Insurance Policy and the 14-Day Rule
Because Florida is a no-fault state, your auto insurance company must provide coverage for your medical bills, lost wages, and other related expenses whenever you are injured in a car accident. That coverage is limited by the terms of your insurance policy, but the minimum coverage that you must purchase is $10,000. (Note that… Read More »
When Your Car Accident Is Caused by a Pothole
Potholes have been a major source of driver headaches over the years. For example, an Uber driver accidentally drove into a pothole after dropping a customer off at a Jacksonville apartment complex in November 2017. She says she didn’t realize it was a pothole because it was filled with water and looked like an… Read More »
First Lawsuit Filed After Tragic Bridge Collapse at FIU
Six people died, and others were injured, when a pedestrian bridge collapsed at Florida International University on March 15. One of the survivors recently filed the first civil lawsuit related to the incident, alleging negligence by the companies that oversaw the bridge’s design and construction. What Happened? According to the National Transportation Safety Board,… Read More »
