Author Archives: Jay Butchko
Chain-of-Custody Issues in Vehicle Evidence: Preserving Crash Data and Preventing Spoliation in Florida Auto Cases
After a serious collision in West Palm Beach, injured victims often feel overwhelmed as they try to understand what happened, who is responsible, and how they will manage the sudden medical and financial challenges that follow. When a crash involves disputed facts or conflicting accounts, the digital evidence stored in the vehicle becomes critically… Read More »
Borrowed Vehicle Liability: Understanding the Dangerous Instrumentality Doctrine Under Florida Law
After a serious collision in West Palm Beach, one of the first questions injured victims often ask is, “Who is responsible?” The answer becomes more complicated when the at-fault driver was operating a vehicle they did not own. In Florida, these situations invoke one of the most important legal principles in auto accident cases:… Read More »
Employer Liability for Employee Car Accidents: Vicarious Liability and the “Going-and-Coming” Rule in Florida
Car accidents involving employees can create complicated questions about liability, especially when the crash occurs during work hours or in a vehicle owned by the employer. For injured victims in West Palm Beach, determining who is financially responsible often requires a careful analysis of Florida’s vicarious liability rules, the dangerous instrumentality doctrine, and the… Read More »
How Subrogation Impacts Your Florida Auto Accident Settlement: Navigating Reimbursement Claims from Health Insurers
After a serious auto accident in West Palm Beach, many people focus first on getting medical treatment, filing their insurance claim, and trying to regain normalcy in their life. What often becomes a surprise later in the process is that a health insurer, Medicaid, Medicare, or another third-party payer may request reimbursement from your… Read More »
Biomechanical Expert Testimony in Low-Impact Crashes: How Science Can Validate Serious Injuries
Low-impact collisions often leave injured people facing doubt from insurance companies, adjusters, and potentially jurors. When a crash occurs at low speed or results in minimal vehicle damage, insurers frequently argue that the force of the collision was too minor to cause real injury. Yet many Floridians experience neck pain, back injuries, headaches, and… Read More »
Negligent Entrustment of Vehicles in Florida: Holding Car Owners Accountable for Dangerous Drivers
When someone is injured in a Florida auto accident, attention often turns to the person behind the wheel. Yet in many situations, another party may share responsibility: the owner who allowed a dangerous or incompetent driver to use the vehicle. Negligent entrustment claims arise when a car owner gives permission to someone they knew,… Read More »
Sudden Medical Emergency Defense in a Florida Car Accident: How Defendants Use It and How Florida Plaintiffs Can Challenge It
After a car accident in Florida, one of the most unexpected challenges an injured victim may face is the sudden medical emergency defense. This defense allows a negligent driver to claim they were struck by an unforeseeable medical episode, such as fainting, a heart attack, or a seizure, and therefore should not be held… Read More »
Chain-of-Causation in Florida Car Accident Litigation: When Secondary Collisions Trigger Additional Liability
Many injured Floridians are surprised to learn that a collision involving multiple vehicles or a secondary impact may raise complex questions about fault. These chain-reaction crashes can leave victims feeling confused and overwhelmed as they try to understand who caused what, how insurance companies will respond, and what steps they need to take to… Read More »
Phantom Vehicle Accidents in Florida: How to Prove Negligence When the At-Fault Driver Can’t Be Found
A phantom vehicle accident occurs when another driver’s negligence causes a collision but their vehicle never makes physical contact with the victim’s vehicle, often swerving abruptly or creating a dangerous situation before speeding away. Without a license plate number, eyewitness identification, or damage linking the vehicles, injured Floridians are left dealing with the physical… Read More »
Calculating Future Economic Losses in Florida Auto Accident Cases: The Role of Vocational Experts and Life Care Planners
Severe car accidents often leave victims facing more than just immediate medical bills. For many in West Palm Beach, the injuries sustained in a serious crash can lead to long-term disabilities, loss of employment, and ongoing treatment needs that stretch far into the future. In these situations, accurately calculating future economic losses becomes one… Read More »