Author Archives: Jay Butchko
Medical Conditions and Sudden Incapacitation: When Elderly Driver Health Issues Affect Liability in Florida Accidents
Automobile accidents involving elderly drivers often raise difficult and emotionally charged questions, particularly when a medical condition or sudden incapacitation is involved. In communities like West Palm Beach, where many older adults remain active drivers, crashes attributed to strokes, cardiac events, diabetic episodes, or cognitive impairment are not uncommon. While these situations invite sympathy,… Read More »
Elderly Driver Accidents: Balancing Compassion with Accountability in Florida Law
As Florida’s population continues to age, elderly drivers are commonly part of our roadways, particularly in communities like West Palm Beach. Many seniors rely on driving to maintain independence, access medical care, and stay socially connected. At the same time, age-related physical and cognitive changes can increase the risk of serious automobile accidents. For… Read More »
What Happens When PIP Benefits Are Exhausted: Bodily Injury Liability Claims in Florida
For many people injured in West Palm Beach car accidents, Personal Injury Protection benefits are only the beginning of the financial recovery process. Florida’s no-fault system provides limited, front-end coverage for medical expenses and lost wages, but those benefits are capped and often exhausted quickly in anything beyond a minor collision. When PIP benefits… Read More »
The 14-Day Treatment Rule Under Florida PIP Law and When Exceptions May Apply
After a car accident in West Palm Beach, the clock starts ticking immediately, often before injured drivers even realize it. Florida’s Personal Injury Protection system imposes a strict requirement that accident victims seek medical treatment within fourteen days of the crash in order to qualify for PIP benefits. This rule, found in Florida Statutes… Read More »
EUOs and IMEs in Florida PIP Claims: How Insurers Use Them to Delay or Deny Benefits
After a West Palm Beach car accident, injured drivers often expect Personal Injury Protection benefits to begin flowing quickly. Florida’s no-fault system is designed to provide prompt access to medical care and wage replacement, regardless of who caused the crash. In practice, however, insurers frequently deploy two powerful tools during the pre-suit phase to… Read More »
Early Missteps, Lasting Consequences: How Pre-Suit Investigations Under Florida Statutes §627.736 Can Derail PIP Recovery
After a car accident in West Palm Beach, many injured drivers assume that Personal Injury Protection benefits will be straightforward. Florida’s no-fault system is designed to provide quick access to medical care and wage replacement without the need to prove fault. In reality, however, PIP claims are among the most frequently contested areas of… Read More »
When Safety Fails: How Airbag Malfunctions Affect Liability in Severe Florida Crash Cases
Airbags are designed to save lives. Drivers trust that in a serious collision, these critical safety systems will deploy correctly and reduce the risk of catastrophic injury. When an airbag fails to deploy, deploys too late, or deploys with excessive force, the consequences can be devastating. In severe Florida crash cases, airbag malfunctions often… Read More »
Accidents Involving Rental Cars and Tourists: Complexities of Florida’s “Graves Amendment” Defense
Florida’s warm weather and steady flow of tourists make rental cars a common sight throughout West Palm Beach. When a collision involves a rental vehicle, the aftermath can feel especially overwhelming. Visitors may be unfamiliar with Florida laws, long-term medical needs often remain uncertain, and insurance companies may dispute responsibility. For injured victims and… Read More »
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 »