Author Archives: Jay Butchko
SUV Driver Faces Felony DUI Charges For Collision That Killed Motorcyclist
All defendants in criminal cases are presumed innocent unless and until proven guilty. This point of law is important enough that it warrants mention even outside the context of criminal law. People who are accused of crimes have the right to plead not guilty and to stand trial, and juries cannot convict them unless… Read More »
Leading Causes Of Motorcycle Accidents
According to South Carolina’s laws of comparative negligence, most traffic collisions do not involve one driver being entirely at fault for the accident while the other driver could have done nothing to prevent it. In accidents that involve a car colliding with a motorcycle, the motorcycle rider usually gets much more serious injuries than… Read More »
South Carolina Is The 7th Most Dangerous State For Drunk Driving
Drunk driving is a hazard in all 50 states. Alcohol is a factor in one third of fatal accidents nationwide when you are considering data from the entire year. When you only include data from the holiday season, beginning a few days before Thanksgiving and ending after New Year’s Day, alcohol contributes to two… Read More »
Notices Of Intent In Medical Malpractice Lawsuits
Some types of litigation require a preliminary phase before the parties can go to court and present their respective sides of the story in front of the judge. For example, in employment discrimination lawsuits, the plaintiff must first contact the Equal Employment Opportunity Commission so that it can investigate whether the plaintiff has grounds… Read More »
The Landowner Is Legally Responsible When An Unsupervised Child Gets Injured On Private Property
In car accident cases, as in many other kinds of personal injury lawsuits, comparative negligence laws apply. This means that the defendant’s responsibilities to the defendant become less the greater the share of fault that the plaintiff bears for the accident. For example, an injured plaintiff who was 35 percent at fault for the… Read More »
Bicyclist Dies After Hit-And-Run Collision In Lancaster
Hit and run accidents can happen to anyone, but they are not evenly distributed. The majority of accidents where the at fault driver leaves the scene before police arrive happen at night. Likewise, accidents that involve fatalities or severe injuries are more likely to involve hit and run. When you consider all collisions, a… Read More »
What Are Your Chances Of Winning Your Personal Injury Case?
Lawsuits are time-consuming and expensive, whether you are a plaintiff or a defendant. If you have ever operated a small business, and a customer or former business partner sued you or credibly threatened to sue, it was probably one of the most stressful events of your life, perhaps to such an extent that it… Read More »
Chemical Hair Straightening Products Appear To Increase The Risk Of Uterine Cancer
In South Carolina, as in other states, product liability laws protect consumers who have been harmed by consumer products. Consumers who suffered preventable illnesses or injuries because of the products have the right to sue the manufacturer of the product and request compensation for the medical bills and other financial losses they suffered as… Read More »
Can Injured Students Sue Their University For Premises Liability?
One day in April 2019, Pauline Harrison of Chesterfield was walking on a sidewalk on the campus of Coastal Carolina University in Conway. She tripped over a piece of raised concrete on the sidewalk and fell, suffering serious injuries. News reports about her premises liability lawsuit did not give details about the nature of… Read More »
Determining Fault For A Car Accident Is More Complicated Than It Sounds
South Carolina law follows the rule of modified comparative negligence when determining who is eligible to file a car accident lawsuit. This means that, as long as you were less than 50 percent at fault for the accident, you have the right to seek compensation from the other driver, or any other party that… Read More »