It makes sense that there are a lot of motorcyclists in Upstate and Western New York because it’s an ideal area for bikers, with miles of scenic, meandering roads that are great for both long and short road trips.  Because the universal helmet law applies in New York State, and all bikers are required to wear helmets, motorcycle accident injury rates are lower than they are in than states where helmets are not mandatory for all.  Thanks to a new study by the Center For Disease Control, we also now know that NY State has more money in its budget because of its helmet law. Trading biker head injuries for cash—now that’s a good deal.

The CDC research focused on motorcycle accidents and the effects of helmets purely in terms of state budget. From 2008 to 2010 they surveyed biker accidents across the country in order to establish how much each state saves when motorcycle drivers and their passengers are wearing helmets, and the results are impressive.

According to the study, over $3 billion was saved in 2010 alone, with total costs saved due to helmet use ranging from $2.6 million in New Mexico to $394 million in California. Economic costs saved from helmet use per registered motorcycle ranged from $48 in New Mexico to $1,627 in North Carolina, with a median of $286. In Western and Upstate New York, the savings was approximately $650 per registered motorcycle, over twice the national average of savings.

The experienced attorneys at the law offices of Buffalo, New York personal injury lawyer James Morris hope everyone will make note of the core message in the CDC study, which is that lives are saved thanks to helmet use. That the state saves millions of dollars each year because of NY State helmet laws is gravy.  There is caution in this good news, however, which is that bikers wearing helmets are not guaranteed complete motorcycle safety and must always drive defensively in order to avoid reckless and negligent car and truck drivers.

Nationally, says the CDC, helmets lowered deaths by 37 percent for motorcycle drivers and 41 percent for passengers, and that meant 1,544 fewer motorcyclist fatalities in 2010. Over 40 percent of motorcyclists killed in accidents between 2008 and 2010 were not wearing a helmet, says the CDC report. In states where helmets are not required, 79 percent of the motorcyclists killed were not wearing one, compared to 12 percent in states where helmets are the law.

They say money talks, so let’s hope these statistics are positive and powerful enough to inspire more states to introduce universal helmet law legislation. Hopefully, the CDC study will also motivate bikers who still choose to jump on their motorcycles without protective headgear think twice next time.

If you or a loved one suffered a motorcycle crash injury or you lost a relative in a biker accident fatality, you need strong legal representation. Contact the Law Offices of James Morris for a free consultation with a tough upstate and western New York personal injury lawyer. Call us at 1-800-477-9044 or complete our online contact form.  Don’t wait—call today, so we can help you fight for your rights.

James Morris Law
1015 Liberty Building, 424 Main Street
Buffalo, NY 14202

Each summer we can’t wait to get outside and enjoy the warm weather and sunshine. Unfortunately, there have been many tragic accidents in Buffalo and Rochester involving bicyclists and motor vehicles this summer. These types of accidents are likely to result in serious injuries or fatalities. Please use caution in sharing the road with bicyclists to help prevent a fun day from turning tragic.
Some bicycle safety tips to remember:

• Always wear a properly fitted helmet with the straps fastened.
• Wear bright clothing and reflectors so that you’re highly visible to drivers, even during the day. You can buy reflectors, headlights, and taillights to place on your bicycle for nighttime rides.
• Remember that on a bike you have the same rights and responsibilities as your fellow motorists, including obeying traffic signs and signals.
• Ride with traffic. This is not only the law, it’s for your own safety. Motorists will not expect you to be riding against traffic, and statistics show this increases the risk of an accident substantially.
• Do not wear anything that could become caught in your bicycle chain, like straps or loose clothing.
• Signal your turns so motorists are aware of your intentions.
• Remain alert as you ride. Watch for motorists who may turn or pull out in front of you, and watch for open car doors. Do not pass cars on the right.
• Do not ride on the sidewalk. It is especially dangerous to re-enter road traffic from the sidewalk as you will be virtually unseen by motorists.
• Make sure your bicycle fits you properly and is in good repair.

Motorists, please be aware you share the road with bicyclists and so you are also responsible for their safety. Use caution when driving. Be sure to check carefully for bicyclists before opening your doors, making turns, or merging into a bicycle lane.

I also encourage avid bicyclists to check the SUM (Supplement Uninsured Motorist) coverage on their auto insurance policies. This insurance will cover you on your bicycle as well as in your car. SUM insurance is supremely important should you get into an accident with another driver who is under-insured (or not insured at all), and generally it is not very expensive. If you do not own a car and cannot obtain SUM coverage, some insurance companies are beginning to offer insurance policies specifically for bicycles.

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As most clients will tell you, “It’s not about the money.”  A lawsuit helps people regain some sense of control at a time when they feel powerless.  An accident can destroy a person’s independence or livelihood.  So when our clients tell us that it’s not about the money, we understand what they mean.  But, ultimately, a positive result in a lawsuit does come down to a monetary value and having a ballpark figure about the value of your case can save you from making a costly mistake. Everyone knows about high profile verdicts like the one received by the woman in Liebeck v. McDonald’s Restaurants who suffered third degree burns after spilling hot coffee on her lap. The jury awarded the plaintiff a judgment against McDonald’s for punitive damages in the amount of $2.7 million (the amount McDonalds made selling coffee in two days).  Verdicts like these tend to skew people’s expectations for settlements too high.  What people might not realize is that the judge reduced the award and McDonald’s appealed the decision.  The resulting settlement was less than $600,000.

A case’s worth is determined by several factors and I’d like to discuss them a bit here.  Please keep in mind that every case is different and that individual results will vary.

The most important determining factor in valuing a case is how much money is available either in the form of an insurance policy or a defendant’s assets.  Even if you receive a million dollar verdict at trial, if the defendant doesn’t have the money to pay you, you will not be getting a million dollars.

Another factor is the severity of your injuries and the amount of pain, suffering and expense they have caused you.  Are they permanent?  How long will you need to continue with treatment?  Generally speaking, breaking your toe is not worth as much as breaking your back.  If your injury will require future treatment, this added expense should be taken into account when discussing settlement.

A third thing to consider when valuing a case is how much income the plaintiff has lost or stands to lose.  If a highly trained neurosurgeon is left unable to return to her duties she will likely be losing more future salary than a truck driver.  This is not to say that a truck driver’s injuries are in any way less significant or disruptive than a neurosurgeon’s, it’s just something to keep in mind when you think of the value of your case.

Comparative negligence is also something to consider when valuing your case.  Did you contribute in any way to your injuries?  If a jury finds that you are 30% responsible for an accident, for instance by not looking before crossing a street, then any verdict received from them will be reduced by 30%.   A verdict of $100,000 would be reduced to $70,000. Going to trial is essentially a wild card.  A recent study of jury verdicts found the defense won 50 per cent of the time resulting in no recovery. Verdicts for the plaintiff in injury cases averaged under 30,000. This dispells the popular notion that juries commonly give million dollar verdicts. We live in a conservative area filled with working-class jurors.  They don’t hand out million dollar verdicts often.  This is a crucial fact to keep in mind when considering settlement offers.

If you’ve been hurt, please give us a call to talk to our knowledgeable, experienced attorneys.  At James Morris Law we always fight to achieve the best results for our clients.

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