Author Archive

Clients often ask if they need a lawyer.

The recent New York case of Bronson v. Hansel is a clear example of why you need a lawyer.  Trudi Bronson was involved in an auto accident.  She had a property damage claim against the other driver and she had a neck injury.  She accepted $2000 after negotiations regarding the value of the damage to her vehicle.   Although she maintained that the insurance adjuster told her the Release she was given to sign was for the property damage only, the Release contained additional language concerning injuries.  Trudi had an MRI of her neck shortly thereafter and she was found to have a herniated disc in her neck.  Her injury claim was dismissed and the dismissal was affirmed on appeal, even though two of the appellate Judges on the panel believed she had signed the Release under the mistaken belief that she was only Releasing her property damage claim.
We all sign documents without reading the small print (I recall house closings in particular).  You have to call an attorney immediately after an accident to protect your rights.  In this case the insurance company enforced a Release obtained from her before she had a lawyer.  After an accident call a lawyer.  The initial consultation is usually without charge and levels the playing field with an insurance company.

The lawyers at the Law Offices of James Morris have years of experience representing injured victims.  Contact James Morris today.  We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Rear-end collisions common cause of New York State accidents. Know the facts.

You’re driving down a busy street. There’s a stop light ahead. The light turns red, you slow down. Next thing you know, the car behind you slams straight into your vehicle. You’ve just been involved in a rear-end collision. And you’re not alone.

Each year, more than 2.5 million rear-end collisions take place nationwide, according to the National Safety Council. That’s a rear-end accident every 12 seconds! Just recently, police in Western New York responded to numerous rear-end collisions due to icy road conditions throughout the region.

Snow and ice-covered roads often result in rear-end collisions. Other common causes of rear-end collisions include:

  • Distracted drivers. Motorists talking or texting on cell phones often don’t realize they’re about to drive into another car.
  • Excessive speed. Drivers traveling too fast often times don’t have enough time to stop or avoid a rear-end collision.
  • Defective equipment. A car might have defective parts, have not been repaired correctly or may even be subject to a recall.

Rear-end collisions sometimes happen at low speeds in parking lots or near crosswalks. But even when vehicles are not traveling fast, rear-end collisions often result in injuries. Many accidents result in cervical or lumbar strain injuries. Other times, people sustain more serious injuries such as herniated cervical or lumbar discs. Rear-end collisions can even result in death.

What would you do if you were injured in a rear-end collision? What if you couldn’t work for weeks or months? How would you pay your bills? You need someone experienced with handling such complicated cases. You need someone who understands New York State’s complex legal system. You need someone determined to get results for you. You need the Law Offices of James Morris.

James Morris was selected by SuperLawyers in the personal injury field in 2009 and 2010 as one of New York State’s best lawyers. When you choose James Morris, you get an attorney dedicated to working tirelessly to win your rear-end collision case.

Don’t let a rear-end collision derail your life. Demand justice. Contact James Morris today.  We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Seatbelt usage on the rise in New York State. What’s driving the increase?

Many people automatically put on a seatbelt when they get in a car. It wasn’t always this way. And while seatbelts save lives, seatbelts are not always perfect.

As seatbelt use has increased, the fatality rate for car accidents has declined. In 1994, just under 60 percent of motorists wore seatbelts. That year, the fatality rate for car accidents was 1.4 deaths per 100 million vehicle miles traveled, the standard measurement for accidents. By 2006, the fatality rate dropped 21 percent to 1.1 deaths and 80 percent of motorists wore seatbelts.

What changed? The rise in seatbelt use coincides with tougher seatbelt laws in many states throughout the country. States like New York have primary enforcement seatbelt laws. This means police in New York can pull someone over for not wearing their seatbelt and issue them a $50 fine. States with primary seatbelt laws report that 88 percent of motorists wear seatbelts. States without such laws report that 75 percent of motorists wear seatbelts.

But seatbelts aren’t perfect. Sometimes, a defective design can leave a seatbelt not functioning right. A gifted young professional baseball player, Brian Cole, was killed when his Ford SUV rolled over and his seatbelt failed to hold him in place. An investigation found that Cole had his seatbelt on at the time. Recently, a jury ordered Ford to pay Cole’s family $131 million, claiming the seatbelt did not operate correctly and contributed to Cole’s death.

Accidents happen fast. Your life can change in an instant. What would you do if you were injured? How would you pay your medical bills? What if your insurance company refused to cooperate? Knowing what to do can be difficult. Finding answers to your important questions can be frustrating.

You need an action plan. You need someone who understands New York State’s complicated legal system. You need someone who will demand justice. You need an advocate on your side who will fight tenaciously for you.  You need the Law Offices of James Morris.

Our lawyers have years of experience successfully representing car accident victims in New York. We know the scare tactics some insurance companies and car makers use to avoid paying victims. Show them you mean business. Contact a law firm committed to getting results for clients. Contact James Morris today.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

New York drivers asleep at the wheel put everyone at risk

Drivers fall asleep at the wheel all the time. Sometimes, no one gets hurt, like a recent driver in Upstate New York discovered asleep at the wheel at a traffic light.  But accidents happen. Each year, driver fatigue causes 100,000 car accidents nationwide. That’s one accident every five minutes. Sleeping driver accidents result in roughly 71,000 injuries and 1,550 fatalities each year across the country.

More than 60 percent of adult drivers have admitted driving while feeling drowsy in the past year. Even more shocking, 37 percent or 108 million drivers nationwide have confessed to falling asleep at the wheel. Of those who fell asleep at the wheel, 13 percent revealed they have done so at least once a month.

Who’s asleep at the wheel? Most people rightly realize that long-distance truck drivers often fall asleep. That’s why the Federal Highway Safety Administration has designated driver fatigue as the number one priority for truck safety. But it’s not just tired truck drivers causing accidents. Other drivers falling asleep include:

  • Men, who are twice as likely to fall asleep while driving as women.
  • Drivers on the road between midnight at 6 a.m.
  • Adults 18 – 29 years old.

Driving while tired seems innocent. But tired drivers choose to drive. They refuse to take breaks. They ignore warning signs. They put everyone at risk on the road.

What would you do if you were injured by a driver asleep at the wheel? You need someone with experience dealing with serious accidents. You need someone who will tenaciously fight for justice. You need the Law Offices of James Morris.

Our knowledgeable lawyers have years of experience handling accidents involving drivers asleep at the wheel in New York State. We understand complex state and federal laws. We know how to hold big trucking companies responsible and unresponsive insurance companies accountable. We work tirelessly for results.

Don’t let someone else’s reckless behavior ruin your life. Take action. Contact James Morris today. We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

New York school children safe? Get the facts. Be prepared.

We trust our schools. We rely on them to protect our children. We expect them to keep them safe. But accidents happen, often when we least expect them. Sometimes in the classroom. Other times just coming or going to school, especially in New York State, where roads can turn treacherous quickly in winter.

People especially need to be aware of children walking to school. Sometimes, children get distracted or caught up in the excitement of seeing a friend and unexpectedly dart out into a street. That’s when pedestrian accidents happen.

Sadly, a staggering number of pedestrians injured and killed are under 15 years old. In 2008, pedestrians sustained 69,000 injuries and 4,378 deaths in accidents, according to the National Highway Traffic Safety Administration. Those statistics include 15,000 injured and 316 killed under 15 years old.

The statistics are even more startling for bicycle injuries and deaths for children. Cyclists under 14 years old account for 24 percent of all bicycle-related deaths and 50 percent of all bicycle-related injuries.

Why so many accidents? Sometimes, children don’t pay attention while walking to their bus stop, riding a bike or walking to school. Other times, it’s the driver doing something besides driving. Texting while driving, talking on a cell phone, fiddling with the radio – all of these activities distract drivers and put us all at risk.

Accidents happen. Everyone feels sorry. But actions have consequences. Don’t let someone else’s irresponsible behavior ruin your family’s lives. You need a team you can trust to fight for your rights. You need the Law Offices of James Morris.

Serving clients throughout New York State, James Morris has years of experience defending families traumatized by accidents involving school children. We know how precious your children are to you. An accident can instantly change your lives. Let us do everything in our power to right any wrongs done to your children.

Don’t be a victim. Take action. Contact James Morris today. We’re on your side.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Tractor trailer trucks a hazard in New York State? Know the facts

Tractor trailer trucks can be intimidating. These large, 18-wheeler trucks tower over our cars as we travel on our nation’s highways. There seems to be more of them than ever as well – and you’re right.

In the last 40 years, the number of tractor trailers has more than doubled. In 1970, there were 905,082 tractor trailers. By 2008, that figure had skyrocketed to 2,215,856. The number of all large trucks (vehicles over 10,000 pounds) has also increased sharply in recent years, from 7.7 million in 1998 to 9 million in 2007.

Not surprisingly, large trucks are involved in many accidents. One out of nine traffic fatalities in 2008 resulted from a collision involving a large truck, according to the National Highway Traffic Safety Administration. In New York State, 112 large trucks were involved in 6.6 percent of all fatal accidents statewide in 2008. Just recently, a 32-year-old Niagara Falls woman was killed when a large truck ran a red light and slammed into her in Niagara Falls, New York.

In an effort to prevent such accidents, numerous laws exist governing the trucking industry. Drivers must undergo rigorous training to obtain a license. Strict rules govern exactly how many hours drivers can operate a truck. Weigh stations make sure trucks do not exceed legal limits. And this year, the federal government banned texting while driving for all commercial truck drivers nationwide.

But accidents happen. Truck drivers flaunt the law and send text messages. Others ignore rest breaks and fall asleep at the wheel. Some drivers overload their trucks and lose control of their vehicles. Such irresponsible behavior is unacceptable.

Some truck companies will use every trick in the book to get out of compensating you for your injuries or your family’s loss. Insurance companies can be just as frustrating, doing everything they can to blame you for something you didn’t do.

Don’t be intimidated by their scare tactics. Fight back. Get the professional help you need to defend your rights. Get someone who knows how to win complicated cases. Go with the Law Offices of James Morris.

James Morris is a member of the American Association for Justice’s Interstate Trucking Group and he has attended their national conference.  The information obtained from this national network of attorneys with expertise in large truck accidents is invaluable in handling cases against trucking or bus companies.  Please call Mr. Morris if you have a truck or bus accident case and need an experienced lawyer.

Get your life back. Take action. Contact James Morris today. We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Motorcycle accidents skyrocket in New York State. Are you safe?

What would you do if you were injured in a motorcycle accident? Sound far fetched? Sadly, motorcycle accidents are far too common. In the last decade, the number of fatal motorcycle accidents has more than doubled. In 1998, motorcycle accidents killed 2,294 people and injured more than 49,000 nationwide. In 2008, 5,290 died and more than 96,000 people were injured in motorcycle accidents.

Why the increase in motorcycle accidents? Experts have cited the recent rise in the number of motorcycles on the road. In 1998, there were 3.8 million motorcycles on the road. By 2008, that number had skyrocketed to 7.7 million motorcycles. But there may be another reason for this increase. During the same time period, many states relaxed their motorcycle helmet laws.

Helmets drastically reduce the likelihood of dying in a motorcycle accident. Riders wearing helmets are 37 percent less likely to die in a crash than riders without helmets, according to the National Highway Traffic Safety Administration. That’s why many states still require motorcyclists to wear helmets. In New York State, all motorcyclists are required by law to wear helmets at all times.

Unfortunately, accidents happen. In New York, a total of 177 motorcyclists died in accidents in 2008.  Just recently, a motorcyclist was seriously injured on the New York Thruway near Buffalo when his motorcycle collided with a Jeep.

What would you do if you were injured in a motorcycle accident? Who would you call? Who would you trust? You need someone in your corner that will fight for your rights. You need someone who will work tirelessly to make sure you’re fully compensated for your injuries. You need the Law Offices of James Morris.

James Morris has years of experience defending the rights of motorcycle accident victims in New York State. We understand the law and know how to get the most for our clients. We also realize insurance companies often try to blame motorcyclists for causing the accident, even if it wasn’t their fault.

Don’t leave your future to chance. Take action. Contact James Morris today. We’re on your side.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Child drowning serious problem in New York State. How to stay safe.

Children drown fast. In an instant, without warning, a child can be fighting for their lives in a stream or lake or swimming pool. Just recently, a 14-year-old boy died when he drowned in Lake Erie near Westfield, N.Y.

Sadly, children drown more often than you may realize. Among children 1 to 14 years old, drowning is the second leading cause of accidental deaths nationwide.  And among the 3,443 people who died nationwide from drowning in 2007, one out of five victims was under 14 years old.

Swimming pools are magnets for children on a hot, summer day. But children can drown just as easily in several inches of water in a bathtub. And for every child who dies from drowning, another four must be rushed to an emergency room for nonfatal injuries caused by being submerged under water.

Injuries sustained by children who survive a drowning can be severe and change their lives forever. Being submerged under water for just four to six minutes can often result in permanent brain damage.

Sometimes, children drown accidently. Other times, other people’s reckless behavior results in your child’s death or injury. That’s why laws exist requiring swimming pools to be fenced in. That’s why responsible adults put life preservers on children every time they ride in a boat. Accidents happen. Be prepared.

Every parent dreads experiencing such a horrific accident. We all believe we will share our entire lives with our children. Losing them in such a traumatic way can be shattering. Knowing what to do next can be baffling. We can help. We’re the Law Offices of James Morris.

Serving Buffalo and other communities throughout New York State, James Morris has years of experience representing children and their families. Don’t delay. Take action. Contact James Morris today. We’re on your side.

New York Attorney James E. Morris named one of the state’s top lawyers

Two top national organizations recently announced the inclusion of Attorney James E. Morris in two prestigious lists compiled annually of accomplished professionals.

The publication Buffalo Business First chose to include Attorney Morris in its annual Who’s Who in the Law for 2010. This prestigious publication honors the country’s top lawyers each year for their achievements.

Super Lawyers, a printed publication and on-line web site, also recently announced that Mr. Morris has been named a Super Lawyer 2010 for Western New York. Each year, Super Lawyers magazine recognizes attorneys in each state for their work based on interviews with their peers and independent research. Super Lawyers magazine publishes in all 50 states and reaches more than 13 million readers.

James Morris handled many significant cases to conclusion in 2009 and 2010, including a death action resulting from a tractor trailer cross over accident resolved in Federal Court for $1.55 million dollars and a serious construction accident resolved for $825,000 in New York Supreme Court. Past results do not guarantee similar outcomes.

James Morris has been a trial lawyer managing major personal injury and death cases for over 25 years. Let James Morris and the other highly-skilled personal injury lawyers at the Law Offices of James Morris handle your case. Contact James Morris today. We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Scaffolding accidents serious threat in New York. Protect yourself.

Working on scaffolding can be extremely dangerous. Many people often get hurt working in such high places on construction sites. Or even worse, people die every year in scaffolding accidents. According to the latest government statistics, scaffolding accidents killed 88 people nationwide in 2008. Just recently, a 42-year-old man was killed when he fell 130 feet from scaffolding not properly secured.

What causes such accidents? How can you stay safe? A recent study by the Bureau of Labor and Statistics determined that 72% of workers injured in scaffolding accidents can attribute their injuries either to the planking or support giving way, or to the employee slipping or being struck by a falling object. All of these scenarios can be controlled by complying with federal Occupational Safety & Health Administration standards.

New York State has rigorous laws designed to protect the safety and rights of people working on scaffolding. New York Labor Law 240, which is often called the “scaffolding law,” enables workers who fall from collapsed or poorly maintained scaffolding to recover damages for their injury. The law also protects workers who sustain injuries that occur due to ineffective or improper safety equipment such as harnesses.

Have you been injured in a scaffolding accident in New York State? You may be entitled to compensation. You deserve to be treated with respect. You deserve justice. You need the Law Offices of James Morris.

When you choose us, you get experienced attorneys who will vigorously defend your rights and fight for the compensation you rightfully deserve. Don’t let a scaffolding accident ruin your life. Take control. Contact James Morris today. We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.