Author Archive

Buffalo DUI Accidents – How to Reduce the Risks

21
Jan 2014
By:

Drunk driving remains a major cause of injury and death in the U.S., despite the fact that a lot of progress has been made to reduce the number of people dying due to intoxicated motorists. Just recently, the Republic indicated that a western New York driver was sentenced to between one and three years of prison time because of a fatal drunk driving accident that he caused while driving southwest of Buffalo. Statewide in New York throughout 2012, a total of 344 people were killed by drunk drivers according to the National Highway Traffic Safety Administration (NHTSA).

These incidents in Buffalo aren’t the only ones that occur annually. A total of 40 percent of all fatal collisions in the country result from the actions of intoxicated drivers. Someone is killed in a drunk driving collision every 30 minutes. Drunk driving injuries happen even more frequently, with someone getting hurt once every two minutes.

Reducing the serious risk of injury or death remains a top priority and the National Safety Council (NSC) recently published some important information on different techniques that have been effectively used to stop drunk driving. Drunk driving accident lawyers in Buffalo know that laws and regulations can only do so much, even if they are relatively effective. Ultimately, the choice rests with every driver to make a decision to call a cab or call a friend rather than drive home drunk. Making the right choice could save a life.

Techniques to Reduce Intoxicated Driving

The techniques that the NSC discussed to reduce the risk of intoxicated driving included:

  • Screenings and brief intervention. More than 360 different studies in the past have shown that screening and intervention are the lowest cost effective methods of intervening when people have alcohol problems. Employers are often in the best position to offer screenings and can do so as part of employee benefit programs and also to reduce the risk of liability that could result from an employee causing an accident while drunk on the job. Screening and brief intervention can help people with alcohol problems to get the treatment they need and reduce the chances of high-risk behaviors like drunken driving.
  • Public enforcement of drunk driving laws. Everyone knows that drunk driving is illegal, but highly-visible enforcement reminds drivers of how easy it is for them to get caught. Sobriety check points are one possible method of public enforcement, but campaigns around the holidays such as “Drive Sober or Get Pulled Over” also are effective at reducing intoxicated driving since motorists become more aware that there are a lot of police on the roads enforcing the laws.
  • Ignition interlock devices. These stop cars from starting when a driver has a BAC that is above the legal limit. The National Transportation Safety Board has recently been recommended that IIDs be required for all motorists convicted of driving drunk, even first-time offenders. Around 1/3 of people who are arrested driving drunk each year had already been convicted of an intoxicated driving offense in the past, so an IID could go a long way towards stopping repeat offenders and making the roads safer.

These are just some of the different techniques that could help to reduce the risks that drunk drivers present on the roads. Those who are injured in accidents with an intoxicated motorist also need to understand their legal rights and take action to hold the drunken driver accountable for injuries.

Contact the Law Offices of James Morris in Buffalo today for a free consultation. Call 800-477-9044. Attorney advertising.

Buffalo Traffic Accidents & Drowsy Driving this Holiday Season

19
Dec 2013
By:

Driving while you are fatigued is a dangerous behavior that could result in you falling asleep at the wheel or experiencing delayed reaction times that significantly increase your risk of an accident. Evidence indicates that a person who stays awake too long can start to lose focus and experience other impairments similar to someone who has driven drunk. As a result, a drowsy driver could endanger himself and could put other motorists, pedestrians and motorcyclists at risk.

Unfortunately, many people do drive while they are fatigued because a lot of people aren’t getting enough sleep. Car accident attorneys in Buffalo know that about a third of all American adults are overtired, and about 20 percent of annual car accidents are attributed to drowsy drivers because so many people aren’t well rested. You don’t want to be one of those drivers who is drowsy and who causes a crash, so you should make it a priority to get a good night rest if you find yourself routinely feeling too tired to drive safely.

Tips for Staying Safe from Drowsy Driving Accidents

Avoiding drowsy driving crashes requires you to get enough sleep to stay awake and alert when you are behind the wheel. The Fiscal Times has provided a few key things that you can do in order to get a better night sleep so that you are less likely to become involved in a drowsy driving accident.

To ensure you are getting the best night sleep possible and making the most of the time you do have to get some rest:

  • Put your mind in the right mode to rest. One of the worst things that you can do right before you go to bed is use a smartphone, tablet or other electronic device. The bright white light on these devices makes your brain think that it is time to be awake and alert, making it harder to fall asleep.
  • Don’t drink or eat things that affect your sleep. If you drink a caffeinated drink within six hours of the time you plan to go to bed, you will have a much harder time falling asleep and may have your sleep disrupted. Both alcohol and spicy foods are also bad for sleep. Alcohol could help you to fall asleep initially, but as it metabolizes in the body, you’re probably going to wake up.
  • Exercise in a way that helps you get rest. You should engage in vigorous exercise if you can, since when the body works hard the brain will know that it deserves some rest.  However, don’t exercise too soon before bed or you’ll have a harder time falling asleep.
  • Remember that regular bedtimes are for everyone. Going to sleep and getting up at the same time each day helps your body to establish a sleep routine. Don’t mess that routine up by sleeping late or staying up late on the weekend nights. Instead, if you want to rest on the weekends, take short naps throughout the day.
  • Consider a sleep study if you need one. A sleep study can help you to identify and solve problems that prevent you from getting rest.

Finally, remember that it is often a bad idea to rely on sleeping pills. New studies show that those who take them only fall asleep about 20 minutes before people who took a placebo pill. Unfortunately, sleeping pills can also leave you feeling groggy and make your morning commute very unsafe if the pills fog your head so you aren’t alert behind the wheel.

Car accident lawyers in Buffalo can help if you’ve been hurt in an accident. Contact the Law Offices of James Morris today for a free consultation. Call 800-477-9044. Attorney advertising.

Buffalo Traffic Accidents and Winter Safe Driving

26
Nov 2013
By:

Winter is coming fast to Buffalo and at least one car accident has already occurred because of icy roads.  More than 20 cars lost control as a result of early ice in November, causing an overnight pileup on the I-290 ramp leading to I-190 South.  WIVB 4 reports that black ice was the cause of the crashes, which occurred on a road that the salt trucks had not yet visited. Drivers were surprised by the slick road and witnesses to the scene indicated that they “saw one car after another, badly damaged and being towed away.”

Car accident lawyers in Buffalo know that this crash, unfortunately, is likely one of the first of many that icy weather will cause this winter. Driving on snow and ice is always an adjustment when winter strikes each year and motorists need to remember how to stay safe on slippery roads.

Staying Safe from Accidents Caused by Snow and Ice

To help prevent crashes from occurring as a result of bad weather, drivers should consider the following safety tips:

  • Check the weather report before heading out. The weather and traffic alerts will usually let you know if you can expect snow or ice on the roads. You can use this information to postpone unnecessary trips and knowing the roads are likely to be icy can also help you to make smart choices when you drive.
  • Remember that black ice is most likely to form on bridges and overpasses. When traveling over these areas, be extra careful to look out for ice on the roads.
  • Slow your speed to current weather conditions. In the winter, sometimes driving the speed limit is not enough to stay safe. You need to adjust your speed and go slower if the roads are slick or if visibility is impacted by snow.
  • Leave extra room between your car and the vehicle that is in front. You don’t ever want to tailgate, but following too closely is especially dangerous in the winter. If you are too close to the lead vehicle and that car spins out of control, you are likely to be unable to stop before you too become involved in the crash.
  • Make sure your car is in good condition. You should have your tires (and tire pressure) checked and ensure that your wipers are working well before heading out on the roads. Car maintenance problems like faulty tires or failing windshield wipers are especially dangerous during bad winter weather.
  • Brake gently in order to avoid skidding on slippery roads and ease up on your brakes if you feel that your car is beginning to skid.
  • When going down a hill or in a situation where you are worried about losing traction, use low gears.
  • Never pass a snow truck or a truck salting the road. Not only do these drivers have limited visibility but the roads in front of these trucks are likely to be in much worse condition.

By following these winter safety tips, hopefully you can reduce the risk of a deadly crash and stay safe through the cold winter driving months in Buffalo.

Car accident lawyers in Buffalo can help if you’ve been hurt in an accident. Contact the Law Offices of James Morris today for a free consultation. Call 800-477-9044. Attorney advertising.

String of Motorcycle Accidents Has Safety Experts Decrying “Safety Nightmare”

There have been 13 fatalities in Western New York motorcycle accidents since May, with the crashes attributed to driver error, visibility issues and speeding.  The string of motorcycle accidents in the area has the Buffalo News reporting a “safety nightmare.”

Motorcycle accident lawyers in Buffalo know that there are a lot of factors that contribute to causing motorcycle accidents, with some crashes caused by driver error and others resulting from mistakes made by motorcyclists. Everyone on the roads needs to do their part to reduce the risk of accidents, especially as the fatality number has risen so dramatically in Western New York.

Motorcycle Accidents in Western New York

According to the National Highway Traffic Safety Administration (NHTSA), the number of motorcycle accident deaths has increased each year for the past 14 years with the exception of 2009. This increase has occurred at a time when the overall number of accident fatalities has declined. In New York, the fatality rate has also been generally trending upward as well, although there was a slight decrease in deaths from 2010 when 180 people motorcyclists lost their lives as compared with the 168 motorcyclist deaths in 2011.

The recent string of accidents in the Buffalo area, however, shows just how deadly a motorcycle accident can be. The NHTSA estimates that a motorcyclist is 30 times as likely to die and five times as likely to be injured in an auto accident.

In Western New York, the motorcycle riders were found to be speeding in two of the recent deaths while five accidents were attributed to the inability of the motorcyclist to go around a curve. Drivers, however, were also responsible for causing some of the recent deaths and several crashes were attributed to unsafe lane changes or U-turns. Unsafe lane changes are one of many common accident causes including:

  • A failure to yield. The Gold Wing Touring Association estimates that two-thirds of all motorcycle crashes involving multiple vehicles occur as a result of a passenger car turning into the lane of a motorcycle rider or as a result of a driver otherwise failing to yield the right-of-way as required.
  • Drivers failing to see motorcyclists. A program called Look Twice, Save a Life, aims to reduce the dangers of this type of accident.

Driver intoxication, driver distraction and aggressive driving are other top causes of motorcycle accidents.  Motorcyclists are also more vulnerable to road defects that can cause their bikes to go out of control.  The Gold Wing Touring Association, for instance, indicates that around two percent of motorcycle accidents occur because of a problem on the roadway.

With so many accidents occurring in Buffalo, both drivers and motorcycle riders need to understand top crash causes and need to follow good safety practices including obeying the rules of the road; paying attention to other traffic; and staying in their own lanes.

Car accident lawyers in Buffalo can help if you’ve been hurt in a motorcycle accident. Contact the Law Offices of James Morris today for a free consultation. Call 800-477-9044.

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Buffalo Bicycle Accident Tragic Reminder of Autumn Risks

18
Sep 2013
By:

In late August, the Buffalo News reported on the tragic death of a 12-year-old bicycle rider who had become trapped beneath a car on Sheridan Drive. Passersby who witnessed the crash rushed to the scene to try to free the boy from beneath the car and the heroic efforts of first responders and witnesses actually lifted the vehicle off the boy so he could be taken to a nearby hospital. Unfortunately, the injuries from the wreck were too severe and the boy died.

Bicycle accident lawyers in Buffalo know that bicycle accidents are often deadly for riders because they have essentially no protection from the force and the impact of the collision.  Unfortunately, this was one of many bike accidents that involved young riders, and it is an important reminder of the fact that both bicyclists and drivers play a critical role in avoiding fatalities and keeping the roads safe.

Bicycle Accidents Cause Serious Risks for Riders

Unfortunately, this fatal bike accident is one of many that is likely to occur over the year. The National Highway Traffic Safety Administration reports that 677 cyclists were killed and 48,000 injured in 2011, with bicyclist deaths making up around two percent of all motor vehicle traffic fatalities. In New York alone, there were 57 fatalities of bicyclists in 2011.

Nationwide, 10 percent of those who were killed on bicycles were in the 16-and-under age group just as the bicyclist was in the Sheridan Drive crash. Men were also more likely to be killed or injured, accounting for 85 percent of all bicycle accident deaths.  Many of those individuals who were killed, of both genders, did not have helmets on at the time. The boy who was killed in the Sheridan Drive crash also was reportedly not wearing a helmet.

Safety Tips to Prevent Bicycle Accidents

It is important to remember that bicycle accidents often can be avoided if both riders and drivers do their parts.

When possible, bicycle riders need to avoid riding on busy roads and/or should stick to areas where there are bike lanes. Bicycle riders need to yield the right-of-way to drivers. Riders should wear helmets and bright-colored clothing so they are easier to see.

Drivers, on the other hand, need to pay attention to the road, stay off their cell phones, drive within the speed limit and also yield to bike riders who are crossing. If bicycle riders and drivers both make a commitment to share the road safely, hopefully more tragic accidents can be prevented.

Personal injury lawyers in Buffalo can help if you’ve been hurt in a car accident. Contact the Law Offices of James Morris today for a free consultation. Call 800-477-9044.

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Progress Being Made in the Treatment of Spinal Cord Injury

20
Aug 2013
By:

Our Buffalo injury lawyers know that a spinal cord injury is one of the most devastating injuries a person can endure. Unfortunately, as the Centers for Disease Control & Prevention reports, around 200,000 people in the United States are currently living with spinal cord injuries, most of which were caused by accidents. In fact, around 46 percent of all spinal cord injuries happen as a result of car accidents and another 22 percent occur in falls.

While a spinal cord injury has life-changing consequences, Health Central indicates that some progress is being made in assisting victims suffering from permanent spinal damage. While the progress is slow, every step taken toward finding new treatment and solutions is a positive step for those throughout the United States who are coping with paralysis due to spinal cord damage.

Spinal Cord Damage Is Permanent, But Progress is Being Made on Treatments

When you sever your spinal cord or do damage to your spinal cord, there is no cure for the spinal cord injury you sustain. You may experience varying degrees of lost functionality and lost feeling depending upon where along the spine the injury occurred and depending upon whether the injury was a complete spinal cord injury (SCI) or a partial injury.

Because of the serious impairments that a spinal cord injury can cause, the CDC estimates that the average annual medical cost associated with SCI is between $15,000 and $30,000. The estimated lifetime cost is between $500,000 and $3 million, depending on the extent of the injury.

These costs are astronomical, and of course the costs go beyond the financial, since those who suffer a spinal cord injury will experience a significant decline in quality of life. A spinal cord injury victim may be unable to care for himself at all and may need ongoing and sometimes round-the-clock medical help.

Unfortunately, many of these injuries occur to very young people, and impact the rest of their lives. As the CDC reports, an estimated 50 to 70 percent of spinal cord injuries happen to people between the ages of 15 and 35. These young victims have decades of living with a spinal cord injury causing impairment.

Health Central, however, suggests that progress is being made and that there may be reason for spinal cord injury victims to hope for a cure in their lifetime. According to Health Central, a team of scientists from the Cleveland Clinic and Case Western Reserve Medical School have successfully restored bladder function to rats who had sustained severe injuries to the spinal cord.

Scientists were able to restore bladder function using a new technique to regenerate nerve cells across the site of injury.  When a spinal cord injury happens, the nerve cells in the brainstorm become disconnected from the nerve cells located in the spinal cord, preventing the transmission of messages. The body forms scar tissue at the site of the injury, preventing nerve function from being restored. Scientists, however, were able to take healthy nerves from other parts of the body, graft the healthy nerves to the damaged areas, and add chemicals that disrupted scar formation and promoted cell growth.

Successful re-growth of brain stem cells occurred at the injury site, allowing the rats to regain control of their bladder function. This is the first time ever that an animal has been able to urinate normally after a spinal cord injury.

Hopefully, this new development means that progress is being made and the thousands who suffer spinal cord injuries in car accidents or slip and falls may be able to find treatment in the future to restore functionality lost due to the accident.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation. Call 800-477-9044.

Hudson River “Miracle” Pilot Speaks Out Against Medical Malpractice

Medical malpractice is a serious problem that can happen in the doctor’s office, on the operating table, or even when filling a prescription. Our medical malpractice attorneys in Buffalo have represented victims of negligence and understand how devastating medical errors can be for individuals and their families. Recently, a well-known pilot – and national hero – took up a new mission to raise awareness of the dangers of medical malpractice and negligence.

Saving all 155 lives aboard his airplane after being forced into an emergency landing on the Hudson River, Captain Chelsey “Sully” Sullenberger was thrust into the national spotlight in 2009 for his heroic efforts. Citing over 30 years’ experience as a pilot, the retired pilot is calling for urgent changes within the medical industry.

Medical malpractice an “urgent” crisis

In a recent interview with Politico, Sullenberger said that medical malpractice errors are estimated to kill up to 200,000 people a year, or “the equivalent of 20 jetliners crashing per week.”

With these medical errors strikingly common, Sullenberger said that such a margin for error would never be acceptable within the aviation industry, where pilots take hundreds of lives into their hands every flight.

“If tens of thousands of people died in plane crashes, there would be a national ground stop. Fleets would be grounded. Airports would close. There would be a presidential commission. The NTSB (National Transportation Safety Board) would investigate. No one would fly until we had solved the problems,” he said.

Why, Sullenberger asks, should medical professionals be held to different standards than the aviation industry?

Citing his experience in the airline industry as a model for which doctors, surgeons, nurses and pharmacists could follow to reduce medical errors, Sullenberger likened the mistakes of medical professionals to those made in airplane accidents – except without strict government regulation and preventative measures to stop such instances.

Proposed changes designed to curb medical mistakes

Sullenberger is calling for a number of changes in the way medical professionals prepare for procedures, including the use of pilot-like checklists by medical professionals. He also has proposed that raising public awareness over the dangers of medical malpractice and releasing data about medical errors could help address the problem.

In addition, Sullenberger is calling for a new method of reviewing medical errors. As opposed to blaming doctors and nurses, Sullenberger said it’s more important to examine the causes that are behind a medical error.

It’s only then, according to Sullenberger, that the situation will improve.

With the industry lacking the urgency to fix these problems, the legal representation of a seasoned medical malpractice attorney in Buffalo might be necessary if you or a loved one is injured due to a medical error. The negligent medical professional or hospital likely will fight any medical malpractice claims. With so much at stake, it’s critical to have an experience attorney on your side.

If you or a loved one is a victim of medical malpractice in the Buffalo, NY area, contact an experienced medical negligence attorney today. Call the Law Offices of James Morris at 1-800-477-9044 for a free case consultation.

The Trayvon Martin tragedy

19
Jul 2013
By:

The Trayvon Martin tragedy highlights the danger of becoming involved in a fight. I have handled a number of lawsuits involving fights and generally everyone involved loses. If you win the fight you may injure the other participant and face criminal charges or a lawsuit. If you lose you may have to live with a permanent injury for life. Unlike MMA fights most people are not trained to defend themselves and there is no referee to stop the fight once you are disabled. If you fight a stranger you do not know if they are a trained combatant or if they will pull a knife or a gun. In real fights a broken jaw or a fractured eye socket is not uncommon. It is not cowardice to walk away from a fight if you can. That is the advice I would give my children or my clients.

James E. Morris, Esq.

Buffalo Traffic Accidents & Risk of Speeding Teens

17
Jul 2013
By:

Buffalo auto accident attorneyTeenagers have limited driving experience and, unfortunately, sometimes they do not make very good decisions while they are behind the wheel. One of the riskiest decisions that a teen can make is driving too fast. Speeding is dangerous for every driver because it increases the chance of losing control of the car; makes the car more difficult to stop; and results in crashes occurring with more force. Unfortunately for young people, speeding is even more risky than for other motorists because high speeds combined with driver inexperience result in many crashes occurring.

Our Buffalo auto accident lawyers know that many teen traffic deaths occur as a direct result of drivers who go too fast. Unfortunately, when teens speed, they endanger their own lives, the lives of all passengers in the car, and the lives of every other pedestrian, bicycle rider or motorist on the road. Crashes with these young drivers are far too common and the Governors’ Highway Safety Association has recently taken a close look at the role of speeding in teen auto accident deaths.

Speeding as a Leading Cause of Teen Auto Accident Deaths

Young teenagers have a greater chance of becoming involved in auto accidents than other motorists and make more insurance claims arising from crashes. Death due to motorcycle accidents is also consistently a top cause of death among young people.  Now, the Governors’ Highway Safety Association has demonstrated that a great number of the teen traffic accident deaths happen due to speeding.

According to the GHSA report, as many as 33 percent of all fatal teen car wrecks involve excessive speed. This reflects an increase in the number of speed-related deaths since the year 2000.  In 2000, just 30 percent of deadly teen wrecks had a driver who was going too fast for the road.

This percentage increase of speeding-related deaths occurred even as the overall number of fatal teen car wrecks has declined. Improved safety efforts, a stronger focus on drunk driving and anti-texting campaigns have helped to bring the overall death toll down, even as car accidents remain a top cause of fatalities. Yet, amidst this decline in auto accident deaths, teens are speeding and ending up in speed-related crashes now more than ever.

To help save lives and prevent more teens from falling victim, it is important for lawmakers, parents and schools to work together. Lawmakers have helped to do their parts in reducing teen deaths by passing graduated licensing laws in many states that limit night driving for young drivers and that impose restrictions on the number of passengers in cars. The GHSA indicates that most speed-related teen deaths happen at night and with multiple passengers, so these graduated licensing laws can help to reduce speeding accidents. Parents should also talk to their teens and schools should consider providing educational materials about the high risks associated with driving too fast.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

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Runaway Trailer Blamed for Seven Fatalities in NY Trucking Accident

18
Jun 2013
By:

According to WGRZ.com, a tragic accident in Central New York recently led to the loss of seven lives. The accident occurred when a trailer hauling crushed cars slammed into a minivan carrying two families. The trailer had disconnected from a big rig that was traveling south, before colliding with the van traveling north.

Our Buffalo injury attorneys know that tractor-trailers can be very dangerous on the roads. When a trailer is not properly secured and the trailer comes loose from the rig, the accident can have devastating consequences. Truck drivers and trucking companies have a legal obligation to ensure that this type of disaster does not occur and can be held legally responsible for losses when they fail to live up to their responsibility to the public.

Tractor-Trailer Accident Has Devastating Outcome

The tractor-trailer was a salvage truck that was driven by a 26-year-old Manlius man. There was an additional passenger in the truck at the time of the accident.  Neither of the two people in the truck suffered injuries in the crash.

When the trailer came lose from the rig, the driver of the van reportedly saw it coming and tried to swerve off of the road and out of the way. Unfortunately, this effort to avoid a collision was not successful as the trailer was moving too quickly. The trailer tore the van apart, with some of the victims ending up under the trailer.

Rescue workers at the scene of the accident had to jack the trailer up in order to retrieve the victims. Unfortunately, seven of the passengers in the van died as a result of the crash. The seven victims included four children between the ages of four and seven as well as three adults in their early 20s.

Investigators are attempting to determine the cause of the accident, with possibilities including actions on the part of the trailer driver as well as mechanical failure. The salvage company that owned the truck has been operational since last year and the truck was subject to one roadside inspection in March of this year. When the truck was inspected, there were minor violations found including the vehicle being four pounds overweight and lacking in both required reflective tape and a mandated fire extinguisher. The truck was not taken out of service as a result of this inspection.

It is clear, however, that something went very wrong leading up to this tragic crash.  Whether the trucking company or driver failed to inspect the truck, or whether the driver did something dangerous or negligent that led to the trailer detaching, there is a good chance that the driver and trucking company will be held legally liable for the wrongful death of those killed in this tragic crash.

Trucking companies can be held responsible not only for their own negligence or failure to inspect a vehicle, but also if their drivers do anything careless or negligence that leads to a crash occurring.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

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