In 2007, a lone gunman shocked the nation with his violent rampage on a campus full of unsuspecting students in Blacksburg, Virginia. The campus was the Virginia Polytechnic Institute, and the gunman, a disgruntled English major with a history of psychological distress and anxiety disorders. Five years after the massacre that took the lives of 33 students, including his own, and injured 25 others, prosecution attempted this past week to establish responsibility in this extensive list of wrongful death cases.

When word first broke on campus that a gunman opened fire on his classmates, university police dismissed him as a jealous boyfriend posing no further threat to the student population, or so the prosecutors lead jurors to believe. Despite yielding both .22 caliber semi-automatic and 9 mm handguns, the prosecution provided evidence that university police waited two and half hours before responding to the first shots on campus according to the Washington Post. Once a response was finally set in motion, the police pursued the wrong suspect, allowing the gunman to chain-lock the doors of Norris Hall and continue his massacre.

In a case like this, it’s difficult for a wrongful death attorney to establish responsibility or determine who was negligent  due to the complexity of the situation. But grieving parents need some sense of closure in directing blame for the death of their child. Since the gunman was unable to stand trial, the parents attorneys attempted to prove the elements of negligence in the university police’s error in judgment and response.

At James Morris Law, in wrongful death situations involving car accidents,  construction accidents or other types of negligent cases, it is our job to bring justice to those who’ve lost a loved one. If you’re in need of a buffalo personal injury lawyer, or buffalo wrongful death lawyer  call James Morris Law today, 716-855-1118.

Texting while Driving threatens our safety behind the wheel. Unfortunately, little research exists to conclude the severity of damage texting while driving causes. The Governor’s Highway Safety Association (GHSA) however, released a definitive report last summer on distracted driving, pulling research from over 350 scientific papers published over the last decade. Much of their research focused on cell phone use while driving. Before we get into the conclusions of the GHSA’s research, here’s a brief overview of the different types of distracted driving.

Four types of driver distraction:

• Visual – drivers eyes focused on something other than the road
• Auditory – listening and focus attention to sound unrelated to driving
• Manual – physically interacting with something other than the steering wheel
• Cognitive – mental processes focused on something other than driving

Many distractions incorporate any or all of these types causing both sensory and mental distractions. The GHSA used these distractions as criteria for their study to determine when drivers were considered distracted. Now that you know what constitutes distracted driving, here are some of the most startling distracted driving statistics from the GHSA’s report (view the full report here: Distracted Driving: What Research Shows and What States Can Do)

1. Drivers are distracted up to 50% of the time while driving: based on observations of over 100 different drivers, drivers engaged in a secondary activity 25%-50% of the time. More specifically, evidence showed that two-thirds of all drivers surveyed reported cellphone use while driving
2. Fifteen to thirty percent of all crashes involve at least one distracted driver: this proportion may be even greater due to restrictions in generating data.
3. One eighth of all drivers admitted to texting and driving: the study also suggested that texting is likely to increase crash risk more so than traditional cell phone use.

Due your part to stop preventable car accidents by shutting out distractions while driving. Should you fall victim to a distracted driver, contact a buffalo lawyer from a law firm with over 100 years of combined personal injury compensation experience. Call James Morris Law, 716-855-1118.

A dog bite injury is painful enough for a family to deal with, let alone the numerous other animal injuries a person can suffer. The info-graphic below provides a grim look at the havoc an everyday pest, like a mosquito, can wreak on an unsuspecting victim. If you need a lawyer as the result of a dog attack, or a personal injury attorney in Buffalo, call James Morris Law today, 716-855-1118

Source: TotalInjury.com

Reckless driving applies to any age group, typically however, it’s our young driver’s that concern us most. The Center for Disease Control and Prevention (CDC) estimated that in 2009, over 3,000 teens, age 15-19, were fatally injured in car accidents, and another 350,000 were treated for automobile injuries. An even more startling automobile accident statistic by the CDC claims that, though people ages 15-24 account for just 14% of the population, they account for 30% of the total costs of injuries from car accidents among males, and 28% among females, culminating a whopping total of $26 billion annually. So what causes this vast discrepancy in teenage driving risks versus the rest of the population? The CDC provides an extensive list of teen car accident factors to explain this phenomenon; here are a few of the most important:

1. Teens are more likely to speed: In 2005, 37% of fatal car crashes involving 15-20 year olds were due to speeding. The presence of male teenage passengers increases this likelihood according to a study on the observed effects of teenage passengers on the risky driving behavior of teenage drivers.

2. Teens have the lowest rate of seatbelt use: a 2005 study confirmed that roughly 10% of teens admitted to rarely or never wearing a seat-belt, that percentage was even higher for male participants.

3. Teens are more likely to be in an accident at any BAC level: the CDC confirms that any elevated level of blood alcohol puts teens at a greater risk of a car accident than the rest of the population. Twenty-five percent of drivers age 15-20 who died in a car accident in 2008 had BAC levels of .08 or higher.

4. Teens are more likely to be in a car accident on the weekend: A 2008 study found that 56% of teenage fatal car accidents occurred on Friday, Saturday or Sunday.

Fortunately, there is hope for teen drivers. Research suggests that 16-year-olds who enrolled in comprehensive graduated drivers licensing (GDL) programs slashed their risk of getting in an automobile accident by as much as 40%. An automobile accident can strike anyone at any time, not just teens. Should you, a child or a friend need a car accident attorney, call an attorney in buffalo from a law firm with over 100 years of combined personal injury experience. Call James Morris Law, 716-855-1118.

Below you’ll find anything and everything you’ve ever needed to know about car accidents, car accident law and car accident injuries that we’ve posted on JamesMorrisBlog.com. Enjoy!

1. Should NYS Ban Cell Phone Use in Cars
2. Useful sources for knowing your BAC Level
3. Read this and think twice before driving impaired
4. How much would a fatal car accident cost you?
5. Texting while driving on the rise
6. Why automobile accidents occur between cars and buildings
7. Are teen car accidents higher in the summer?
8. Why your bus driver might cause your next car accident
9. What happens in a car accident with an uninsured motorist?
10. Most common type of car accidents in New York and its cause.
11. Teen Car Accidents: What’s the Cause?

Our legal system is an adversary system. It is easy to become angry with opposing counsel or a Judge who disagrees with our position. As lawyers it is crucial that we act in a civil manner. Personal attacks are never warranted. We can condemn the conduct without name calling. While I admit to enjoying the humor of South Park or Family Guy, the often brutal verbal attacks on these shows involve cartoon characters and do not hurt people. By avoiding harsh attacks or crude language we improve our chances of reaching a resolution and improve our relationships.

Spring is around the corner, which unfortunately means a surge in bicycle accidents. In 2009, over 600 bicyclists were killed in collisions on the open road, and another 50,000+ were injured according to the National Highway Traffic Safety Administration (NHTSA); an alarming bicycle accident statistic for those who plan to saddle up their bicycle and hit the pavement as the weather warms. Many bicycle accident injuries are preventable. Below you’ll find some tips and preventive measures to take to assure that you stay clear of a personal injury.

1. Wear a helmet!
Easily the most obvious tip for any bike rider, but also the most important. The Bicycle Helmet Safety Institute reported recently that 37 states require cyclists to wear helmets. The majority of these laws apply only to those under the age of 18. Another survey, conducted by the NHTSA, concluded that despite measures taken to increase bicycle safety, roughly 65% of bicyclists choose not to wear helmets. In 91% of bicycle collision deaths, the rider did not wear a helmet, according to the Institute of Highway Safety. Use your head, wear a helmet.

2. Pump your brakes.
Did you know that in many states, in addition to being a serious safety hazard, riding a bicycle without brakes is illegal? The cycle circuit comprises many types of bikes: single-speeds, 10-speeds, 21-speeds, mountain bikes, etc. A recent trend however, especially in highly urbanized areas, is fixed-gear bicycles: single-speed bikes with no traditional braking-mechanism. These bikes force riders to use their legs and feet to bring the bike to a halt, requiring an increased amount of focus and a quick reaction time. Save yourself some trouble and ride a bike with traditional brakes to prevent a bicycle injury.

3. Lighten Up.
This tip is especially useful for those night-crawling cyclists. If you take to the streets when the sun goes down, be sure that you’re visible to motorists. Wearable blinking reflectors are not only cheap and practical, but can also save your life. Clip one to your clothes or to the front/rear of your bike so drivers can identify you on dim lit roads.

Bike riding provides a great reason for you to get outdoors and enjoy nature to its fullest; keep it an enjoyable experience by following the tips listed above. Should you or a fellow rider suffer an injury from a bicycle accident, call an attorney in buffalo from a law firm with over 100 years of combined personal injury experience. Call James Morris Law, 716-855-1118.

Most dogs are loving and great companions.   Unfortunately some dogs present a risk to the public, and to small children in particular.  The lawyers at James Morris Law have successfully handled a great number of dog bite lawsuits, including the case discussed in the attached video involving a very young girl who suffered severe facial lacerations resulting in scarring when attacked by a neighbor’s dog.  We were able to investigate the laws of New York and develop the necessary proof of the dog’s history of exhibiting a vicious propensity in this dog bite lawsuit.

A significant settlement was achieved on the child’s behalf to provide funds for her future medical care due to her dog injures, and to assist with college costs.  Past results do not guarantee similar outcomes.  The video addresses some of the important issues in handling dog bite cases.

We are pleased to announce that the National Trial Lawyers Top 100 Trial Lawyers has extended an invitation to James Morris. This is an elite group of the top lawyers in New York. Membership in the organization is by invitation only and is extended to individuals who exemplify superior qualifications, trial results and leadership in their respective state. The Top 100 Trial Lawyers list is based on and limited to an average of 100 lawyers in each state. Membership in this organization allows the attorney to attend legal education conferences and share information and tactics with the country’s leading trial lawyers.

While the perils of drunk driving are apparent to everyone, the number of people who still commit this act is discouraging. In late December, an impaired driver claimed the life of a South Buffalo man just ten houses from the victim’s home. The driver, a West Seneca native, now faces upwards of seven years in prison, charged with driving while intoxicated and vehicular man slaughter. The victim was crossing a neighborhood intersection that he’d presumably passed an immeasurable number of times when the intoxicated driver struck. Paramedics rushed the man to the Erie County Medical Center where he died early the following morning.

Drunk-driving accidents can be prevented by both impaired drivers and pedestrians. If you’ve been drinking, avoid operating a vehicle at all costs, regardless of whether you’re below the legal limit. As a general rule, if you’ve had anything to drink, find a different ride home. For pedestrians, be aware that drivers do take the risk of driving impaired, so stay alert of your surroundings and avoid walking on roads, especially dim lit roads at night. If you’re interested in testing your BAC purely for informational purposes, consult the sources below:

• BloodAlchoholCaclulator.org
• BAC Estimates
• Erie County: Stop DWI
• Home Breathalyzer Kit