A recent Buffalo News Article published on November 16, 2022, highlighted that Twice in 12 hours, Amherst pedestrians had been hit by vehicles. The separate events within a 12-hour span resulted in both pedestrians suffering head injuries that required medical treatment.

This is not a new issue in Amherst, New York. From 2010-2019, three pedestrians were killed after being struck before dawn along a one-mile stretch of Niagara Falls Boulevard on the town line between Amherst and Tonawanda. Another six pedestrians were killed in a five-year span on a 2.4-mile stretch of the Boulevard from Ridge Lea Road north to East Robinson Road.

The Department of Transportation has made recommendations to minimize the risk for pedestrians in the area which included adding more visible crosswalks and lowering the speed limits in some areas.

It is important to be vigilant if you are a pedestrian. Unfortunately, not everyone is focusing behind the wheel these days. Make sure you keep these tips in mind if you are walking on or near the road:

• If there is a sidewalk, be sure to use it. Do not walk on the side of the road if you can avoid it.
• Obey traffic signals.
• Only cross the road inside of a crosswalk to ensure your safety.
• Look both ways before entering a crosswalk.
• Make sure it is clear before you cross the road, even if the lights indicate you have the right of way.
• Do not cross when your view is blocked. Move to a different location where your view is clear, and then cross safely.
• Be on alert for vehicles that may be traveling from a different direction into your path.
• Do not look at a cell phone or device, pay attention to the traffic around you.
• Wear bright-colored clothing and carry a light at night.

Follow safe practices as a pedestrian or driver

When it comes to the holiday season, it involves gathering, traveling, decorating, baking, and so much more with the ones you love. It is most important to keep safety in mind so that you can continue your celebrations with those who mean the most to you.

Here are some tips to get you through the holiday festivities in a safe and fun way!

Traveling:

• Leave yourself plenty of time to drive from one place to another while anticipating the holiday traffic.
• Be mindful of the weather for the day and have a plan for the safest way to travel under wintry weather conditions.
• Do not drink and drive. Instead, have a plan to get home if you’ll be consuming alcohol.

Decorating:

• If you are decking out your home in the finest Christmas lights or placing candles all around the home, be sure to do so safely.
• If you’ll be on a ladder, make sure you’re using it properly as marked, and have another person standing at the bottom securing the ladder to avoid any falls.
• If you will fill your home with candles for décor, please be mindful about the placement of candles, and be sure to always extinguish the flame if you are no longer going to be in the same room as the lit flame.
• Be careful with any tools you may use to hang.
• Don’t get crafty finding things to stand on while trying to hang the high ornaments, lights, or décor. Just use a secure ladder!

Cooking/Baking:

• Always be mindful of children while in the kitchen.
• Do not leave food cooking unattended.
• Know the difference between different types of fires and how to extinguish the fires.
• Use pot holders to remove items from the oven to avoid burns.

Have fun, stay safe, and enjoy your Holiday season!

Happy Holidays from James Morris Law!

School is out, and kids of all ages are ready to enjoy their summer vacation! As the days get warmer, more and more kids will be begging their parents, babysitters, and legal guardians to take them to the local playground.

Unfortunately, over 200,000 children receive emergency medical treatment for various playground injuries every year.

While the playground is a bastion of fun and a door to a child’s imagination, there are still rules to be followed for their own safety. Here are a few tips to ensure your next trip to the playground is stress free.

• Always keep an eye on your child.
• Properly dress your child. Your child should wear athletic clothing. Tie their shoes tight. Avoid clothes that may get tangled with playground equipment (ex. necklaces, drawstrings, etc.)
• Check playground equipment. Do not allow your child on equipment that is wet or extremely hot. Look for rust, protruding bolts, broken equipment and other sharp points or edges.
• Instruct the child to use the equipment correctly. Your child should sit properly on swings, slides, and seesaws, as well as hold on tightly to prevent themselves from falling.
• Survey the playground space. The ground surface surrounding the equipment should be covered with at least 12 inches of shock-absorbing material such as sand, wood chips, mulch or safety-tested rubber. Playground structures taller than 30 inches should be at least 9ft away from each other.

There are many hazards on playgrounds that can cause severe injuries to children. Sometimes, playground accidents happen due to the negligence of the owner or manager of the property, whether that’s a school, park, or individual property owner.

If your child was injured in a playground accident, it’s important to know your legal rights and options. At the Law Offices of James E. Morris, we can listen to what happened, answer your questions, and help you weigh your legal options. To learn more, contact us today for a free consultation with an experienced child injury lawyer.

The brutal winter is finally over, and people around the Western New York area are gearing up for long days by the local lake, pool, or pond!

Although we are all eager to enjoy this summer season, remember to practice your water safety.

In the US, there is an average of 10 fatal drownings per day, and drowning is the number one cause of injury-related deaths for children between the ages 1 and 5.

Water safety is essential to having a fun and relaxing summer with the people you love.

Here are a few tips to ensure your safety, whether you are boating on Lake Erie or hanging out by the pool:

• Always keep an eye on children.
• No diving in shallow water. (min. 8ft to dive)
• Wear a life preserver while boating.
• Swim with a partner.
• Check the weather forecast before water activities.
• When caught in a current, stay calm and float with it, or swim parallel to the shore until you can swim free. Do NOT try to fight the current!
• Avoid alcohol while swimming, boating, and participating in water sports or activities.

A Buffalo, NY car accident lawyer reveals what drivers need to know

Hundreds of thousands of vehicles travel the roads in Buffalo and throughout western New York every day. It only takes one negligent driver to cause a car accident that can leave people seriously hurt. Many victims of these crashes suffer painful and traumatic facial injuries that have a significant impact on their lives.

One study published in the American Journal of Emergency Medicine found these types of injuries are very common. It reviewed the cases of 461 accident victims who had been admitted to a regional trauma center during a 15-month period. Just over half of them were found to have suffered facial trauma.

The impacts of facial trauma

There are many ways that facial injuries can happen during an auto accident. Broken glass and other debris can strike the face, resulting in serious cuts and lacerations or eye injuries. Impact with the steering wheel or another part of the car can lead to broken bones. If a fire breaks out during the crash, a person can suffer painful and devastating burns to the face.

These injuries can happen in seconds, but often have a lifelong impact on victims. They are affected physically and may require extensive medical treatment. This may include reconstructive surgery and/or skin grafts to repair scarring or other types of disfigurement.

Victims may also be affected emotionally. If their face is left disfigured, they may experience emotional difficulties and a loss of self-confidence.

There is also a financial impact. The cost of medical treatment can add up quickly and accident-related expenses can become overwhelming. This may include the cost of surgery, hospitalization, medication, and therapy.

If a negligent driver caused a crash that left a victim with a facial injury, the victim deserves financial compensation for the damages they’ve suffered. But the process of recovering compensation can get complicated quickly.

Experienced legal representation can make a difference

One obstacle is the negligent driver. That driver may have been speeding, driving recklessly, texting and driving, or driving drunk. But negligent drivers often deny doing anything wrong and refuse to admit fault. If you were hurt in an accident, the other driver may claim that YOU were actually at fault.

Another obstacle is the insurance company. While processing your claim, insurance adjusters focus on their company’s bottom line. That’s why they will try to pay you as little money as possible. They’ll question the extent of your injuries or argue they were pre-existing. Or they’ll pressure you to just accept a lowball settlement offer, saying it’s the best that they can do.

That’s why it’s important to have an experienced attorney on your side. You need a lawyer who knows the tactics that insurance companies use and how to build strong cases that they can’t ignore.

Attorney James Morris has been fighting for the injured for decades. He understands the impact that facial trauma and other types of injuries can have on crash victims. He knows how to handle insurance company attempts to limit your compensation, and he fights for every dollar you deserve.

If you suffered a facial injury in a crash, it’s important to get legal advice as soon as possible. Contact us today to schedule a free consultation with an experienced Buffalo car accident attorney.

If you’re hitting the road on your bike, be prepared

It’s peak cycling season in western New York, and while hitting the road on a bike is a great way to enjoy our beautiful weather, it’s also potentially dangerous if motorists don’t share the road. Cyclists need to know the law, know their rights, and know how to protect themselves. Here’s what you need to know about safe cycling in New York.

Cyclists have every right to use most roads

In New York, bicycles are allowed on most roads, though they are not allowed on highways, interstates, and similar unless specifically permitted by signage. Cyclists are required to use the bicycle lane if one is available, or ride as far to the right as possible if there is no bicycle lane. It’s legal to ride two abreast if there is no other traffic on the road. Cyclists are also allowed to “take the lane” and ride to the center to avoid being passed on the left if the lane is very narrow (10 feet or less).

As a cyclist, you are required to ride with rather than against traffic (except for one-lane roads), follow traffic lights and signs, and signal before turning. Bicycles are allowed to use the same turn lanes as motorists, including using the entire left turn lane when making a left turn.

New York law doesn’t prohibit biking on the sidewalk, but many cities have passed local laws addressing this. In Buffalo, children under age 14 are allowed to bike on the sidewalk, but cyclists 14 and up are not.

Make sure you’re prepared to ride safely

When you’re on a bike, sharing the road with cars, you are vulnerable to injury, so it’s important to protect yourself. Wear a helmet – in New York, only children under 14 are required to wear helmets, but it’s a good idea for everyone – as well as bright or reflective clothing to maintain visibility. Tuck in your clothes, tie your shoelaces, and carry items in a backpack or strapped to the rear of the bike to make sure nothing gets caught in your bike’s moving components. Keep both hands on the handlebars, unless signaling a turn.

That said, there is only so much any cyclist can do while sharing the road with much larger and more dangerous vehicles. Motorists have a legal obligation to drive with caution around bicycles, including leaving at least three feet of room when passing on the left, yielding the right of way at intersections, and paying close attention at all times. It’s also illegal to block a bicycle lane, to open a car door into traffic without first checking for bicycles, or to leave the door open for any longer than necessary to load or unload passengers.

Injured cyclists have legal rights

Ultimately, while cyclists certainly should do what they can to protect themselves, motorists need to share the road — and they need to be held accountable when they fail to do so. If you are hit by a car as a cyclist, you can always file a “no-fault” claim with the insurance policy for the vehicle that hit you. If your injuries are serious, then you can file a third-party claim or a civil lawsuit against the at-fault driver. Under New York law, you deserve full and fair compensation for your injury-related expenses, including medical bills, lost wages, pain and suffering, and other costs.

The key is to act quickly. Evidence can disappear fast in a bicycle accident case, and important legal deadlines can limit your ability to recover. If you’ve been hurt in a bicycle accident in Buffalo or anywhere in western New York, the Law Offices of James Morris would be honored to listen to your story and explain your legal options in a free consultation.

Even if you’re responsible and practice safe driving habits, all it takes is one negligent driver to cause a car accident that changes your life forever.

While every crash has the potential to cause severe, life-threatening injuries, head-on collisions are easily the most deadly because of the force that’s released when two vehicles going in the opposite direction collide, resulting in a devastating impact that is considerably more destructive than what victims usually experience in other types of motor vehicle accidents.

Common causes of head-on collisions include lane departures by motorists who are texting while driving, speeding, asleep at the wheel, or driving distracted — but wrong-way drivers, that is, those who drive the wrong way down a divided highway or ramp —  are actually the most at risk of causing a deadly head-on crash.

Unfortunately, these types of crashes are on an upward trajectory.

According to the AAA Foundation for Traffic Safety, there were about 500 deaths per year from the period of 2015-2018 due to wrong-way crashes on divided highways, an increase of about 34% when compared to the average number of annual fatalities caused by wrong-way drivers from the period of 2010-2014.

Experts agree that older drivers have a better chance of becoming wrong-way drivers, but those who pose the biggest risk are drunk drivers.

“Wrong-way crashes on divided highways are often fatal as they are typically head-on collisions. And unfortunately, as the data shows, fatalities from these crashes are on the rise.” —  Dr. David Yang, executive director of the AAA Foundation for Traffic Safety. 

Drunk driving the biggest factor

A staggering 60% of wrong-way crashes involved a drunk driver, which is why AAA and the National Transportation Safety Board (NTSB) are increasing awareness and calling for countermeasures to help address the problem.

“Alcohol impairment is, by far, the single most significant factor in the majority of wrong-way driving crashes, which unfortunately has not changed since the NTSB issued its Wrong-Way Driving special investigation report in 2012,” said Dr. Rob Molloy, NTSB Director of the Office of Highway Safety. “The important work done by AAA shows that we need to redouble our efforts to address this safety hazard.”

To keep impaired drivers off our roads, the NTSB suggests:

• Highly visible enforcement operations.
• DUI checkpoints.
• Promoting the installation of alcohol ignition interlock devices, a tool intended to prevent a vehicle from starting unless the driver provides a breath sample that results in a blood alcohol concentration (BAC) below a pre-set limit.

Crash data also reveals that drivers older than 70 have greater odds of being a wrong-way driver when compared to their younger counterparts. Analysts say certain steps can be taken to address the issue, such as driver refresher courses, installing more visible signs and signals, infrastructure improvements, and legislation to help identify drivers who may be at risk physically or cognitively.

Make your case count. Contact us today.

If you were injured or a loved one died in an upstate New York crash caused by a wrong-way driver, you owe it to yourself to set up a free legal review of your case.

A knowledgeable and experienced car accident attorney can help you get the medical care and treatment you need, investigate your claim, find evidence to build your case, represent you in settlement negotiations, and file a lawsuit on your behalf if the insurance company won’t offer you a fair financial settlement.

Attorney James Morris is a highly skilled personal injury lawyer in Buffalo who has been practicing law for more than 30 years and has won millions of dollars in settlements and verdicts for his clients. Attorney Morris isn’t afraid to take on complex cases and fight hard for victims struggling to recover from injuries. Over the years, he has built relationships with accident scene investigators, reconstruction experts, medical professionals, and others who can provide the expert testimony you need to win your claim.

Find out what the Law Offices of James Morris can do for you.

Contact us today to schedule a free case consultation.

Among the most avoidable fatal motor vehicle accidents in the world are those caused by distracted drivers.

So, it’s tragic that this type of death is on the rise.

Distracted driving is when a person operating a motor vehicle attempts to multitask by doing something such as texting, eating, shaving, or applying makeup to the already focus-intense act of driving.

Distracted driving is a choice. The death and damage caused by distracted driving can be easily avoided by any motorist who refuses to take his or her attention off the road.

Yet in 2019, more than 3,100 people died in preventable, distracted driving car accidents. This is a 10% spike over how many people died due to distracted drivers the prior year, according to new research by the Governors Highway Safety Association (GHSA).

Data on how many people have suffered whiplash, nerve damage, head injuries, broken bones, and internal bruising from these types of crashes is not as available.

NY Distracted Driving Law

Meanwhile, states across the country have been drafting and passing anti-distracted-driving laws mostly within the last five years. The first state to ban texting while driving was Washington. They did it in 2007.

In New York, the state has banned the use of handheld devices like cellphones, smartphones, unmounted GPS devices, and tablet computers, among other equipment. The state also has a separate ban on texting while driving. New York passed its first anti-distracted driving law in 2011. Violating the law results in a fine from $50-$450 depending on circumstances.

The federally funded GHSA study, “Using Electronic Devices While Driving: Legislation and Enforcement Implications,” found that the laws really can prevent many fatal crashes, but only if they are rigorously supported. Researchers found that states with strong anti-distracted driving laws, backed by enforcement and public education, had the least distracted driving accidents.

Bullied By Insurance Companies

While the law seeks to stop distracted driving accidents, it doesn’t do much to help the victims and their families of such avoidable harm and damage.

Insurance companies have been granted the primary responsibility of compensating accident victims and their families – and they are incentivized to pay victims as little as possible. They do this by making lowball settlement offers, delaying payments, questioning the extent of injuries and damages, blaming the victim, and outright denying a claim. An insurance company may attempt to pull one of these tactics on you, even if it’s your insurance provider.

What a Good Lawyer Can Do For You

A typical distracted driver will take their eyes off the road for 5 seconds to check a text, the GHSA report noted. If a person checks a text while going 55 mph on the highway, they will have traveled the length of an entire football field in that time. A crash caused by a distracted driver can happen anywhere at any time to anyone, regardless of driving skill.

An experienced lawyer knows how to collect the proof you need to support your claim. An attorney can track down eyewitnesses, bring in experts who can read clues at the scene like skid marks (an absence of which likely means the driver didn’t brake before the accident), and gain access to information like the at-fault driver’s cellphone records.

If you or someone you love has been injured in an accident caused by a distracted driver, the key to recovering fair and full compensation for your damages is having a good lawyer on your side. Any settlement or court verdict needs to compensate you for past, current, and future medical expenses resulting from the accident, as well as lost wages, lost earning potential, lost quality of life, and any other accident-related expenses.

The Law Offices of James Morris has been helping clients in western New York and the Buffalo region following motor vehicle crashes and other types of accidents for years. Attorney James E. Morris has been selected by Super Lawyers in the personal injury field every year since 2009 as one of New York State’s best lawyers. Contact us today for a free consultation.

If you’ve been hurt in a car accident, you’re looking at dealing with at least one insurance company, and perhaps several more. You need to be aware of the arguments they’ll use to try to limit the amount they have to pay.

Remember, the insurance company’s goal is to protect its bottom line

Some of the arguments an insurance adjuster may make won’t even sound like arguments. They’ll ask you seemingly innocuous questions or ask you to give them a recorded statement. They’ll say they’re on your side. The truth is that the insurance company’s financial incentive is to pay you as little as possible (or nothing at all), and that means you constantly have to be on the alert.

“They weren’t going very fast, right?”

This is common in rear-end collisions and other crashes that happen at low speed. The insurance company’s goal here is to downplay the severity of the collision and thus the extent of your injuries. This is often a prelude to arguing that you’re faking or exaggerating your injuries, or that your injuries were not actually sustained in the crash.

Insurance companies play this game all the time, which is why we strongly encourage you to see a doctor right away after a car accident, even if you think it was minor. Getting medical attention not only protects your health but also creates a record of your injuries in case the insurance company tries to dispute them later.

“Do you think you could’ve avoided it if you were paying closer attention?”

Whenever an insurance company has the opportunity to shift blame for your injuries onto you, they have a significant incentive to do so. New York uses the comparative negligence standard to determine damages (financial compensation) in personal injury claims. If you are found to be, say, 30 percent responsible for your injuries, your award will be reduced by 30 percent. Even if the insurance company can’t pin the entire accident on you, any percentage of fault reduces the amount they have to pay.

The insurance companies invest a lot of effort in determining fault in ways that benefit them, up to and including hiring their own experts to make the case that you were at fault for your injuries. It’s critical that you have your own advocate telling your side of the story and arguing for your interests.

“It’s a he-said-she-said, so there’s nothing we can do.”

On the surface, your accident may look like your word against the other driver’s. Again, the insurance company’s incentive is to use any uncertainty to their financial advantage. They may cast doubt on your ability to recover at all and perhaps offer a small settlement, saying it’s the best they can do. (More on that in a moment.)

The truth is that a full investigation, cross-referencing witness testimony, physical evidence, and other information we may be able to gather, can often establish fault for an accident much more definitively than seems possible at first. That’s why you need to retain an attorney as soon as possible to launch an investigation that protects your interests.

“Here, take this settlement.”

They may say it’s the best they can do, or they may not even say that much. The insurance company wants you to believe that you have to just take whatever they offer, which is usually a “lowball” number intended to protect their bottom line. In reality, any personal injury settlement is negotiable, and an attorney may be able to get you much more than the insurance company’s initial offer or even what they say is their “final” offer.

Remember, once you’ve accepted the insurance company’s money, that’s it; you can’t go back for more. The settlement you accept must cover the full, long-term cost of your injuries. The only way to be sure you’re getting full and fair compensation is to review the settlement offer with an experienced car accident attorney.

The key takeaway: don’t negotiate with an insurance company on your own

Insurance companies do this every day. Their adjusters and attorneys are experts at reducing or denying claims. If you try to negotiate with them on your own, you’re at a severe disadvantage. An experienced attorney can level the playing field and handle these questions on your behalf while you focus on getting better.

If you’ve been in a car accident, we’d be honored to discuss your legal rights in a free consultation. If you choose to retain us, we’ll deal with the insurance company on your behalf, countering their arguments and advocating for your interests. Contact us today for a free consultation with a Buffalo car accident attorney.

We hear some variation on this question every day, and the short answer is “it depends.” Some car accidents are worth thousands of dollars, others are worth millions.

In essence, the more severe the effects of the accident on your life, the greater the value of the claim. Read on to see how we determine the value of a car accident case.

It all depends on the extent and effect of your injuries

When we assess the value of your case, we ask two main questions: how badly were you hurt, and how will your injuries affect your life? If your injuries required surgery or other significant medical procedures, the cost of that treatment should be included in the value of your claim. If you’re unable to work for a period of time, your car accident claim should include the wages you lost. Likewise, if you have to work reduced hours or take on a lighter duty role for less pay, the difference in earnings should be reflected in your claim.

These are examples of “economic damages;” that is, objectively verifiable losses that are tied to a specific dollar amount. We also pursue compensation for non-economic damages such as pain and suffering, loss of consortium, and loss of quality of life. While those kinds of losses are more subjective in nature, they are no less real and no less important than economic losses. We have the experience to build the case for the full amount of damages you have sustained, both in negotiations and, if necessary, at trial.

In order to get full value for car accidents, we think long-term. Often, we retain experts to get a full assessment of the ways the accident will affect you for the rest of your life. For example, we may retain a medical expert to estimate the likelihood and cost of future surgery, or an economist to estimate the effects of the accident on your long-term earning potential. Remember, once you accept a settlement from an insurance company, that’s it; you can’t go back for more. We work hard to ensure that any settlement we negotiate for our clients covers the full, long-term cost of the accident.

The role of comparative negligence

If you were injured in a car accident for which you were partially at fault, New York uses a pure comparative negligence standard to determine compensation. That means as long as you were less than 100 percent at fault, you can still recover compensation for whatever portion of the accident was the other driver’s fault. The comparative negligence standard reduces your recovery in proportion to your percentage of fault; for instance, if you are found 40 percent responsible for the accident, your recovery will be reduced by 40 percent.

Running into insurance policy limits

Under New York law, all drivers are required to carry at least 25/50/10 liability coverage: $25,000 for bodily injury or death to a single person, per accident; $50,000 for all bodily injuries caused in a single accident; and $10,000 for property damage, per accident. All motorists are required to carry $50,000 in no-fault insurance as well. However, the cost of a single accident can well exceed the state minimums, which is why we strongly recommend carrying a healthy amount of uninsured and underinsured motorist protection (UM/UIM) to ensure that you’re protected even if the driver who hit you doesn’t have enough insurance.

Making sure you have this coverage is important because the amount of available insurance tends to be an effective cap on the value of your claim. While in theory, we can pursue compensation from the at-fault driver’s assets if their insurance doesn’t cover the full value of the injuries they caused, in practice, that’s a costly and time-consuming process at best, and often there just aren’t assets to take.

Cases where there isn’t enough available insurance are difficult for everyone involved, but we do our best to maximize the value of your claim. We have extensive experience coordinating coverage and negotiating with insurance companies and medical providers to help our clients make the most of a bad situation.

The only way to know what your case is worth is to talk to a lawyer

Don’t rely on the insurance company to assess the value of your claim. They have a financial incentive to pay you as little as possible, so you can be confident that whatever they offer you is at best a “low-ball” figure. You need your own advocate to fully investigate your accident and build a case for the full amount of compensation you need.

That’s why we offer a free consultation. When you meet with us, we’ll listen to your story, review the circumstances of your accident, and explain your legal options. There’s no obligation to hire us, just candid answers about your legal options. Contact us today to schedule your free consultation with attorney James E. Morris.