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

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

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

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

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

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

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

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Carmakers are racing to install the most sophisticated dashboard applications and connectivity into their 2013 models, and regulators are not happy. They believe in-dash systems will spark a whole new surge of distracted driver car accidents across the nation, which could far outweigh texting while driving accident injuries and fatalities due to the wide range of tempting new driver distractions they’ll present.

The New York Times recently reported that car manufacturers are doing all they can to entice car buyers who want to stay as connected as possible while on the road. Many 2013 car models will have Internet-based systems installed and the ability to connect smartphones to dashboard technology. This will allow drivers to do everything from booking theater seats and plane tickets to making hotel reservations and scanning dining reviews.

Upstate and western New York personal injury attorney James Morris doesn’t agree with car companies who insist that in-dash options are safer than hand-held devices, as they will add mental distractions on top of taking drivers’ hands off the wheel. Not only will drivers have more screens on which to type in search phrases, their minds will be all-too aware of the simple reality that they can get so much done, so to speak, while driving at high speeds. And that’s a subliminal distraction that can result in distracted driver fatalities.

The National Highway Transportation and Safety Administration said in its February 2012 report on Driver Distractions Guidelines for in-vehicle electronic devices that it considers even the most basic navigation devices as interfering “inherently with a driver’s ability to safely control the vehicle.” The report says up to 17% of the police-reported accidents in the United States in 2010 were driver distraction crashes, which is nearly or 900,000.

By allowing drivers on the road with so many more electronic and communications options, entirely new types of distracted driver car crash injuries will be added to a list that already includes texting car accidents and cellphone car wrecks, such as Facebooking rear-enders, Tweeting roll-overs and GPS user head-ons.

The NHTSA’s report includes several strong recommendations. One is that automakers shut down any dashboard functions that require drivers to take their eyes off the road for over two seconds. The 177-page report also suggests making illegal any keyboarding involving more than six button presses per task, along with the use of over 30 characters of text on a an dashboard screen.

Despite the lengthy study and stern opinions, NHTSA Driver Distractions Guidelines is not fueling any new legislation about distracted driving laws. The report says evidence of some distractions is “not sufficient at this time to permit accurate estimation of the benefits and costs of a mandatory rule” regarding such a wide range of electronically connected car systems. In addition, technology hardware, software and services are changing rapidly that any new regulations would likely become obsolete before being enforceable. It’s a frustrating equation but citizens and regulators alike must fight for tough distracted driver laws, in order to protect everyone on the road from people who drive recklessly due to in-dash electronic devices.

If you or a loved one suffered a distracted driver injury, find out how an experienced upstate and western New York personal injury lawyer can help you fight for your rights. Call the Law Offices of James Morris for a free consultation at 1-800-477-9044 or complete our online contact form.

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

A driver takes a risk every time he or she enters a vehicle. What if I get into a car crash? What if I’m rear ended? What if I’m not sure what to do after a car accident? All of these fears are rational and realistic. The National Highway Traffic Administration estimates that at least one car crash occurs globally every 60 seconds, approximating to more than 5.25 million car accidents every year. One of the most frequent types of car accident, a rear end crash, accounts for roughly 30% of all car accidents in a given year according to sciencedaily.com.

To combat these continually rising numbers, several car companies are implementing collision avoidance systems. These systems rely on a series of sensors located in both the front and rear end of the vehicle to alert the driver when he or she approaches external objects like nearby cars, parking ramp walls, or light poles. More intuitively, certain systems notify drivers that they must reduce their speed around upcoming turns and by how much to do so.

A real-world example of a collision avoidance system in action applies to a driver attempting to switch lanes. With the system intact, if a driver tries to prod his way into the left lane without noticing the large semi in his blind spot, the avoidance system belts out a word of caution alerting the driver of the nearby vehicle, thus preventing a potentially serious or fatal car crash. In certain brands, the car will actually swerve itself in the opposite direction to prevent the unsafe lane change.

Though many companies now include this technology in their vehicles, Swedish car manufacturer Volvo is at the forefront. Not only does Volvo’s system alert a driver if he or she is nearing a vehicle, but it also enables the car to slam on the brakes if the driver does not do so. Take a look at the video below to see Volvo’s collision avoidance system in action.

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.

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?

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

A woman finds herself still at the mercy of her caretakers at ECMC five months after a car accident stole her ability to walk, speak, eat on her own or even move her head. The August accident involving an impaired driver and his 40-year-old female passenger resulted not only in the woman’s injuries, but a vehicular assault charge and a four-year prison sentence for the driver.

The pair was returning to Buffalo from Indiana. The woman drove from Indiana to Pennsylvania until she grew weary, at which point the man took the wheel. The man, driving under the influence of drugs, lost control of the vehicle between Exits 55 and 56 on a Hamburg highway and was struck by a passing vehicle. The passenger side took the brunt of the collision, resulting in the woman’s devastating injuries. In addition to his impairment, the man operated the vehicle with a suspended license.

In a statement to the Supreme Court, the driver said “I didn’t mean for this to happen. . . I cry myself to sleep every night. I’m sorry, that’s all I can say.” Despite the man’s remorse, in addition to the vehicular assault charge, the court charged him with aggravated unlicensed operation of a motor vehicle and possession of marijuana. In a statement to the Buffalo News, the victim’s husband stated “Everything my wife loved to do, she can no longer do because of this accident… She can’t do anything by herself.”

You can avoid accidents like this. Do not drive under the influence of alcohol or drugs, or allow anyone in that condition to drive your vehicle. If you’ve suffered due to someone else’s recklessness, call James Morris Law today 716-855-1118.

Fatal auto accidents happen far too often in the Buffalo, N.Y. area. Just recently, a 24-year-old Colden, N.Y., resident was killed in a one-car accident. According to WKBW Eyewitness News 7, the victim was pronounced dead at the scene and appeared to be ejected from the vehicle, in which he was a passenger at the time of the early-morning auto accident.

Statistically, like most of America, the number of auto accident fatalities in New York State has declined steadily since 1990. That year, there were 2,217 traffic fatalities in New York State; in 2000, there were 1,460 deaths; in 2005, a total of 1,434 deaths; in 2009, there were 1,156 deaths statewide. But while the number of fatalities has decreased by 47.8 percent during a 19-year period, the financial impact of a fatal motor vehicle accident has soared higher nationwide in recent years. In 2009, the cost of a single motor vehicle fatality exceeded $6 million nationwide, according to federal accident data analyzed by AAA. That figure is 85 percent – or $2.76 million – higher compared to 2005, when the estimated cost of a single motor vehicle fatality was $3.24 million.

And here’s another figure to consider from the same study conducted by AAA. The overall cost of fatal auto accidents each year nationwide is $299.5 billion. That’s equal to $1,522 per person each year, according to the study. How did the study come up with such figures? The report used Federal Highway Administration data and assigned a monetary value to a variety of components, including medical and emergency services, lost earnings, property damage and diminished quality of life.

Fatal auto accidents in New York State happen fast.  If your family has lost a loved one due to another driver’s irresponsible behavior, don’t give up hope. Contact a New York auto accident attorney who puts people first. Contact the Law Offices of James Morris.

A recent survey by the National Highway Traffic Safety Administration showed that, despite increased legislation forbidding it, texting while driving is on the rise. The survey estimated that roughly 1 in every 100 drivers on the road at a given moment was texting, e-mailing, surfing the web or using some other feature of their portable handheld devices in 2010: a year that amassed nearly 3100 deaths in automobile accidents due to distracted driving.

The results of the survey are cause for alarm. At the Law Offices of James Morris, our Buffalo car accident lawyers have seen first-hand the devastation of distracted driving crashes in New York. Our attorneys have represented clients who were seriously injured in auto accidents due to the negligence of other drivers.

The data unveiled a drastic dissonance between driver beliefs and behavior. According to the NHTSA survey, those polled acknowledged very few circumstances where they would NOT talk or text on their cell phone while behind the wheel, despite supporting greater restrictions on both behaviors (seventy-one percent of survey participants supported bans on using handheld devices behind the wheel, while a whopping 94% supported bans on texting while driving). Seventy-five percent of those same drivers polled said they would answer their ringing phone while driving, without regard to driving conditions at the time of the phone call.

Thirty-five states currently have a ban in effect for drivers who text and drive, while only 9 ban the use of handheld devices altogether (New York included). These statistics beg the question, should drivers face stricter penalties for using cell phones behind the wheel? The majority of the 6000 drivers surveyed believed that issued fines should be at least $100 and a quarter of them felt that $200-$500 was a sufficient penalty to pay. Ironically, the very same drivers who support increased fines are the ones paying the price.

If you’ve been injured in a texting while driving related accident, call James Morris Law today. 716-855-1118. Our personal injury lawyers in New York put experience and resources to work for clients.