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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An article appeared in the Buffalo News today about teen driving habits, specifically teens driving while texting and emailing. The statistics in the article are alarming. Over half of the teens surveyed in a national study, conducted by the Centers for Disease Control, admitted to texting while driving. That number jumps to 58% when the study is narrowed to high school seniors. As we mentioned in a previous post on texting while driving the practice can significantly increase your risk of an accident while driving. This point is reinforced by another stat line from the Buffalo News article: Distracted driving accounts for 16% of teen motor vehicle deaths.

While these stats are scary, the Transportation Department aims to do something about it. They are in the process of awarding grants in pilot programs in California and Delaware to deter the behavior through stepped-up enforcement and education on the dangers of texting while driving. If you have teen drivers in your household do your part as well. Let your teen know that texting while driving is a reckless habit that not only endangers their safety, but the safety of other drivers on the road. Consider having everyone in your household participate in a program like WGRZ’s ‘Pledge to Hang Up’, WIVB’s ‘thnk b4 u txt’ program, or any of a number of programs that advocate again distracted driving. More information, including quick facts and tips on how to stop, is also available through the National Highway Traffic Safety Administration program, ‘Stop the Texts. Stop the Wrecks.’

Do your part to stop preventable car accidents. Be sure that you and your family are practicing safe driving techniques. Don’t text and drive. If you do find yourself in an accident due to a distracted driver, contact the law firm with over 100 years of combined personal injury experience in Buffalo. Call the Law Offices of James Morris at 716-855-1118.

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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.

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.

        Buffalo hones the title “City of Good Neighbors.” Walking downtown, smiles greet you on strangers faces and “How do you do?’ follows. The intimacy of personal relationships in this city is like a Reese’s cup; better with every bite. Some Buffaloians though, take advantage of this hospitable instinct, maybe by parking their car in your driveway. . . or dining room for that matter. I bleed cordiality, but if you wish to come in, use your fist to knock, not your bumper.

                Since the end of August, an astounding 25 drivers have crashed into local businesses, many of which have resulted in death and serious injury.  The most recent came this week when an SUV struck the front rail of Laughlin’s on Franklin Street, causing noteworthy damage to the neighborhood pub. Another highly publicized crash occurred in mid-September, when an elderly woman barreled into the side of Chee Burger Chee Burger, killing two and injuring several more. The list goes on from there.  With this latest accident, a pandemic can only describe what’s happening. Can we really pin 25 separate car-fights-building incidents on absent mindedness alone? One leading psychologist thinks not.

                Though many of these cases involve elderly drivers, personality plays a role too according to Psychologist Dr. Amy Beth Taublib. She told WKBW that a common delusion among people, namely senior citizens, suggests that their perceived driving skills supersede their actual driving skills, which she believes has contributed greatly to the surge in building-front crashes. “I certainly don’t think it’s coincidental,” Taublib told channel 7, “I think people who do these things have a certain psychological mindset.” Another theory discussed by Taublib recalls the “copy-cat” phenomenon, which implies that an accident like this occurring once increases the likelihood of it occurring again because violent incidents have a way of embedding themselves in the collective unconscious.

                The Amherst Town Board has taken preventive action toward limiting the frequency of these accidents. In September, the board passed an ordinance requiring local businesses to implant concrete pillars in front of their buildings if the building lies within a certain number of feet from the roadside. Since the passing of this ordinance, there have been at least 10 more accidents of this nature.  Glumly enough, if any truth exists in the “copycat” phenomenon, expect more of these crashes to come.

Every mile driven by an adult, a teenager driver 16 to 19 years old is four times more likely to get into a car accident, according to the Centers for Disease Control and Prevention. And while any time of year can be dangerous on the road, teens are much more likely to be involved in an auto accident during the summer. A recent study by AAA of accident data found that more deadly auto accidents involving teenage drivers happen between Memorial Day and Labor Day than any other time of year.

What would you do if you were injured in an accident caused by a teenager in New York State? You need a determined Buffalo NY accident lawyer on your side. You need the Law Offices of James Morris. An experienced Buffalo auto accident attorney at our firm can guide you through the complicated red tape often associated with such complicated accidents. We know the kinds of games insurance companies often try to play. They don’t intimidate us. We’re not afraid to vigorously fight for our clients’ rights. Put your trust in a Buffalo New York car accident attorney who puts people first. Contact the Law Offices of James Morris.

Teenage drivers kill thousands of people every year. In 2009, a teenager (15 to 19 years old) was killed in an auto accident nearly every 3 hours nationwide, according to the CDC. That’s more than 3,000 teenagers that year. Here’s another sobering statistic: between 2005 and 2009, nearly 15 teenagers (13 to 19 years old) were killed every single day nationwide between Memorial Day and Labor Day in car accidents, reports AAA. That’s more than 7,300 teenagers during that five year time period.

Teenager drivers in New York State regularly cause serious accidents. You shouldn’t have to suffer because of someone else’s reckless behavior. Take back control. Contact the Law Offices of James Morris. We’re on your side.

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

Fatal bus accidents caused by bus drivers falling asleep at the wheel happen all the time. A recent New York Times article documents just how common and dangerous accidents caused by sleeping bus drivers can be in America. Studies show that 13 percent to 31 percent of commercial vehicle crashes are due to driver fatigue, according to the National Transportation Safety Board.

What would you do if you were injured by a bus driver who fell asleep at the wheel in New York State? You need a determined New York bus accident lawyer on your side. You need the Law Offices of James Morris. An experienced Buffalo bus accident attorney at our firm can fight for your rights if you’ve been hurt in a crash. Serious accidents demand serious attention. Turn to a New York bus accident attorney with years of experience fighting for clients. Contact the Law Offices of James Morris.

Many bus drivers push themselves too hard. They work long hours, skip sleep and avoid taking breaks. The result: many bus drivers fall asleep at wheel. That’s when accidents happen, often with deadly consequences.

Each year, driver fatigue causes 100,000 car accidents nationwide. That’s one accident every five minutes. Sleeping driver accidents result in roughly 71,000 injuries and 1,550 fatalities each year across the country.

More than 60 percent of adult drivers have admitted driving while feeling drowsy in the past year. Even more shocking, 37 percent or 108 million drivers nationwide have confessed to falling asleep at the wheel.

Bus accidents can be complicated. We understand complex state and federal transportation laws. We know how to hold bus companies responsible and unresponsive insurance companies accountable. We work tirelessly for results.

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

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

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

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

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

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

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

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

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

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

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