Archive for the ‘Personal Injury’ Category

A Personal Injury Attorney’s Car Accident Resource Page

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?

A Note on Civility from an Attorney in Buffalo

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.

Prevent a Bicycle Accident with Three Simple Tips

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.

Dog Injuries in New York

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.

National Trial Lawyer Top 100

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.

Another Victim of Impaired Driving

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:

NYSTLA Speaks About Medical Malpractice

New York State Trial Lawyers Association President Leslie Kelmachter testifies at a city council hearing:

President Kelmachter stressed that there is no malpractice “crisis” in New York, pointing out that since 1991 insurance premiums have risen less than the rate of healthcare cost inflation. President Kelmachter advocated for greater efforts to reduce medical errors, stating that “the biggest driver of malpractice insurance costs is tragic and preventable medical errors themselves.”

Imparied Driver Faces Four Year Prison Term

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.

A Buffalo Personal Injury Lawyer Explains Health Care Hazards

A trip to the doctor’s office means there’s a problem. Bum knee? Take some painkillers. Strep throat? Some antibiotics. Overbearing husband or wife? Well, you’re on your own for that one. Doctor visits are straight forward: you’re sick, he cures. But what happens when a doctor causes more harm than good? And how should you react?

Literally speaking, the health care industry delivers lethal blows every year. Negligence cases occur around every corner. Medical malpractice statistics from the American Journal of Preventive Medicine suggest that more than half a million people die yearly  from health care harm, rivaling the death rates of both cancer and heart disease. Causes range from fatal drug reactions (137,000 deaths), to misdiagnosis (100,000 deaths), blood clots (200,000 deaths) and facility-related infections (100,000 deaths). Doctors dub the majority of these negligence cases “iatrogenic,” meaning inadvertently caused by medical treatment or, more simply, just part of the job. Some doctors even blame patients, citing noncompliance with medical advice or lack of responsibility for personal health as reasons for patient mortality. In a medical malpractice complaint, Rarely do you hear an M.D. hold him or herself accountable.

A personal injury lawyer in Buffalo may be able to assist you. Call 716-855-1118 if you or a loved one was injured due to professional negligence. At the Law Offices of James Morris, we are dedicated to fighting for clients injured due to medical malpractice in Buffalo as well as other types of negligence.

Unfortunately, no established system exists for collecting proper data on wrongful deaths caused by health care hazards; health care organizations don’t often reveal when they make a mistake.  According to a 2011 Health Affairs study, when a doctor or nurse does own up to a mistake, self-reports disclose a trifle of the actual complications that occur. Health care hazards produce grieving families with few places left to turn.

If you’ve been a victim of a wrongful death due to health care hazards, or have a medical malpractice complaint don’t let it impede your happiness or search for justice any longer. Report medical malpractice by calling James Morris Law today, 716-855-1118.

Bullying: Harsh Words, Harsher Realities

                Upon entering secondary education, every child fears the worst; getting picked on. Images of being chosen last for dodge ball or being stuffed in a locker used to correspond with the word “bully.” Today however, bullying leaves a much more lasting effect on teenagers, causing serious emotional and physical issues. Bullying destroys lives long after the bullying stops.

                The modern bully is a lion, pouncing on its prey at the mere scent of weakness and attacking any flaw of character or lifestyle. The trouble with this lion is that it hunted its way out from the confines of the classroom jungle and into the open world of the internet.  While we’re all familiar with the tragic tale of Jamey Rodemeyer—a 14-year-old boy from Williamsville who cut his life short in the bloom of his youth due to years of psychological abuse both in person and online throughout middle and high school—his story is one fish in a sea of recent teen suicides at the hands (and words) of bullies. Even more disturbing is the account of Ashley Billasano. Huffington Post reported last week that Ashley, a victim of molestation and forced prostitution by her own family, tweeted 144 cries for help before killing herself, receiving not a single response from any of her 500 Twitter followers. And if you think it can’t get much worse than that, Huffington reported just days ago that 10-year-old Ashlynn Connor hung herself with a scarf in her closet after being called a “slut” by her elementary school classmates. Amidst these tragedies however, peeks a ray of sunlight.

                Parents are beginning to turn to the justice system to combat this incessant wave of bullying.  After their son suffered a traumatic brain injury, the parents of David Osama Hadaad pressed charges against Lake Central School in Indiana for not intervening while David was brutally attacked in the hallway due to his Middle Eastern descent.  According to the Huffington article that ran last week, the family has accused the school of not only failing to intervene, but of violating David’s civil rights as well.  None of the attackers faced punishment and David was suspended 10 days for the single defensive punch he threw.

                Don’t let your children be victims any longer. It’s time to stand up against bullying. Call the Law Offices of James Morris now, 716-855-1118.