On November 13, 2012, the American Association for Justice announced a new grassroots campaign called Take Justice Back. The purpose of the campaign is to educate the public on corporate efforts to limit the effectiveness of the civil justice system and to encourage activism.

The civil justice system gives power to people who are injured and forces corporations, employers, dangerous drivers, doctors and other negligent or careless individuals to obey the law and take responsibility for the consequences of their actions. Our Buffalo accident attorneys applaud the efforts of “Take Justice Back” to draw attention to the corporate pressure for tort reform that limits the effectiveness of civil justice.

What is Take Justice Back?

Take Justice Back is a campaign to fight for the rights of accident victims, employees and customers and to stand up against corporations that want to limit those rights. Corporations and special interest spend hundreds of millions of dollars in an attempt to limit their exposure to liability and Take Justice Back is working to help consumers understand what impact these corporations are having and to fight back.

Specifically, Take Justice Back is intended to help educate consumers on what tort reform is, what tort reform really means, and why the corporate line on tort reform doesn’t represent the whole story.

Understanding Tort Reform

Tort reform is a method of changing the civil justice system or limiting access to it. One method of doing this is by putting damage caps on the amount that a victim can recover in a lawsuit. New York currently has no cap on damages in malpractice lawsuits or other personal injury cases, although the Daily Health Report indicates that Governor Andrew M. Cuomo attempted to impose a $250,000 limit on medical malpractice lawsuits as part of efforts to restructure Medicaid. Currently, almost 30 states have such caps in place.

Those who argue for damage caps indicate that they are necessary to keep medical costs down. The reality, however, is that there is no evidence that damage caps lower the cost of insurance premiums or lower health care costs. In fact, according to WNYC.org, after Texas passed damage limits in 2003, health insurance premiums still went up 46 percent for individuals and 52 percent for families by 2010.

Most importantly, damage caps take away one measure of accountability for healthcare providers and leave innocent victims without full compensation for injuries they suffer at the hands of negligent doctors. If a patient suffers more than $250,000 in non-economic damages- which is certainly likely if a doctor causes egregious harm, or even injures or kills someone- the patient will be left uncompensated while the healthcare provider and his insurer walk away without every paying for the full consequences of a careless mistake.

The American Association for Justice reports that an Institute of Medicine’s (IOM) study showed that approximately 98,000 people die each year as a result of preventable medical mistakes. With so many injured, there may be a lot of patients who do not get the compensation they deserve.

Other Tort Reform Efforts

While medical malpractice is often a prime focus of tort reform, there are also other tort reform efforts in place as well.  For example, forced arbitration in contracts is one big issue. More and more companies are putting arbitration clauses in contracts mandating that customers and employees address their complaints in arbitration instead of in the courtroom.

A 2011 case called AT&T v. Mobility even gave corporations the right to effectively prevent class action lawsuits by requiring arbitration instead. PayPal is one company that has taken advantage of this new rule and included a clause in its contract that took effect on November 1. The clause requires that all disputes be handled in arbitration.

When a company commits a small wrong against many, class actions are often the only way to take action in a manner that is economically feasible and worthwhile as far as the time investment. Without the ability to form class actions and go to court, companies are essentially immune from being held responsible for small injustices.

The Efforts of Take Justice Back

Take Justice Back aims to educate the public on both the myths and misconceptions about tort reform. Take Justice back will also be sharing personal stories from plaintiffs who have been denied justice as a result of tort reform efforts. On their website, they also offer important news on the issue of tort reform and limitations that big corporations are attempting to impose on the rights of public.

Their grass roots efforts are an important step in telling the public the real truth about tort reform and in helping the public to fight against the large corporations and special interests who want to avoid legal accountability for their actions.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

Valuing Your Case, Personal Injury Law Blog, August 7, 2012

Recently, WICU Channel 12 interviewed individuals in Buffalo who were filling up their gas tanks near I90. The subject of the interview, drowsy driving, was prompted by a new study conducted by the Centers for Disease Control. The CDC study was an ambitious project, the largest study ever conducted on the subject of driver fatigue. Our Buffalo accident attorneys, like many, are concerned with what the results of the CDC study show and we were interested to hear first-hand how Buffalo residents felt about drowsy driving.

Unfortunately, according to WICU, residents seemed to accept drowsy driving as a part of the risk of being behind the wheel. One resident compared the dangers of drowsy drivers to the dangers presented by drunk drivers, indicating that you can’t ever tell when someone who is on the road is dozing off or impaired by alcohol. The comparison was an appropriate one, since studies have shown that a person who is driving after not having slept for around 20-21 hours is as severely impaired in his driving ability as someone whose blood alcohol level has reached the legal limit of .08.

Why Drivers in Buffalo are Concerned About Drowsy Driving

Drivers interviewed by WICU indicated that it was important to stay back and steer clear of drowsy drivers because these drivers may not behave in a rationale or safe way. A drowsy driver may not be paying attention to what other drivers around are doing. The drowsy driver may not be as quick to stop the car or to react to changes in traffic signals or other cars pulling out in front. In a worst-case scenario, the drowsy driver might even fall asleep entirely and put himself and others at a very serious risk of becoming involved in a car wreck.

Sleeping drivers may not be something that the average driver is too concerned about, since many people assume that no one would keep driving if they were actually falling asleep behind the wheel. The CDC survey, however, tells a different story. According to the survey, just over 4 percent of all drivers that responded to the CDC’s questions indicated that they had closed their eyes (at least for a few seconds) and fallen asleep as they drove during the 30 days immediately preceding the survey. The numbers of men engaged in drowsy driving was even higher, as was the number of drivers in the 18-44 group, who had a drowsy driving ratio of over 5 percent of drivers.

The CDC study is scary, considering the fact that there are more than 100 drivers on the road at most times of the day. It confirms earlier data about the widespread dangers of drowsy driving, but it is important because it is the largest and most comprehensive study on the subject of drowsy driving with over 147,000 survey respondents from across 19 states and D.C.   The data shows that these Buffalo residents interviewed at the gas station off of I90 are right to be concerned, and that every other driver on the road should also be concerned too.

If you’ve been injured in a drowsy driving accident in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

In December of 2012, ESPN anchor Hannah Storm was in the process of getting dinner ready. Like many people do, Storm was barbecuing her dinner on the backyard grill. As she cooked, she noticed that the grill had gone out. Storm attempted to relight the grill, but unfortunately disaster struck. Instead of relighting, a powerful gas explosion occurred, blowing the doors right off the grill. Storm’s shirt caught on fire and she suffered first and second degree burns on her head, neck and chest. Storm also lost some of her hair as well as her eyebrows in the explosion. Yahoo Sports had pictures of her burn injuries, released by ABC.

Storm was, fortunately, able to get the medical assistance that she needed and was back at work and on television to host the New Year’s Rose Parade. Still, her serious injuries have brought the dangers of gas grills to public attention. Gas grills are just one of the many common causes of burn injuries that send people to the ER each year and that have a life-changing impact. Our Buffalo burn injury attorneys want to make sure that everyone is aware of some of the burn injury risks and that they take responsible steps to protect themselves.

Burn Injury Dangers

As Hannah Storms’ recent accident shows, there are many household objects that you use on a regular basis that create the risk of causing a burn injury. In fact, every day, people encounter many situations at home, at work or on the road that could result in a fire or burns. Some statistics can illustrate just how many burn risks there are:

• The National Fire Protection Association attributed 6,900 house fires to gas grills between 2005 and 2009.
• The U.S. Fire Administration data reported 258,000 vehicle fires on highways from 2004 to 2006.
• The Electrical Safety Foundation International indicates that around 100,000 people scald themselves so severely each year that they must visit the emergency room.

Gas grills, auto accidents and scalding injuries are some of the most common causes of burn injuries. There are, of course, other causes of burn injuries as well. For example, people may suffer chemical or electrical burns. While it may seem like these types of burns would happen mostly in industrial settings, WebMD makes clear that a number of household cleaners and other products could potentially cause chemical burns to people in their own homes.

Unfortunately, this means that any of these types of burns, from gas grills to scalding injuries, can happen anywhere. They happen at work, where the  Bureau of Labor Statistics reports that three percent of all of the 4,609 fatal workplace injuries that occurred in 2011 were caused by burns.  They can also happen in apartments where the National Fire Protection Association reports that there were 95,500 structural fires in 2011 causing 415 deaths. Finally, they can happen at home where an estimated 8,600 home and outdoor fires prompted homeowners to seek help from the fire department from 2006 to 2010.

Knowing about the dangers of burns, whether from gas grills or from any other cause, is important so you can try to stay safe and avoid becoming one of the thousands each year who are hurt by fire. The makers of products, from gas grills to dangerous chemicals, also need to warn people of the risks and do everything possible to keep people safe or else they could be faced with a lawsuit.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

Most parents dread the day when their teenager gets his or her license, and with good reason. The simple fact is that young adults who are just starting to drive face a serious auto accident risk and a very real chance of becoming involved in a crash and hurting themselves or others. Sadly, the risk of a teen auto accident is exacerbated by teenage drivers who make unsafe decisions and take unnecessary risk.

Fortunately, as parents, there are things you can do in order to help keep your kids safe. Our Buffalo accident attorneys urge you to take the time to talk to your children about some of the dangerous driving behaviors that many teens engage in. We also urge you to take an active interest in supervising your child’s driving and in regularly going over safe driving rules and practices.

Does Talking To Your Kids About Driver Safety Matter?

When your teenager has started driving, you may wonder whether talking about safe driving and spending time going over the driving rules is really going to make a difference. After all, your teen is able to go out on his or her own and you can’t be there to supervise every minute. Fortunately, statistics show that talking to your teenager about safe driving really can make a lasting impact and can help your teenager to be safer.

According to a recent article in US News and World Report, for example, data provided by State Farm has revealed that kids whose parents are actively involved in monitoring their driving behavior are much safer than those kids whose parents do not take such an active role. In fact, kids who reported active parental involvement and discussions with their parents about safe driving were around half as likely to become involved in an auto accident.

Why it is Important to Talk About Safe Driving With Your Teen

Reducing the risk of auto accidents by half is very significant, especially in light of the frightening statistics on teen car wrecks. According to the New York State Department of Health, for example:

• Car crashes are the primary reason for teens ages 15 to 19 to be hospitalized.
• Car wrecks are the number one cause of death for teens ages 15-19.
• Each year, around 73 teens are killed in fatal wrecks.
• More than 40 teenagers ages 15 to 19 are treated in hospitals for car accident injuries each day.
• Many teen drivers do not wear seat belts, although the risk of death in an auto accident is reduced by between 50 and 83 percent with the use of proper restraints.
• The majority of crashes among those ages 16 and 17 are caused by speeding or going too fast for conditions; driver distractions including texting; tailgating; and lack of driver experience. Texting, especially, is a major problem among teenagers, as US News and World Report indicates that studies show 43 percent of teenagers text when driving.  The car accident risk is 23 times greater when texting than for those drivers actually paying attention to the road.

Because so many teen crashes are caused by behavior that teenagers engage in, parents talking to teens can make a big difference. So, this holiday season, take a few minutes to discuss driving rules with your kids. You might save not only their lives but also the lives of others who travel on the roads with them.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

As anyone who lives in Buffalo knows, there comes a time over the course of the winter when it just doesn’t seem like it could snow anymore. But it does. Of course, snow on the roads is only one danger that exists for drivers in Buffalo winters. Freezing rain, hail, fog and ice are all possible during the Buffalo winters and can all make the roads an unsafe place to be.

To help you stay safe and minimize the risk of becoming involved in a winter car crash, the Buffalo News has recently published some winter safe driving tips. Our Buffalo auto accident attorneys urge everyone to heed the advice published in the News in order to stay safe as winter weather approaches.

Winter Safe Driving Tips

The Buffalo News has provided details on how best to react during certain winter driving situations as well as some general safe driving tips. According to their article:

• When you experience a loss of traction due to ice, you need to maintain eye contact with a safe spot where you want your vehicle to end up. You then need to remove your foot from both the gas and the brakes and turn the car towards the area where you want your vehicle to travel. Slamming on the brakes is the worst thing you can do in these situations, the News warns.
• If you are driving in ice, you should make use of both your windshield wipers and your car’s defroster. You should be sure to keep a reasonable distance between yourself and other cars in case you can’t stop easily and you should be sure to use your signals to let other drivers know well in advance if you are going to be slowing down, turning or stopping. By using your signals, you give other drivers a chance to put on the brakes well before you do so they do not skid into you. If a skid happens on the ice, you should turn the car’s wheels into the skid. Slamming the brakes is also a bad thing to do in these situations.
• Use tire chains if they are recommended or required. Tire chains help to give you more control and make winter driving safer.
• Never use cruise control if you are driving under icy conditions. Using cruise control takes the control of the vehicle away from you, making it more difficult to maintain an appropriate following distance or to respond quickly in the event that you start to skid out of control.

Following these safe driving tips should hopefully help you to make it through the winter weather season without becoming involved in a dangerous auto accident. The Buffalo News also recommends that you practice winter driving techniques such as driving under icy conditions, responding when you lose traction and coping with a skidding vehicle. If you practice these conditions in an empty parking lot where there are no cars that you can hit, you will be more prepared if you encounter a dangerous situation in traffic that you need to respond to.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

The bike path in Clarence where joggers, bikers and walkers go to enjoy autumn’s outdoor splendor has recently become the subject of grave safety concerns.

As our Buffalo accident attorneys understand it, earlier this month a 53-year-old motorcyclist drifted off the road next to the path, plowing into a handful of pedestrians and cyclists, killing two of them and critically injuring another.

According to The Buffalo News, the stretch of road where this tragedy occurred is along an area where the path is directly joined to the road, with no separation of grass or even a dividing line. There are other sections of the path where dense woods create a clear divide.

The driver of that motorcycle has been arrested and charged with DUI and criminally negligent homicide.

But that doesn’t change the fact that such an accident is not only possible again – it’s likely, particularly if town officials don’t take some action to implement additional safety precautions for those who use the path where it runs alongside Tonawanda Creek Road.

Town officials have indicated that there is no cause for serious alarm, as this incident isn’t indicative of any pattern of serious accidents along this stretch. However, when you actually see the site of the accident, it’s clear to understand why cyclists, joggers and pedestrians are alarmed.

Officials though have said that creating some sort of buffer might be difficult, as the land that is closest is mostly marshy and parts of the path have already become eroded as a result. Others have questioned whether such measures would be enough to stop a drunk driver.

The town’s Planning Department officials said it would make the issue a top priority of discussion. That’s a start.

And further on the subject of rising bicycle accidents in New York, it appears similar problems have been reported in New York City, where officials had previously held that pedestrians and cyclists were increasingly safer. Now, however, the Mayor’s Management Report indicates that traffic fatalities in the city were actually up a shocking 23 percent between July 2011 and June 2012. It was the first increase since 2007.

Among bicyclists and pedestrians, deaths spiked to 176, from 158 the year before.

Authorities are blaming speed, DUI and ignoring traffic signals as the top causes of fatal accidents.

Bicyclists often wear helmets and are alert, but the responsibility primarily falls on motorists. Here are some ways drivers can avoid hitting those on two wheels:

• Watch for bicyclists when turning left. This scenario accounts for almost half of all vehicle-versus-bicycle crashes.
• Don’t pass a bicyclist and then turn right. Wait for him or her to pass through the intersection before you make your turn.
• When you are parallel parking, make sure to check your mirrors before you open your driver’s side door. This will help you avoid “dooring” a cyclist.
• Look both ways for bicyclists when leaving a parking lot.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044.

Police have released a sketch of an unidentified pedestrian accident victim in Buffalo, who was killed last week on Broadway. He was killed Thursday at 7:30 p.m. as he attempted to cross at Broadway and Woltz.

The Buffalo News reported it was the second time in less than 24 hours a pedestrian was struck by a vehicle and the latest in a long string of Buffalo pedestrian accidents. Our Buffalo personal injury lawyers know nearly one-third of traffic accident fatalities in New York are pedestrians. The New York State Department of Transportation reports 311 pedestrians were among the 1,119 traffic fatalities reported in 2010. More than 16,000 pedestrians were injured.

These tragedies are frequently caused by drivers who are not paying attention, who fail to yield the right-of-way or who otherwise act negligently in causing a pedestrian accident. Speeding is another likely cause — an increase of 5 mph more than doubles a walker’s risk of dying in the event of an accident.

The New York State Department of Transportation’s participation in the nationwide Safe Routes to School initiative is one program working to reduce the risk of serious or fatal pedestrian accidents involving younger children. In New York, and in other parts of the country, the number of children who walk and bike to school has declined dramatically over the years. The program aims to teach safety while encouraging children to walk or bike to school as a healthy, environmentally friendly travel alternative.

Whether a school bus accident, a bicycle accident or a pedestrian accident, the back-to-school season also increases the risk of tragic accidents involving young people. Motorists must use extra caution when traveling near schools or through residential neighborhoods, particularly in the early morning and afternoon hours.

But the truth of the matter is autumn is a dangerous time for pedestrian accidents. The end of Daylight Savings Time means an early dark that increases the risks, as do deteriorating weather condition. Combine that with Halloween and back-to-school, and the risks are bound to increase.

And, unfortunately, alcohol is too often involved in serious or fatal pedestrian accidents in Buffalo and elsewhere in New York.

The National Highway Traffic Safety Administration reports drunk driving accidents account for one-third of all traffic fatalities.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 800-477-9044

Throughout the Buffalo, Syracuse and Rochester region, there are nearly 20 shopping malls with sprawling and potentially hazardous parking lots. With the holidays around the corner, the malls will be crowded with shoppers who may have to negotiate icy sidewalks, puddles and even oil slicks to avoid slipping and falling. Many parking lots and walkways have poor lighting at night, which can make it difficult to see broken pavement or a step.

The experienced attorneys at the law offices of Buffalo personal injury lawyer James Morris have seen all types of fall down accidents. Unfortunately, you can slip, trip or fall in department stores through no fault of your own. You can sustain shopping mall injuries in any number locations—entry ways with recently mopped floors, restrooms with broken floor tiles, crowded dressing rooms, cluttered aisles, malfunctioning escalators and dark parking garages.

If you are injured while shopping, you should not hesitate to pursue a premises liability claim. In these types of claims, the property owner may be liable for the injuries. Older folks are particularly vulnerable. When the elderly slip and fall, they can end up breaking a hip or fracturing a wrist much more easily than a younger person.

Wherever slip and fall accidents take place—whether it’s an older person who slipped and fell in a mall, a child who slipped and fell crossing an icy road with no salt on it or an executive who tripped on torn carpeting in a poorly maintained office building—the victim may be severely injured.

If you do slip and fall on someone else’s property this holiday season, including public land, remember: the property owner’s premises liability insurance is there to provide compensation for slip and fall injuries.

The insurance companies may try to low-ball a settlement or deny your claim. You don’t have to fight them on your own or let them control the outcome. If you or a loved one suffered a slip and fall accident or any premises liability injury, contact the Law Offices of James Morris for a free consultation. You deserve a reliable, aggressive upstate and western New York personal injury lawyer. Call us at 1-800-477-9044 or complete our online contact form. We can help you seek justice.

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

There is a significantly increased risk of injury or death from driving a motorcycle compared to driving an automobile. The National Highway Traffic Safety Administration (NHTSA) indicates that 80% of reported motorcycle accidents result in injury or death. For the sake of comparison, that figure for automobiles is 20%. The Center for Disease Control and Prevention (CDC) indicates that motorcycle fatalities have increased 55% since 2000. Statistically, young riders appear to be at the highest risk of fatality in motorcycle accidents, with the highest risk level amongst 20-29 year olds.

Also alarming is that, according to the NHTSA, “statistics show that the percentage of intoxicated motorcycle riders in fatal crashes is greater than the percentage of intoxicated drivers on our roads.” This is a significant safety concern.

There are safety measures riders can take to protects themselves, some of which are similar to the tips we provided for safe bicycling. Most important is that riders use a safe and properly fitted helmet, as required by New York law. The CDC indicates the use of a helmet decreases the chances of fatality in a motorcycle crash by 37%, and decreases the risk of head injury by 69%, which is significant. Additionally, riders should wear bright clothing to make them highly visible, and protective clothing, like a leather jacket, may also be beneficial.

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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Upstate New Yorkers may be a tough breed, but we are all going to be in shock for a long time about a recent reckless driving bicycle accident fatality. On July 30, 2012, a beloved local teacher went out for an early morning Sunday bicycle ride when, police say, a motorcyclist who was allegedly driving drunk hit her. The impact threw her into the road. She was then run over by a car said to have been driven by the motorcyclist’s girlfriend.

According to police reports, the motorcyclist had been driving recklessly—doing wheelies, speeding up, then braking—just before he crashed into the cyclist. The motorbike collision victim was rushed to Strong Memorial Hospital where she was pronounced dead. The motorcyclist was arrested for DWI before being taken to the hospital with serious injuries. There were no reports of whether the driver of the car that crashed into the cyclist was injured.

The seasoned Buffalo personal injury lawyers at the Law Offices of James Morris have handled hundreds of car wreck injury and death cases in Western New York, but this one hits close to home, especially for anyone who is a parent. The cyclist who was killed by the car had two small children and a loving husband, whose lives are now changed forever.

This is a cautionary tale about many aspects of road safety. The accident happened before 8 am, when there was no heavy traffic. It’s likely that the last thing on the car crash victim’s mind was the chance of anyone driving drunk at that hour. There is also the issue of distracted driving involving the motorcyclist and the driver of the car. It is a sad lesson that it doesn’t just take texting while driving or using a cellphone or GPS unit to distract drivers. The biker was simply driving recklessly and the driver of the car was not paying attention to the roadway.

The takeaway from this tragic event: Because we all share the road, accidents only take a split second to destroy lives. This is a wake-up call to everyone to be cautious on the roads, whether you are operating a vehicle or a bicycle. Drunk drivers, distracted drivers, speeding drivers—they could be just around the corner, no matter what hour it is.

If you or a loved one suffered a bike crash injury or you lost a relative in a car accident fatality or motorcycle accident death, seek powerful legal representation. Contact the Law Offices of James Morris for a free consultation with an aggressive upstate and western New York personal injury lawyer. Call us at 1-800-477-9044 or complete our online contact form.

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