A single car accident can turn your life upside down for a very long time. You may sustain serious injuries that can require months or years of medical care. The thought of pursuing a personal injury claim may not be the first thing on your mind while you’re shaken up by a crash and being treated for injuries.

It’s important to understand that there are time limits on pursuing a personal injury claim in New York State. This is called the statute of limitations. In New York, it’s three years from the date of your car accident.

Are there any exceptions?

Exceptions to the three-year limit on personal injury claims are very rare and only apply in very specific situations, including:

• The injured person is under a legal disability, such a severe brain injury, that affects his or her ability to pursue a claim.
• The person who caused the crash leaves New York State before the claim can be filed, and is gone for four months or longer. The amount of time the defendant is gone will not count during the three-year period.

If these criteria don’t apply and you miss the three-year deadline to file, your claim can be dismissed and you may lose your right to pursue crash-related damages.

How can I get started on my claim?

While you have up to three years to file your claim, the sooner you take action, the better. When filing a car accident claim, it’s important that you first discuss the details of your crash and injuries sustained with an experienced attorney.

Your attorney can investigate your crash and collect evidence showing how it occurred. This may include:

• Investigating the crash scene
• Obtaining surveillance camera footage (if available)
• Speaking to witnesses
• Obtaining an unbiased police report of the crash
• Obtaining documentation of your medical evaluation

Your attorney can also:

• Accurately tally up the cost of damages, medical expenses, lost wages, and non-economic damages, such as pain and suffering
• Negotiate with insurance companies for fair and complete compensation, and take them to trial if they can’t come to an agreement

Claims for no fault insurance coverage should be filed within 30 days of the accident. Shorter time periods may apply to bring claims against certain defendants. If the defendant is a municipality, a notice of claim may have to be filed within 90 days. Claims against the State of New York or the United States Government also require an earlier filing period.

The Law Offices of James Morris would be pleased to review the applicable filing limitations on your case. To get started on your car accident claim, contact us online or call our Buffalo office at 716-855-1118. We offer free and confidential case evaluations.

For many people, riding in a limousine is part of a special occasion, but a car accident in these large luxury vehicles can turn a celebration into a tragedy.

That’s what happened in 2018, when a group of friends hired a limo to travel to a brewery in upstate New York. What was supposed to be a fun birthday celebration ended in tragedy when the limo sustained a catastrophic brake failure and crashed. Twenty people died.

New York safety laws for limousines

In the wake of the tragedy, New York adopted safety measures, as reported by the Democrat & Chronicle:

• Seatbelt requirements for passengers
• Commercial driver’s licenses for drivers
• New drug and alcohol testing for drivers
• Impoundment of defective limousines
• Tougher penalties for illegal turns with limos
• GPS requirements
• New resources for consumers

Deadly accident spurs calls for safety

In October 2018, a Ford Excursion stretch limousine carrying 18, including the driver, crashed, killing all on board and two pedestrians in a nearby parking lot in Schoharie. According to The Post Star, seatbelts in the Excursion were not accessible to passengers.

In a report, the National Transportation Safety Board suggested some passengers might have survived the crash if they were wearing seatbelts. The NHTSA, a separate agency, did not agree. The agency said seatbelts would not have made a difference due to the severe nature of the crash. The impact caused seats to become detached from the bottom of the vehicle.

Steps to protect you and your party

Seatbelt usage might reduce the risk of injury in some crashes, but might not make a difference in other crashes. Passengers can choose to use them or not. Under the new law, limousine companies must have seatbelts available for passengers.

If you are considering hiring a limousine, follow these tips to ensure you and everyone in the limo are safe:

• Make sure the limo company is insured.
• Ask the company questions, such as how it screens drivers and what type of experience the drivers have.
• Look for a valid inspection sticker on the limo.
• Count the seatbelts to make sure there are enough for everyone in your group.
• Find out about the company’s reputation by checking the Better Business Bureau

What to do after a limo accident?

An accident can happen in a split second for any number of reasons. The driver might have been distracted. The vehicle might have been poorly maintained. Regardless of how the accident happened, you should not have to pay for someone else’s mistake. As the Schoharie tragedy illustrates, a limo crash can have devastating consequences.

When victims survive accidents, they often sustain serious injuries that can lead to expensive medical bills, lost wages, pain and suffering, and other damages.

The limousine company and its insurer may try to downplay the impact of the crash. That’s why you need an experienced attorney on your side. Contact the Law Offices of James Morris today for a free consultation. We can fight for the compensation you deserve.

Head-on collisions are typically rare, but are among the most devastating types of car accident. The combined speed of two cars traveling in opposite directions significantly increases the impact of a crash. For example, a frontal collision at 50 mph would cause a significant amount of damage. Now, imagine that speed doubled.

It’s very rare for someone to walk away from a major head-on collision with only minor injuries. These crashes are often fatal, and even those who survive end up with debilitating injuries. Some of the most common injuries caused by head-on collisions include:

• Head injuries
• Injuries to the spine
• Crushed limbs
• Soft tissue damage
• Bone fractures
• Amputations
• Paralysis
• Mental and emotional trauma

The aftermath of a head-on collision can be equally as devastating when you’re trying to pursue compensation and dealing with insurance companies. An experienced car accident attorney can help with that.

What conditions contribute to head-on collisions?

Environmental and roadway conditions can be contributing factors in head-on collisions, including:

• Slippery roads
• Frequent curves in the road
• Visibility issues caused by fog, rain, snow, and poor lighting
• Potholes and road debris

How does human error lead to head-on collisions?

We can’t always blame the weather and road conditions for head-on collisions. Even when the roadway conditions are unfavorable, drives are still expected to slow down and stay attentive.

Head-on collisions are not caused by environmental factors. Instead, they are caused by human error, such as:

• Distracted driving — Any activity that causes drivers to take their eyes off the road, hands off the wheel, and attention off the task of driving. Cellphones and other electronic devices are the primary causes of distracted driving.
• Drowsy driving — Drivers who fall asleep behind the wheel are at risk of crossing a center line and into oncoming traffic.
• Speeding — When handling curvy roads and environmental factors, drivers must maintain a safe and reasonable speed.
• Drunk driving — Alcohol impairment has a negative effect on judgment, response time, and motor coordination.
• Ignoring signs and signals — Head-on collisions can be caused by drivers who run red lights or fail to acknowledge signs warning of hazardous road conditions.

How can I recover damages after a head-on collision?

If you were involved in a head-on collision, you’re likely dealing with medical bills and other economic damages accrued from your crash. You can’t count on the at-fault driver’s insurance company to gladly compensate you. They care more about cutting their own costs than paying you the damages you’re entitled to.

That’s where an experienced Buffalo car accident attorney at The Law Offices of James Morris can help you. Our legal team can act as a buffer between you and the insurance company and fight for a fair settlement. Contact us online or call 1-800-477-9044 to get started.

We often hear about pedestrians being struck by negligent drivers in the greater Buffalo area while crossing the street or walking along the side of the road. Buildings offer a false sense of security to pedestrians, however.

While we rarely hear about cars crashing into buildings, this does happen. Sadly, these types of crashes aren’t talked about enough by safety advocates. A driver in Tonawanda recently crashed into an apartment building in the early morning hours, according to The Buffalo News. Imagine waking up to that? Luckily, nobody was hurt in the incident.

In 2019, a 94-year-old Erie County woman was killed after a driver crashed his SUV into the apartment building where she lived. The driver was reportedly under the influence of marijuana at the time of the incident. He was arrested and charged with vehicular manslaughter.

How often do car vs. building accidents occur and what causes them?

According to the safety advocacy group the Storefront Safety Council (SSC), drivers crash into buildings roughly 60 times per day. What’s even more shocking, up to 500 people die each year, and 4,000 more sustain injuries due to car-building crashes. The most common causes of these types of crashes include:

• Impaired driving
• Drowsy driving
• Distracted driving
• Aggressive driving and speeding
• Vehicle defects, such as tire blowouts, wheel detachments, steering wheel problems, and brake failure
• Drivers pushing the gas pedal instead of the brakes, or accidentally putting their cars in reverse
• Slippery road conditions
• Medical events, such a heart attack, stroke, seizure, or loss of consciousness

Safety advocates don’t only blame car-building crashes on driver error, however. Car-building crashes were a prevalent safety concern after 9/11. Many people feared that cars would be used as weapons against large companies and even power plants. According to Rob Reiter, co-founder of the SSC, unintentional car-building crashes occur on a much larger scale. Additionally, many buildings lack structural protection from cars.

“We were worried about power plants, international embassies, truck bombs outside of dignitaries’ homes, stuff like that,” said Reiter. “But meanwhile, vehicle-into-building crashes that were unintentional — along with crashes caused by anger, and by drunkenness — were killing way more people with cars than terrorists were.”

In which building are pedestrians most at risk of being hit by a car?

About 87 percent of car-building crashes occur in stores, restaurants, and other commercial spaces. In addition, Reiter found that:

• An average of 20 people are struck by cars while standing in ATMs.
• Forty percent of incidents involve drivers over the age of 60. The rest involve young drivers.
• Many car-building crashes occur in parking lots where cars are parked directly in front of the building.

Should you be injured while inside of a building in the Buffalo area, consult with an experienced attorney who will demand justice. The Law Offices of James Morris will investigate the cause of the car-building crash that resulted in your injury. We will also devise a legal strategy to help you recover all damages owed to you. Contact us online to find out how. We serve clients in Buffalo and across western New York.

The lake-snow effect drops more than 90 inches of snow on Buffalo each year. Anyone who lives and works in this area knows how much of a burden winter can be. Clearing snow and ice from vehicles is one of the winter-time burdens that many people dislike. Failure to take the time to do so can endanger other drivers, however.

When snow or ice suddenly flies off the surface of a car or truck, it can crash through someone’s windshield and cause serious injuries. These incidents are referred to as “ice missiles,” When they occur, drivers often have little time to get out of the way. Even when drivers avoid getting hit, ice missiles create swerve risks on the road.

An Inside Edition report shows just how unpredictable these ice missiles can be. Large sheets of snow and ice fly off the tops of cars, semi-trucks, and vans. Drivers are blindsided by bursts of snow and windshields are smashed on highways.

One driver from Illinois was rushed to a nearby hospital after a chunk of ice fell from a semi-trailer and crashed through his windshield. He suffered severe facial injuries from the impact and shards of glass.

Are Buffalo drivers required to clear snow and ice off their cars?

In New York State, the law requiring drivers to clear snow off their cars is strict. Drivers could be stopped and cited for failure to clear snow from the vehicle roofs, windows, headlights, brake lights, and everything in between. That means, absolutely nothing should be obstructed. Fines aren’t the only thing drivers should be worried about.

If someone is injured or killed after being struck by dislodged snow or ice, the driver could face criminal charges.

New York State law (§1229-e) prohibits drivers from operating vehicles with accumulated surface snow and ice. This doesn’t apply during snowfall, however.

The penalties for violating this law include fines between:

• $150 and $800 for noncommercial drivers
• $400 and $1,200 for commercial drivers

What do I do if I’m hit by an ice missile?

When sharing the road with drivers who have failed to clear off their vehicles, it’s best to keep a safe distance from them. In the event you are hurt by an ice missile, you should seek immediate medical help. Other drivers may stop to help and call 911 if your injuries are severe. Those who stop and help will likely have witnessed the incident or possibly have captured the license plate of the at-fault driver (in case the driver takes off).

Injuries caused by ice missiles are often serious enough to require extensive medical treatment, as well as time away from work and daily activities. The Law Offices of James Morris have seen how financially and emotionally devastating this can be. We have been fighting for the rights of injured motorists in Buffalo and throughout western New York for decades.

Contact us online today to schedule your free case evaluation or simply call us toll-free at 1-800-477-9044.

There’s a common misconception that parking lots are generally safer than major roadways. Rarely do you ever see cars zipping through plaza parking lots at 50 mph.

Two-car crashes in parking lots are generally minor. Pedestrians, however, are at the greatest risk of being struck. Earlier in 2019, a pedestrian was killed in a mall parking lot in Hamburg, NY, according to WKBW. The driver, who was reportedly having a medical emergency, rear-ended an SUV, which then struck a pedestrian.

Recently, in Monroe County, a pedestrian was struck by a car in a Wegman’s parking lot. She was taken to a nearby hospital where she later succumbed to her injuries.

When pedestrians are struck in parking lots, it often happens unpredictably.

Distracted driving

Distraction is very common in parking lots. Some drivers feel that it’s safer to use cellphones behind the wheel while traveling at a low speed.

In 2016, the National Safety Council conducted a survey on how often drivers use cellphones and other electronic devices. Approximately 66 percent of adult and teen drivers admitted to making phone calls while driving through parking lots. In addition:

• 63 percent programmed a GPS
• 56 percent sent a text
• 52 percent used social media
• 50 percent sent or received an email
• 49 percent took photos or watched videos

Distraction doesn’t always involve cellphones, however. Some drivers could be distracted by taking their eyes off the road to look for parking spots, check store hours, or search for a specific building.

Speeding and limited visibility

In busy parking lots, pedestrians are everywhere. Drivers must be extra cautious and be prepared to stop at any given time.

Visibility is often a problem in congested parking lots. Here’s why:

• Difficulty backing out of a parking spot: When backing out of a parking space, drivers must check their rearview mirrors and look both ways (sometimes multiple times) before backing up. When backing out of a parking space between two other vehicles, it can be difficult to see if a pedestrian is about to walk by.
• Difficulty seeing around corners: A line of parked cars can be blinding when navigating turns. When approaching the end of a row, drivers should stop and look both ways before making a turn. The same applies when turning into a row.

What can I do if I’m hit in a parking lot?

If you were struck by an inattentive driver while walking in a parking lot, it’s critical that you first start gathering as much evidence as you can (if you’re able to). You may do this by taking photos of the crash scene and speaking to witnesses. If the incident happened in a commercial parking lot, a surveillance camera may have captured it. The footage may be subpoenaed by police or the attorney handling your case.

You should then seek immediate medical attention, even if you don’t feel hurt. Sometimes, the adrenaline and shock experienced after an incident can mask the pain of an injury. A medical evaluation can identify any underlying injuries that need to be addressed and provide your attorney with solid evidence to help you build a strong legal claim.

To find out which legal options are available to you, contact The Law Offices of James Morris and schedule your free case evaluation. We serve clients in Buffalo and across western New York.

As we approach Christmas, Hanukkah, and the New Year, some residents of greater Buffalo fully embrace the holidays. Others dread this time of year, due to the stress it may bring for them.

The actions drivers take on the roadway during the holiday season, however, often put lives at risk. An article in EHS Today attributes most holiday period crashes to four driving behaviors that are common this time of year. These include distraction, alcohol-impairment, aggressive and erratic driving, and roadway fatigue.

Why are drivers more distracted during the holiday season?

It’s now common knowledge that distracted driving is a growing problem on American roadways. According to data from the National Highway Traffic Safety Administration, it kills more than 3,000 people each year.

During the holiday season, however, drivers may be even more likely to use cellphones behind the wheel for the following reasons:

• To text family or friends regarding dinners, events, and celebrations
• To send holiday greetings through texts
• To check store hours or browse for products
• To program GPS navigation

Does drunk driving increase throughout the month of December?

Adults who attend holiday work parties, family gatherings, or end-of-year celebrations will likely be offered a drink. Beer, wine, and spirits are a fundamental part of the holiday cheer for many people.

Unfortunately, those who drink too much will still likely get behind the wheel and endanger other drivers.

Drunk driving is a factor in roughly 32 percent of all traffic fatalities that occur on Christmas and 36 percent on New Year’s.

Does holiday stress result in more aggressive driving?

The demand to embark on holiday gift shopping, plan holiday celebrations, and travel can put many drivers on edge. Some drivers simply don’t manage their holiday stress well. These are the drivers who are most likely to exceed the speed limit, fail to yield the right-of-way, drive erratically, and show no regard for others.

Aggressive driving not only endangers other drivers, but it can also escalate into road rage. Over the past seven years, road rage and aggressive driving have resulted in 218 deaths and 12,610 injuries.

How likely are drivers to fall asleep at the wheel during the holidays?

During the holiday season, many people have more demands to meet with limited time. As a result, they tend to sleep less.

A 2106 AAA study finds that drivers who miss as much as three hours of sleep within a 24-hour period are four times more likely to be involved in a crash. Drowsy driving doesn’t always have to involve falling asleep at the wheel. It can also include loss of coordination, impaired judgment, and delayed reaction time.

Should you be injured in a crash this holiday, or lose a loved one, due to someone else’s reckless behavior, we urge you to take legal action. The Law Offices of James Morris, based in Buffalo, has more than 15 years of experience advocating for crash victims. We’ll investigate your crash and piece together the evidence to help you build a strong legal claim. We serve clients in Buffalo and across western New York.

To schedule your free case evaluation with our legal team, fill out our contact form online.

Aside from Buffalo and a few other select cities, much of western New York is vastly rural. The wide-open roadways passing through expansive farmland and dense villages are starkly different from the bustling intersections and congested streets in Buffalo.

Driving on rural roads can be equally as dangerous as driving in an urban area. Here’s why:

• There is usually less lighting from street lights and buildings.
• Animals, such as deer, often cross the road.
• Other drivers are more likely to speed on rural roads.
• Curvy and winding roads can make rural roads unpredictable.
• There is often less police presence, making it easier for drivers to violate traffic laws.
• Snow and black ice is often a safety risk. In some cases, roads are never plowed or salted.
• Some roads are riddled with potholes, uneven surfaces, and large cracks.

A large portion of New York State road deaths occur on rural roads

In 2018, New York had a total of 943 statewide traffic fatalities, according to state crash data from the National Highway Traffic Safety Administration. Nearly half of New York’s road deaths occurred in rural areas.

Out of all fatal crash types:

• 592 deaths involved a single-vehicle crash
• 274 involved speeding
• 113 involved a rollover
• 429 involved a roadway departure

Out of the top deadliest New York counties in 2018:

• Erie County ranked No. 5 with 44 traffic fatalities
• Monroe County ranked No. 6 with 44 traffic fatalities
• Onondaga County ranked No. 8 with 31 traffic fatalities

Officials address rural road safety

The U.S. Department of Transportation (USDOT) seeks to improve the conditions of rural roads, according to an article in Mass Transit.

“Rural America, which has a disproportionately high rate of fatalities and is historically neglected, needs to have its transportation needs addressed,” said U.S. Secretary of Transportation Elaine L. Chao.

The initiative launched by USDOT — dubbed the Rural Opportunities to Use Transportation for Economic Success (ROUTES) — is intended to review rural infrastructure, identify safety and economic concerns, and work with other agencies to implement solutions.

Safety advocates and transportation officials invest a great deal of money and effort into improving infrastructure in urban areas. Rural areas, however, are often neglected, yet they account for more than 70 percent of all roadways across the U.S. In addition, nearly half of all road deaths occur in rural areas.

If you or a loved one was injured in a crash in Buffalo or anywhere in western New York, car accident attorney James Morris can help you pursue a solid legal claim. Attorney Morris has decades of real courtroom experience advocating for injured motorists and getting results. To get started on your claim, fill out our contact form online, so we can discuss the legal options available to you.

Drowsy driving doesn’t always involve falling asleep at the wheel. It is a form of driver impairment just like drunk driving. The difference is that drunk driving is illegal, but unless a drowsy driver causes a crash, police can’t just take a driver off the road for simply appearing tired. In addition, drowsy driving is very difficult to track and often leaves behind no physical evidence after a crash.

As more people juggle tight schedules and get less than the recommended amount of sleep (7-9 hours per night), drowsy driving has become a growing problem in Buffalo and across the United States.

The National Highway Traffic Safety Administration estimates that drowsy driving is a factor in about 91,000 crashes each year — resulting in nearly 800 deaths and 50,000 injuries. In 2014, New York State saw a total of 4,520 drowsy driver crashes, with 25 fatalities and 2,175 injuries.

Drowsy driving warning signs

According to the National Sleep Foundation, there are several warning signs that indicate when a drowsy driver should get off the road. These include:

• Poor focus
• Frequent blinking
• Trouble keeping eyes open
• Wandering thoughts and daydreaming
• Poor memory of last few miles driven
• Frequent yawning and rubbing eyes
• Difficulty keeping head up
• Drifting out of a lane or tailgating
• Restlessness and irritability

Drivers who begin to notice these symptoms should pull over somewhere safe, turn off their car and take a short nap. Other ways to mitigate drowsy driving include:

• Consuming caffeine
• Opening a car window
• Getting out and walking around
• Have a passenger who is able to drive take the wheel

How daylight saving time may contribute to drowsy driving car accidents

Daylight saving time is just around the corner. On Sunday, November 3, Buffalo-area residents will “gain” an hour of sleep, but it could take up to a week to adjust. That one hour affects our circadian rhythm, our body’s internal clock that programs when we sleep and when we’re active.

A University of Washington Medicine video explains the effects of daylight savings and how it can lead to drowsiness. Turning back the clock is similar to experiencing jet lag, which happens when someone travels across different time zones. In order to minimize the impact of daylight saving time, the video suggests going to bed an hour earlier.

In addition to the time change, it will get darker earlier after daylight saving time. The reduced daylight can also impact our circadian rhythm by releasing the sleep hormone melatonin. That means, in the days following daylight saving time, crashes will likely increase.

That’s why if you were hurt in a crash, or lost a loved one, it’s important that you take legal action as soon as possible. An experienced Buffalo car accident attorney at the Law Offices of James Morris advocates for injured motorists who were involved in drowsy driving crashes. Our legal team knows how to uncover the evidence need to help you build a solid claim and get results.

To find out how we can help you, contact us online today.

The 2019/2020 school year has just begun in the greater Buffalo area. That means more kids will be walking, riding bicycles, and being dropped off at school. In addition, buses will be making frequent stops during the morning and afternoon hours.

For kids returning to school, the greatest danger isn’t on the bus, however. It is when children approach, enter, or depart buses and school zones, according to the National Highway Traffic Safety Administration (NHTSA).

From 2008-2017, there were 264 reported child fatalities that occurred in school transportation-related crashes. Approximately 203 of the children who died in crashes were pedestrians, bicyclists, or passengers in cars.

Back-to-School Safety Tips for Drivers

It may be tempting to become impatient when approaching the lengthy traffic lines in school zones. It is important, however, for drivers to understand that the actions they take when in a rush may put children in danger of being hit by a car. In order to avoid this, the NHTSA suggests allowing more commuting time and being prepared to stop for school buses and children crossing the street.

Teen drivers traveling to school are encouraged to buckle up and ensure all vehicle passengers are also wearing seatbelts. Risky driving maneuvers, speeding, and distraction should be avoided at all costs.

What parents and students can do

Parents should always be conscious and engaged in their children’s safety before sending them off or driving them to school. Children should be at the bus stop five minutes before the bus arrival. The NHTSA also suggests that parents and children practice the SAFE procedure, which involves these four steps:

• Stay five steps away from the curb.
• Always wait until the bus stops completely and the driver tells you to board before getting on.
• Face forward when seated on the bus.
• Exit the bus after it has come to a complete stop and look both ways before crossing the street.

For walkers, a parent or guardian should always accompany kids under 10. If available, sidewalks should be used. Otherwise, the edge of the street facing traffic should be used by walkers. If they are accessible, walkers should also use crosswalks and look left and right before they cross the road.

Bicyclists are urged to wear helmets, ride with traffic moving in the same direction, and follow all traffic signals and signs. Always use bicycle lanes if they are accessible and remain alert at all times.

If the actions of a negligent driver resulted in you or a loved one being injured, a car accident attorney can fight for justice on your behalf. The Law Offices of James Morris proudly represents injured motorists, pedestrians, bicyclists, and passengers throughout greater Buffalo. Contact us today to find out how we can help.