The clocks have turned back an hour, the foliage has come and gone, and November is in full swing. What does this mean for drivers in the Buffalo area? According to a 2016 report by Statista (the most recent report), 2,998 people lost their lives on US roadways during the month of November. And as drivers in Buffalo know very well, motor vehicle accidents often occur this time of year due to shorter days, longer nights and increasingly hazardous weather conditions. 

Shorter days, more hazardous driving conditions

After daylight savings time ends, motorists spend more time driving in the dark. According to the National Safety Council (NSC), this can create limitations in visibility: 

• On average, drivers may only see up to 250 feet without high-beams 
• Drivers who use high-beams may see up to 500 feet 
• Drivers around 50 years old may require twice as much light as drivers around 30 years old.  

Daylight savings can also affect drivers’ circadian rhythm or internal clock. The prolonged nighttime hours can increase the release of a natural chemical called melatonin, which programs us to sleep. This can put drivers at risk of falling asleep behind the wheel. In fact, according to the New York State Governor’s Traffic Safety Committee, accidents caused by drowsy driving are most likely to happen during the first week of the time change. 

According to 2014 statistics by New York State Department of Motor Vehicles (the latest statistics), there were a total of 1,343 traffic accidents caused by drowsy driving statewide, which resulted in eight fatalities and 687 injuries. Another 5,198 accidents were caused by limited or obstructed visibility. This resulted in 20 fatalities and 2,231 injuries.  

What to watch out for this season

According to Esurance, the month of November often ushers in slippery road conditions that Buffalo drivers must adjust to. 

These include:  

• Wet roads, fallen leaves: After the foliage comes to an end, leaves may cover the roadways. When combined with rain and dampness, fallen leaves can be just as slippery as ice. Additionally, they can cover traffic lines in the road, making it more difficult for drivers to navigate. 
• Icy road conditions: As the temperature dips below freezing overnight, ice and frost can develop on the roadways. Drivers should especially be aware of icy road conditions when approaching bridges, underpasses, and other areas that may not receive a sufficient amount of sunlight.  
• Occasional snow: While snow is more likely to happen during the winter months, it can happen in November, especially in the Buffalo area. Drivers unprepared for the first snowfall of the season in Buffalo (which usually occurs in late October) can be at risk of causing an accident.   

During the month of November, Buffalo drivers are urged to reduce their speed, maintain a safe following distance, avoid distracted driving, and stay sober. If you or a loved one was injured in a crash caused by another driver, contact our law firm and find out how we can help you.  

Putting your loved one in a nursing home can be a tough decision. Nursing homes in greater Buffalo are obliged to provide the best possible care to residents, but they do not always meet that obligation. The risk of nursing home abuse and neglect may leave you concerned about the level of care your loved one will receive.

A recent case of alleged sexual abuse involving a nursing home resident has prompted New York state officials to launch an investigation into a Buffalo nursing home. The perpetrator at the time of the incident was an assistant director of nursing, who has since resigned. Officials from the nursing home were unable to provide any information regarding the incident. The former assistant director of nursing claims that he was assaulted by the resident, while the resident claims to have been bitten by the former staff member.

Without any crucial evidence, both statements are hearsay. However, had camera equipment been installed at the time of the incident, the footage would have told the real story.

Back in February, camera footage was used to prosecute three nurses responsible for the death of an 89-year-old resident in Georgia. As the resident called out for help while suffering from respiratory distress, the three nurses were seen laughing and completely ignoring the man’s needs.

Elder abuse is far too widespread across the United States

The Centers for Disease Control and Prevention (CDC) estimates that roughly one in every 10 elders older than 60 suffer abuse and neglect each year. Some types of abuse include:

• Physical abuse
• Sexual abuse
• Emotional abuse
• Neglect
• Abandonment
• Financial abuse

However, the above statistics may not represent the full number of residents who suffer abuse and neglect. Many of these incidents go under the radar because residents are afraid or unable to report them.

What you can do to protect your loved ones

When placed in the care of a nursing home, your loved one may be all but defenseless. That’s why it’s important to document incidents of abuse and neglect, especially if you suspect that something isn’t right. If your loved one is afraid to speak up, or if nursing home staff deny that any abuse or neglect has occurred, camera footage doesn’t lie.

Not only can video footage be used to prosecute responsible parties, but your attorney can also use it as evidence in a lawsuit against the nursing home. That’s why your first course of action should be to consult with an experienced Buffalo nursing home abuse attorney who will fight aggressively to help you and your family seek justice.

It’s important you act fast. The statute of limitations for nursing home abuse cases in New York State is three years. Don’t hesitate to contact the Law Offices of James Morris and find out how we can help you.

Many studies focus on the hazards of driving drunk in Buffalo, and further about how this can heighten the risk of pedestrian accidents.

What tends to get less attention is how dangerous impaired walking can be for pedestrians. Whether you’re walking or driving, alcohol consumption can cause delays in judgement.

How prevalent is the risk?

Recently, The Washington Post reported more than one-third of pedestrian accident victims killed in 2016 were over the legal limit of alcohol for motorists, according to the National Highway Traffic Safety Administration. That’s a significant increase – from 300 in 2014 to 2,000 just two years later.

Of course, there is nothing illegal about walking impaired; it’s certainly much safer than driving. However, those who walk while impaired are more likely to engage in dangerous actions like crossing outside of a crosswalk, crossing against the signal, walking in the roadway and stepping directly in front of traffic.

Alcohol impairment inevitably affects one’s reaction time and overall judgment, sometimes resulting in poor decision-making. Some traffic safety experts say many of those who are walking while intoxicated fail to consider whether or not drivers can see them.

What to do if you’re injured in a pedestrian accident

A study conducted by the Insurance Institute for Highway Safety notes that it’s not just total pedestrian accidents that have increased in recent years. Deaths in particular have increased, climbing 54 percent in urban areas. These fatalities are more likely to involve the larger-model sport utility vehicles.

The IIHS said one of the biggest problems is that roads aren’t designed with pedestrians in mind, lacking crossing locations that are both safe and convenient. This can spur walkers to risk running across multiple lanes of traffic rather than walking long distances to the nearest signalized intersection. The addition of more sidewalks, pedestrian-activated beacons, street lighting, and pedestrian crossings have been shown to reduce pedestrian deaths.

If you have been injured in a pedestrian accident, an experienced attorney can help. Contact the Law Offices of James Morris to discuss your options.

A section of Niagara Falls Boulevard has proven to be so dangerous for pedestrians that safety officials have vowed to make immediate road safety changes. The section of I-290 separating Tonawanda and Amherst is so congested with confusing vehicle traffic patterns that it has become a deadly ordeal for pedestrians trying to make their way across.

Such accidents can lead to severe and lasting injuries because pedestrians are vulnerable road users. They are more prone to the worst injuries because they lack the same protections as vehicle occupants: seat belts, airbags, windshields, etc.

Arterial Road and Intersection Dangers

Data from a new national study affirms what many locals and have known for some time: From 2009 to 2016, pedestrian accident deaths at intersections have spiked. The Insurance Institute for Highway Safety concluded that pedestrian fatalities, specifically on arterial roads like these, have climbed 67 percent in just seven years.

Arterial roads account for just four percent of streets nationally, described as wide thoroughfares in cities and suburbs designed to accommodate heavily traffic traveling at or near speeds akin to those on expressways.

In “dark conditions,” i.e., at night, pedestrian deaths on arterial roads overall are up 56 percent.

Measures to Lower Pedestrian Accident Deaths

The towns of Tonawanda and Amherst have taken action by breaking ground on a street lighting project in the region, according to The Buffalo News, investing approximately $1 million for new light poles in between the two towns for a stretch of 3 miles.

But that may not be enough. A representative for the IIHS said that while extra lighting will indeed be helpful, it isn’t the only simple and cost-efficient measure towns could take. Other methods include:

• Lowering the speed limit
• Installing new speed cameras
• Widening cameras
• Changing crosswalk settings to allow pedestrians more time to cross

It’s not that New York’s pedestrian death rates are even that unique. The Governors Highway Safety Association reported earlier this year that the number of pedestrian fatalities nationwide last year reached 6,000 – the second year in a row it’s reached heights not seen in a quarter century. Officials with that agency opined there are two likely reasons for this:

• Smart phone use proliferation
• Approval of medical marijuana in a growing number of states

Although these factors haven’t definitively been linked to the rising number of pedestrian accident deaths in New York or elsewhere, it’s widely accepted that both factors contribute to distraction, which we know for certain is behind a rise in the ballooning number of overall traffic deaths.

If you have been been injured in a pedestrian accident in the greater Buffalo area, you should speak to an experienced attorney at the Law Offices of James Morris.

It’s prime time for discussing the risks of drunk driving collisions as we enter the second half of summer and head toward the start of football and the upcoming holiday season.

The New York State Department of Health reported more than 1,000 New Yorkers are killed each year in traffic collisions. More than 136,000 injury victims are treated in hospital emergency rooms following crashes, and 13,000 suffer injuries requiring hospitalization. Nationwide, drunk drivers are blamed for at least one-third of all fatal traffic collisions, claiming more than 10,000 lives a year.

While Christmas and New Year’s grab most of the attention when it comes to drunk driving, an experienced Buffalo car accident lawyer knows the summer months are typically the most dangerous time of the year for drunk drivers. Memorial Day, the Fourth of July, and Labor Day bring increased risks for motorists, but travel, boating, barbecues and sporting events make the entire summer a dangerous time when it comes to drunk driving.

Reducing Risks of Alcohol-Involved Motor-Vehicle Collisions

A recent article by Driving Tests outlined steps motorists can take to reduce the risks of being involved in a motor vehicle collision with a drunk driver:

• Wear your seat belt.
• Leave plenty of following distance.
• Use extra caution at intersections.
• Avoid night driving.
• Be highly aware during holiday travel.
• Be a designated driver.
• Support and cooperate with sobriety checkpoints.

Motor vehicle crashes are the leading cause of injury-related death in Erie County, and a disproportionately high number of collisions are caused by drivers who have had too much to drink. In fact, Erie County reports more than 300 drunk driving collisions a year, more than anywhere else in upstate New York.

New York Injury Claims Against Drunk Drivers

A recent article by Buffalo News interviewed a Cheektowaga police officer who has made more than 300 drunk driving arrests. The officer estimated at least 25 percent of all traffic accidents he investigates involve a driver impaired by either drugs or alcohol. Tell-tale signs of a drunk driver read like a laundry list of poor driving behaviors: speeding, driving too slowly, driving aggressively or recklessly, weaving in and out of lanes, driving the wrong way and driving without headlights are all common signs of a drunk behind the wheel.

Drunk driving collisions are among the most complex personal injury and wrongful death cases a New York law firm can handle. While proof an at-fault driver was drunk at the wheel is often proof of negligence, your law firm must still work to identify all available insurance coverage. Determining the full extent of your compensable injuries is also critical to making a full financial recovery.

Multiple victims, serious injuries, and limited insurance coverage can also make timely filing of your claims vital to making a recovery. This may include pursuing your own insurer for uninsured or underinsured motorist coverage. New York auto insurance law mandates uninsured motorist coverage, which will protect you in a collision with a hit-and-run driver or a driver who lacks auto insurance. Underinsured motorist coverage can be just as important but is optional under New York law. It will protect you in the event an at-fault driver does not have enough insurance to pay the full extent of damages.

If you have been injured in an accident with a drunk driver, contact the Law Offices of James Morris for a free consultation.

Authorities and safety advocates are bracing for the summer travel season by cracking down on all manner of dangerous driving behavior, including drunk drivers, speeders, aggressive drivers and distracted drivers.

For teenagers, the time between Memorial Day and Labor Day has the awful distinction of being the year’s 100 Deadliest Days. While year-end holidays get the headlines when it comes to road carnage, the trio of summer holidays continues to rank among the deadliest. In order to promote safer driving habits, the National Highway Traffic Safety Administration (NHTSA), with a grant from New York State Governor’s Traffic Safety Committee, has defined distracted driving.

Distracted Driving in New York: Definition of Dangerous

New York law prohibits hand-held cellphone use while driving. The law includes talking on the phone, using text, web browsing or e-mail features, viewing or taking images or playing games. Fines range from $50 to $450, and up to 5 points on your driver’s license, which could result in suspension of driving privileges.

As state distracted driving laws go, New York’s is among the most stringent in the nation. However, the law still permits use of hands-free devices, which the National Safety Council and other safety advocates continue to identify as posing a serious safety threat because of the distraction inherent in having a phone conversation while operating a motor vehicle. The National Safety Council (NSC) estimates drivers miss up to one-third of movement and half of what is occurring outside the windshield if they are engaged in a phone conversation – even with a hands-free device.

Other common causes of distraction include talking to passengers, dealing with children or pets, eating, drinking or grooming, and using GPS or other forms of onboard electronics or entertainment. Don’t forget external distractions as the summer road construction season begins. Construction zones are among the most dangerous areas on the road for motorists and workers alike.

Distracted Driving Liability in Buffalo

Whether a distracted driver is held responsible for damages resulting from an accident will have more to do with consulting an experienced Buffalo injury lawyer than it will with New York driving laws.

While a driver’s traffic infraction may go toward proving negligence under New York civil law, a criminal citation is not required. While not the same as carelessness, negligence under the law is failure to act as a reasonable person would to protect another from foreseeable risk of harm.

Proving negligence requires proving defendant owed a duty and breached standard of care, that breach resulted in injury, and that plaintiff incurred actual damages. Your personal injury lawyer will work to identify those responsible and their associated insurance coverage, while also working to identify the extent of your damages, which can include things like property damage, medical bills, lost wages, pain and suffering and cost of rehabilitation.

Like other cities across the United States, Buffalo has suffered from the effects of distracted driving. Distracted driving has become an even more pervasive problem in recent years as in-vehicle technology becomes more prevalent in new vehicles. Unfortunately, driver behavior has not been consistent with either the available accident data or public opinion surveys, all of which demonstrate that distracted driving leads to accidents.

It is important for Buffalo drivers to understand the risks of distracted driving and accept personal responsibility for keeping their attention on the road ahead.

The Disconnect Between Drivers’ Beliefs and Behaviors

Distracted driving dangers are a constant presence in the media. In addition to the reports of horrible injuries and deaths caused by distracted drivers, there are also ongoing efforts from advocacy groups and government traffic safety agencies. These efforts appear to be effectively spreading their message. According to the AAA Foundation for Traffic Safety, distracted driving surpassed other risky behaviors (such as aggressive or impaired driving) and was ranked number one in a survey of risky behaviors drivers believed to be on the rise.

Yet in spite of this, smartphone usage while driving appears to be on the rise. The AAA survey found that the number of drivers who report regularly making cell phone calls while driving jumped 46 percent between 2013 and 2018. A Zendrive study reported by Bloomberg found that almost every state experienced an increase in the percentage of time drivers spent on the phone over a yearlong period. Drastic increases were found in Rhode Island (38.7 percent), Oregon (42 percent) and California (54.2 percent).

Here in New York, drivers were found to have a 16.8 percent increase in the portion of their driving time spent on the phone. The Governor’s Office also announced an increase in the number of tickets issued for texting while driving between 2011 and 2016.

The Consequences of Distracted Driving in New York State

These studies suggest that drivers are, indeed, aware of the problem of distracted driving. Yet this knowledge is not enough to help drivers resist the temptation to divert their attention to smartphones, navigation systems, or in-vehicle entertainment systems. There are many consequences to such distraction. The Governor’s Traffic Safety Committee reports that using a portable electronic device now carries increased penalties of five violation points against the driver’s license in addition to a fine. These sanctions apply to all prohibited activities, including texting, emailing, browsing the internet, making phone calls, playing games and using mobile applications.

In addition to fines and points, distracted drivers can also face the unpleasant experience of a civil lawsuit. Injury victims have the legal right to be compensated for their losses by a negligent driver. A driver who negligently causes an accident while distracted can be liable for property damage, medical bills, pain and suffering, lost wages, and other costs related to the accident. It is important for injury victims to hold distracted drivers accountable through a personal injury claim or lawsuit. This is an important deterrent to preventing future accidents.

A Buffalo car accident attorney can help injury victims protect their legal right to be compensated by a distracted driver’s insurance company while helping to make the roads safer for everyone.

Buffalo car accidents happen for many reasons. Distracted driving, impaired driving, speeding, and many other unsafe driving habits can increase the chances of causing a car accident. Buffalo’s infamous winter weather can linger well into April and also increase the likelihood of being injured in a car accident.

By understanding the common causes of auto accidents and addressing one’s own driving habits, vehicle operators can help keep the roads of Buffalo safe for everyone.

The Recommendations from the Experts

CTV News offers tips for safe driving. One driving instructor reminded drivers to go back to the basic skills that prepared them for their test. Use signals on every turn, make a full and complete stop at every stop sign, turn into the nearest lane of traffic, and follow other basic rules of the road. Many drivers have spent decades since their driving tests developing bad habits. Make an honest assessment of your driving skills and identify any areas which have become sloppy over years.

The driving instructor also discouraged drivers from practicing “target fixation” –  a visual technique in which the driver focuses solely on the road ahead. The safer practice is to scan all areas around your vehicle in order to ascertain traffic conditions on all sides. Perform regular checks of your vehicle’s rear-view and side mirrors. This is a technique borrowed from pilots, who must regularly inspect many different instruments. Monitor traffic and road hazards in the nearby roadway – even those which are not directly in your path of travel. This can help drivers plan an “exit route” in the event of a sudden obstruction in the roadway.

Many drivers do not leave adequate space between their vehicles and vehicles in front of them (an average of only .8 seconds). While two car lengths may be sufficient while driving in fair weather conditions, ice and snow can cause a vehicle to require a greater stopping distance. A safer rule to follow is four seconds of space between your vehicle and the one in front of you. This can be measured by allowing the vehicle ahead of yours to pass a fixed point (such as a building or sign), then timing how long it takes your vehicle to reach the same point. If the time was less than four seconds, slow down and create more space between your vehicle and those ahead of you. Buffalo’s cold climate often causes hazardous driving conditions (such as rain, hail, sleet, snow, and ice). Slow down and exercise particular caution in these circumstances.

Finally, drivers should be careful not to rely too heavily upon vehicle safety features, which can lull them into a false sense of security. Anti-lock brakes will not shorten the distance required for the vehicle to stop. Backup cameras cannot see all obstructions. Lane drift alerts may not be activated in time to avoid a collision. Drivers must not become so reliant on such features that they fail to exercise basic caution.

When drivers fail to act in a safe manner, innocent victims can be injured as a result. The legal advocacy a car accident attorney provides can help encourage Buffalo road users to become safer drivers. Filing personal injury claims with a negligent driver’s insurance company not only helps injury victims access the compensation to which the law entitles them, but also holds drivers accountable for dangerous behavior.

Tires are vital pieces of vehicle safety equipment that are easy to take for granted. Many drivers run their vehicles for thousands of miles without considering the inflation and tread of their tires. It can be easy to forget about the extensive wear and tear to which tires are subjected – at least until there is a problem.

Proper maintenance can help drivers identify tire problems and address them before they can cause an auto accident. When accidents do occur, a Buffalo car accident attorney can help victims protect their legal right to compensation.

Buffalo Roads Are Hard on Tires

Like other cold-weather cities, Buffalo has often-icy roadways, which can seriously damage tires. Ice, snow, and road salt can all lead to uneven roadway surfaces, and the damage done to tires lingers long after winter’s end. Temperature fluctuations can expand small chips or cracks in roadway asphalt or gravel. This can cause larger obstructions, such as potholes, to develop in the roadway. Such obstructions can seriously damage tires.

Many Buffalo residents have been seriously injured or even killed in car accidents caused by damaged tires. In 2016, the Buffalo News reported that a small child, only three years old, was struck by a runaway car tire while waiting at a bus stop. She was transported to a local hospital with unknown injuries. The tire had flown off a passenger vehicle passing by the bus stop. It is not known whether a manufacturing defect or negligence on the part of the owner was responsible for the tire coming loose.

In nearby Cheektowaga, a man caused a pileup of several vehicles after one of his tires blew out while driving on Route 33. According to WIVB, the man lost control of his vehicle after the tire blew out, and ended up striking a light pole in the center median. The pole then fell across lanes in the opposite direction. Drivers swerving to avoid the pole ended up rear-ending one another, flipping over, and even becoming airborne. Several were transported to nearby hospitals. In addition to injuries, the tire blowout also caused heavy delays during rush hour traffic.

What Buffalo Drivers Can Do to Prevent Tire-Related Accidents

Buffalo drivers must take responsibility for maintaining their tires in a safe condition. Failure to do so may cause an insurance company or jury to find the driver negligent. The negligent driver can, in turn, be held legally responsible for compensating the victims of a resulting accident for their injuries and financial losses.

While there is no clear rule for avoiding liability due to negligent tire maintenance, drivers can take simple steps to reduce the likelihood of being found negligent. The National Highway Traffic Safety Administration has published maintenance schedule suggestions for standard tires. Vehicle owners should also be sure to inspect their tires regularly before setting out on the road. Look for debris which might puncture the tire, under- or over-inflation, and worn treads.

After a tire-related car accident, a Buffalo car accident attorney can help injury victims determine who was liable for causing the accident and how they can best access compensation for their injuries.

When it comes to winter driving in New York, motorists in Buffalo are old pros. But even pros are no match for the dangers posed by black ice.

What may look like clear wet pavement might actually be a thin sheet of ice. Unlike snow and slush, where usually at least one tire will maintain some traction or steering ability, black ice can leave a vehicle uncontrollable and unstoppable. Even four-wheel drives are no match for this serious winter threat.

We reported last month on the dangers of intersection collisions during winter weather. While black ice may be present at intersections or on surfaces  where moisture is present in below-freezing temperatures, it is most common on bridges and overpasses.

Icy Conditions Are a Common Threat on New York Roads

Your only clue may be that the pavement will appear slightly darker and duller than the rest of the road surface, according to a recent report in the New York Times.

Experienced auto accident attorneys in Buffalo know the safest course of action is to just assume that black ice is present whenever traveling in freezing temperatures, especially at night.

Authorities advise those who do hit black ice to keep their foot off the gas. Hitting the brakes or turning the steering wheel can make matters worse.

Determining Fault in Winter Traffic Collisions

While winter weather can be a factor in many traffic collisions, it doesn’t alleviate a driver’s responsibility to use due care and maintain control of their vehicle. This can mean reducing speed, not following too closely, taking extra time to slow down when approaching turns or intersections, and otherwise making allowances for road and weather conditions.

New York Civil Law, Article 14-A-(1411-1413), follows a comparative negligence model. What this means is even if you are found partially at fault for a collision, you may still be able to make a recovery against the at-fault party. While this may make recovery possible, it can also make such cases more complex.

Damages can also be a tricky element to prove, especially if you don’t seek immediate medical attention. Defendants may have room to argue that your injury was not causally related to the crash or not as serious as you claim. Obtaining prompt medical treatment is important to help you document your injuries.

Consulting with an experienced auto accident attorney in Buffalo is important whenever a serious collision occurs, and especially so when weather is being blamed as a factor in a traffic accident. Quickly and carefully documenting conditions will be important as the evidence can literally melt away.

Because black ice can render a vehicle uncontrollable, a car may veer off the road, increasing the risk of serious injury. Such incidents may also result in collisions involving private property and property damage.

Leaving yourself a little extra time and using a little extra care can help keep you safe. Fortunately, spring is just around the corner.