Even if you’re responsible and practice safe driving habits, all it takes is one negligent driver to cause a car accident that changes your life forever.

While every crash has the potential to cause severe, life-threatening injuries, head-on collisions are easily the most deadly because of the force that’s released when two vehicles going in the opposite direction collide, resulting in a devastating impact that is considerably more destructive than what victims usually experience in other types of motor vehicle accidents.

Common causes of head-on collisions include lane departures by motorists who are texting while driving, speeding, asleep at the wheel, or driving distracted — but wrong-way drivers, that is, those who drive the wrong way down a divided highway or ramp —  are actually the most at risk of causing a deadly head-on crash.

Unfortunately, these types of crashes are on an upward trajectory.

According to the AAA Foundation for Traffic Safety, there were about 500 deaths per year from the period of 2015-2018 due to wrong-way crashes on divided highways, an increase of about 34% when compared to the average number of annual fatalities caused by wrong-way drivers from the period of 2010-2014.

Experts agree that older drivers have a better chance of becoming wrong-way drivers, but those who pose the biggest risk are drunk drivers.

“Wrong-way crashes on divided highways are often fatal as they are typically head-on collisions. And unfortunately, as the data shows, fatalities from these crashes are on the rise.” —  Dr. David Yang, executive director of the AAA Foundation for Traffic Safety. 

Drunk driving the biggest factor

A staggering 60% of wrong-way crashes involved a drunk driver, which is why AAA and the National Transportation Safety Board (NTSB) are increasing awareness and calling for countermeasures to help address the problem.

“Alcohol impairment is, by far, the single most significant factor in the majority of wrong-way driving crashes, which unfortunately has not changed since the NTSB issued its Wrong-Way Driving special investigation report in 2012,” said Dr. Rob Molloy, NTSB Director of the Office of Highway Safety. “The important work done by AAA shows that we need to redouble our efforts to address this safety hazard.”

To keep impaired drivers off our roads, the NTSB suggests:

• Highly visible enforcement operations.
• DUI checkpoints.
• Promoting the installation of alcohol ignition interlock devices, a tool intended to prevent a vehicle from starting unless the driver provides a breath sample that results in a blood alcohol concentration (BAC) below a pre-set limit.

Crash data also reveals that drivers older than 70 have greater odds of being a wrong-way driver when compared to their younger counterparts. Analysts say certain steps can be taken to address the issue, such as driver refresher courses, installing more visible signs and signals, infrastructure improvements, and legislation to help identify drivers who may be at risk physically or cognitively.

Make your case count. Contact us today.

If you were injured or a loved one died in an upstate New York crash caused by a wrong-way driver, you owe it to yourself to set up a free legal review of your case.

A knowledgeable and experienced car accident attorney can help you get the medical care and treatment you need, investigate your claim, find evidence to build your case, represent you in settlement negotiations, and file a lawsuit on your behalf if the insurance company won’t offer you a fair financial settlement.

Attorney James Morris is a highly skilled personal injury lawyer in Buffalo who has been practicing law for more than 30 years and has won millions of dollars in settlements and verdicts for his clients. Attorney Morris isn’t afraid to take on complex cases and fight hard for victims struggling to recover from injuries. Over the years, he has built relationships with accident scene investigators, reconstruction experts, medical professionals, and others who can provide the expert testimony you need to win your claim.

Find out what the Law Offices of James Morris can do for you.

Contact us today to schedule a free case consultation.

As New York Governor Andrew Cuomo pushes legislators to legalize marijuana, concerns are being raised about the issue of potential drugged driving.

Buffalo drivers need to know what drugged driving is, how driving high could affect them, and how the legalization of marijuana could potentially change the law. The answers to these questions are unclear as the debate over legalizing marijuana continues.

How marijuana use can affect drivers

The New York Office of Alcoholism and Substance Abuse Services (OASAS) states that Delta (9)-tetrahydrocannabinol (THC), the most important psychoactive substance in cannabis, is often detected in blood from drivers suspected of drugged driving.

THC affects areas of the brain that control the following:

• Movements
• Balance
• Coordination
• Memory
• Judgment
• Sensation

The OASAS states that although these effects are known, most laws relating to impaired driving have dealt with alcohol.

According to the Governors Highway Safety Association, drugged driving is more complicated than drunk driving for several reasons, including limited data and the lack of a single test to detect the hundreds of drugs that could influence a driver.

How is drugged driving tested and how can driving high affect you?

Officer Albert Wheech of the Rochester Police Department is one of the 15 to 20 Drug Recognition Experts, or DREs, in the county, according to a report by WHAM.

Wheech, who said he makes about 200 arrests a year for both DWI and DUI, told the ABC affiliate that all DREs go through extensive training to learn how to detect an impaired driver. He also said there is a marijuana pre-test similar to a breathalyzer; however, it is expensive.

Police departments throughout the state will need to consider how and when to invest in training and equipment of this kind. Driving high can be just as dangerous as driving drunk, creating the same risks for all vehicles on the road.

An increase in opioids

In Monroe County, alcohol or drugs played a role in 15 fatal crashes in 2017. It was the same number in 2016.

We should expect to see this number increasing. A study co-authored by Dr. Guohua Li, director of the Center for Injury Epidemiology and Prevention at Columbia University Medical Center, found that car crashes involving a driver under the influence of painkillers have tripled in the past 25 years.

Dr. Li confirms also that the “use of prescription opioids plays a significant role in the causation of fatal motor vehicle crashes.”

Injured in a drugged driving accident? Contact us!

As Buffalo and all of New York inches closer to legalizing marijuana, the Law Offices of James Morris continue to stay on top of potential changes in laws. If you have been injured in an accident caused by a driver under the influence, contact the Law Offices of James Morris for a free consultation.

Many Buffalo residents and visitors are gearing up to celebrate Saint Patrick’s Day. Last year, Buffalo ranked No. 4 among the top ten cities in the US celebrating this holiday. In fact, the 78^th annual celebration parade in downtown Buffalo brought out an estimated 50,000 people.

Saint Patrick’s Day is commonly known as a drinking holiday, which comes with risks that revelers should be prepared for.

Be aware. Drunk drivers will be out this season.

According to WalletHub, about 60 percent of Americans planned to celebrate Saint Patrick’s Day in 2018. The rate at which drunk driving causes a fatality during the holiday is every 36 minutes. About 75 percent of fatal crashes involve drivers who have consumed twice the legal limit.

Additionally, Saint Patrick’s Day is the 4^th most popular day to consume alcohol – just behind Fourth of July, Christmas, and New Year’s.

The National Highway Traffic Safety Administration reports that 60 people were killed in fatal crashes during the St. Patrick’s Day holiday period in 2016.

Despite the repeated slogan “don’t drink and drive,” it’s probable that many drivers will be under the influence of alcohol this Saint Patrick’s Day. Police will likely be out in full force looking to keep drunk drivers off the road, but unfortunately many of these drivers will go under the radar and it will be the responsible drivers who pay.

Identifying negligence in drunk driving accidents

At the Law Offices of James Morris, we have seen the devastation caused by drunk drivers. A single crash can change a victim’s life forever. Injuries can range from broken bones to permanent spinal cord injuries – leaving a victim with a heap of medical expenses, financial hardship, and loss of life enjoyment.

At worse, a drunk driving accident can result in someone’s death, causing emotional and psychological suffering to loved ones.

Determining negligence in a drunk driving case can often be simple. When police respond to a crash, they will most likely test the at-fault driver to determine his or her blood alcohol content.

In some cases, drunk driving accident cases can be more complex, if a bar or establishment can be held accountable for knowingly serving alcohol to an apparently intoxicated individual or minor under New York’s dram shop law (General Obligations, Section 11-101).

Should you or a loved one be injured in a car accident due to a drunk driver’s reckless behavior, you may be eligible for compensation for medical bills, lost wages, pain, and suffering. It’s important that you contact our law firm to get started on your personal injury claim. We offer free case evaluations and operate on a contingency fee basis, which means you don’t pay unless we win.

The hazards of winter driving are obvious. In fact, 2019 already got off to a deadly start, as one person was killed in a devastating pileup that happened on the New York State Thruway near Buffalo. Lake effect snow was the environmental factor that lead to the crash.  

In Buffalo, and anywhere else that experiences brutal winters, crashes caused by inclement weather are common. Each year, according to the U.S. Department of Transportation, wintry conditions account for: 

• 24 percent of weather-related vehicle crashes. 
• Over 1,300 deaths and more than 116,800 injuries. 

Heavy snowfall isn’t the only culprit behind winter-related auto accidents. After a massive snowstorm, it’s common to experience blowing snow and whiteout conditions caused by strong winds. This can obstruct visibility and lead to a serious crash.  

Even when the roads aren’t covered in snow, fluctuating temperatures can result in black ice. This occurs when snow or ice melts after temperatures rise above freezing. When the temperatures drop at night, the roads may freeze in some spots – especially near overpasses.  

What You Can Do to Protect Yourself.

AAA offers some tips to lessen the risk of a winter crash: 

• Never mix radial tires with other types of tires. 
• Avoid using your parking brake. 
• Do not use cruise control. 
• Look and steer in the direction you want to go. 
• Accelerate and decelerate slowly. 
• Increase following distance to 8-10 seconds. 
• Don’t stop when going uphill. 

No matter how safely you drive, you cannot account for the actions of other motorists. If you’ve been the victim of a personal injury accident in the Buffalo area’s legendary winter conditions, you may feel helpless. You may be injured and unable to work or provide for your family as the bills pile up. An insurance company may be pressuring you into accepting an inadequate financial settlement because they know you are desperate. 

Protect your rights. Personal injury lawyer James E. Morris and his legal team have decades of experience representing people just like you throughout western New York. They know the hazards of winter driving and they know how to stand up to the insurance companies. Contact us today for a free initial consultation. You don’t pay a cent unless we win your case.

You were just involved in an auto accident in Buffalo. You followed all the standard accident procedures – exchanging insurance information and reporting the accident to the police. When it comes time to file your claim, one of the most important components you will need is a detailed police report. If you have any questions, an experienced Buffalo car accident attorney can help you navigate this complex process. 

What will police look for at the crash scene?

After any auto accident, calling the police is standard procedure. When an officer arrives, he or she will thoroughly examine the crash scene and note all details on a traffic accident report form. This includes: 

• Reporting the number of parties involved. 
• Reporting any medical attention needed. 
• Noting the tire tracks in the road.  
• Determining the direction traveled by each vehicle.  
• Documenting road conditions, defects, and environmental factors.  
• Determining if any parties were drunk or drug-impaired. 
• Collect witness statements. 

The police may not always arrive at the crash scene. The accident may not have been serious enough, or there may have been another emergency nearby. When this happens, it’s crucial that you gather evidence from the crash scene.  

This can be done by taking pictures or videos of the crash scene and speaking to witnesses. You may then submit a crash report at the nearest police station. 

Purpose of a police report

Even if you feel ok after a crash, injury symptoms may not appear until days later. The cost of medical treatment and time spent away from work can be financially overwhelming. Without a police report, obtaining compensation from the other driver’s insurance company is far-fetched. Without any hard evidence proving who was at fault, the insurance company may deny your claim.  

However, with a detailed police report, your attorney can use the evidence to help you build a solid claim and ensure that your rights are upheld.  

Obtaining a copy of your Get Accident Report can take some time. If the report was filed electronically, then it may be available after 14 days. If a paper form was submitted, it may not be available for 30 days from the date of the accident.  

In the meantime, an experienced car accident attorney at the Law Offices of James Morris can help you get your claim started. Our legal team has decades of combined experience representing injured motorists in the greater Buffalo area. Contact us today to 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.

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.

Intersections are natural points of conflict on the roads. They are the place where traffic risks comes to meet.

A dangerous intersection in Amherst, NY, nicknamed “death corner,” is receiving special attention from the local traffic safety board, according to ABC7. Neighbors report numerous serious collisions, including rollover and entrapment accidents.

But when you add winter weather to the mix, traveling through intersections is the most dangerous thing most of us will do over the next few months. Most winter accidents in Buffalo can still be prevented, but extra vigilance will be critical.

Winter accidents in Buffalo – Safety and Liability

Poor weather only complicates the job of determining fault after an intersection collision in Buffalo. Intersection accidents are often already complex cases. Failure to yield, following too closely, running red lights, speeding and distracted driving are all common causes. Bicyclists and pedestrians are frequently involved. And involved motorists are sometimes entering or exiting private drives or parking lots.

Following an accident, there are many actions you can take to help your claim. Carefully documenting the scene with cell phone photographs is a good first step. But when winter weather is a factor in a serious or fatal collision, consulting an experienced Buffalo injury lawyer in a timely manner becomes even more critical.

Documenting weather conditions before they disappear is challenging. But the critical need to determine causation and identify all at-fault parties does not change just because of ice and snow. In fact, proving an at-fault party failed to use reasonable care can be even more critical when poor weather is partially to blame.

For instance, something as simple as clearing ice and snow from your hood and windshield can have a significant impact on accident risks, both for you and for other motorists on the road.

New York law is in flux on the issue of a motorist’s responsibility to clear ice and snow from their vehicle, with lawmakers having introduced several pieces of legislation in recent years. As of the start of 2018, the trucking industry is opposing a measure that would apply specifically to tractor trailers and other large commercial vehicles.

Resolving to be a safe driver will not only improve your odds of avoiding a weather related collision, but also reduce the chances you will be found at fault if a crash does happen.

Tips for safe driving this winter

Plan to stop well before reaching an intersection and remain alert for pedestrians or other points of potential conflict. Always be prepared to yield the right of way. Don’t assume an approaching motorist can or will stop even if you have the legal right to proceed.

Obey all traffic control devices and signals. Running yellow lights becomes particularly dangerous during bad weather, especially when visibility is reduced, because motorists require more stopping distance.

Overall, safe winter driving starts with planning. Lake effect snow can be particularly dangerous in Buffalo, where the weather is known to deteriorate rapidly. Buffalo News and AAA provide winter-driving safety tips.

Planning includes having your vehicle properly serviced. Nothing is more basic than appropriate tires and a good battery. During the first cold spell of the year, AAA reported more than 2,600 calls from motorists stranded in Central or Western New York because of a dead battery.

Travel with an emergency kit, a charged cell phone and at least half a tank of gas.

Beware of the dangers of black ice. Roads that appear clear, particularly bridges and highway exit ramps, may be covered in ice. Contact an experienced Buffalo auto accident attorney if you have been injured in a winter weather crash.

With so much media attention on drunk driving, it can be easy to forget that one of the greatest dangers faced on the roads is simple speeding.

Speeding increases the force generated by a collision, which in turn increases the severity of injuries sustained, and also increases the likelihood that those injuries will be fatal. The World Health Organization reports that an injury victim is twenty times more likely to die in an impact at 80 kilometers per hour (49 mph) than impact at 30 kilometers per hour (19 mph).

After any auto accident, an experienced Buffalo car accident attorney will help injury victims identify all contributing factors and all parties responsible for causing their injuries, to secure the fair legal compensation to which they are entitled. At The Law Offices of James Morris, we work tirelessly to ensure each victim gets the maximum compensation that they deserve.

Speeding Fatalities Are on the Rise

After the economic crash of 2008, fewer vehicles were on the road, and traffic fatalities experienced a corresponding drop. The Washington Post reports that United State traffic fatalities hit an all-time low in 2011. Unfortunately, traffic fatalities have been steadily climbing ever since. Now, in 2017, more than eighteen thousand people died on the road between January 1 and June 31. Another 2.1 million people were seriously injured in car accidents during that same time. Despite some improvements in safety, hundreds of injury victims die on the roads of America every day. According to the National Transportation Safety Board, speeding accidents caused more than one hundred thousand deaths in the United States between 2005 and 2014.

Speeding and speeding-related accidents are more likely to occur in areas which do not use photo enforcement programs. The National Center for Biotechnology Information published a longitudinal review of studies which measured the efficacy of automated enforcement technology programs. Of twenty-eight studies reviewed, every single one reported a lower number of crashes after implementation of a speed enforcement technology program. Bloomberg reports that such technologies are widely acknowledged to be an effective deterrent to speeding, but that they are currently only used in fourteen states and the District of Columbia. Their efficiency has caused the National Transportation Safety Board to recommend that states remove laws which prohibit the use of such technologies.

What You Can Do to Avoid Speeding-Related Accidents

The reason photo enforcement technologies are so effective is that they hold drivers accountable for their driving behaviors with definitive, visual proof of their actions. Until an individual driver accepts personal responsibility for safe driving habits, no amount of enforcement will reduce speeding accidents.

Friends and family members should speak up when a driver’s speed is not safe, especially when it becomes a habit. While this can be an uncomfortable discussion, it is one that can save lives. There are also immediate benefits to eliminating speeding in your personal driving behaviors. Section 1180 of the New York State Vehicle and Traffic Law prohibits driving a vehicle at a speed greater than is reasonable and prudent under the current conditions and hazards.

Violation of this law can not only result in a traffic citation, but it can also make the driver legally responsible for causing any accident which occurs as a result. If you or a loved one has been injured by a negligent driver, contact an experienced Buffalo car accident attorney as soon as possible. You have the right to be compensated for your injuries. Contact us today.

Distracted driving has become an increasingly pervasive threat to public safety in recent years. Now, New York Governor Andrew Cuomo is taking measures to make it easier for law enforcement officers to cite drivers who have violated laws banning mobile device use while driving.

The hope is that this measure will drive down the number of distracted driving accidents in New York. Given that distraction is cited as the primary reason for the uptick in traffic accidents nationally, addressing it is paramount.

Know also that following a distracted driving crash, those injured have legal rights which must be protected. At James Morris Law, we provide just that.

How to Test for Distracted Driving: the Textalyzer Test

Business Insider reports that Governor Cuomo’s order directs the Governor’s Traffic Safety Committee to examine a new device which allows officers to quickly check for recent mobile device use after an auto accident. This technology is known as the “textalyzer”, and in many ways, it is legally similar to the use of a breathalyzer to check for impairment after an auto accident. The Governor’s Traffic Safety Committee has been tasked with reporting on the technology, civil liberties issues surrounding its use, and the privacy implications of such a device.

Mobile phone manufacturers are also attempting to address this problem by improving and enhancing “do not disturb” features on smartphones. As usual, Apple has been at the head of this trend. Business Insider reports that the iOS 11 operating system for iPhone – due for release in late 2017 – will include a comprehensive “do not disturb while driving” function. This function will automatically detect when a user is driving and engage itself. The user receives no notifications and cannot access the home screen until he or she stops driving. The user can override this setting by following a series of prompts. While this override feature is necessary in the event that a user is the passenger (not driver) of a vehicle, it leaves open the concerning possibility that users can override the feature and use a fully accessible smartphone while driving.

How Motorists Can Curb Distracted Driving

Do Not Disturb features raise a broader discussion into the issue of distracted driving. Distracted driving is responsible for thousands of deaths and injuries every year. In fact, Apple’s move to introduce the comprehensive function for iOS 11 comes after it was sued for failing to include such features in earlier versions. According to the Guardian, Bethany and James Modisette sued Apple for the wrongful death of their five-year-old daughter, who was killed in a car accident by a driver using FaceTime while driving. The Modisettes alleged that Apple held patents on technology to lock out iPhone functions while driving, but had failed to implement them in their products, thus contributing to their daughter’s death.

While the improvement and expansion of Do Not Disturb features can certainly help target the problem, it falls to each individual driver to accept personal responsibility for implementing safe driving habits. No technology can completely eradicate the dangers of distracted driving. No Do Not Disturb feature can be forcefully implemented in every driving situation. Only a personal commitment to avoiding distractions can prevent a driver from becoming distracted. Passengers should speak up when they notice their driver is becoming distracted. Parents should implement and enforce specific guidelines for their teen drivers, whose inexperience makes distracted driving particularly dangerous for them.

Researchers in Australia looked at how older-model cars (those made before 2000) stand up to the newer ones. Of course it stands to reason that even all else identical, any newer car would be safer than an older one with more miles an wear. But beyond that, newer models come with the benefit of years of engineering technology advancement and increased safety features like forward collision warning and rearview cameras.

But even beyond that, researchers say, there is structural integrity. In a test between a 1998 Toyota Corolla and its 2015 counterpart, the results weren’t even close. The ANCAP showed how the older vehicle was quickly reduced to a crumpled heap, the front wheel smashed inside the front cabin, the door frame collapsed and the roof buckled. Meanwhile, the front cabin of the newer vehicle was largely intact. The door could still be opened.

While the newer model occupant would likely have survived unscathed, the driver of the older car would have either died or suffered severe traumatic injuries to the brain, chest and legs. It should be noted the older vehicle didn’t have airbags (which were mandated standard in the U.S. by that time, but not in Australia or New Zealand), though researchers concluded in this particular case, that wouldn’t have made a huge difference.

By today’s standards, that older model car – just 17 years older than the newer one –  would receive a zero-star safety rating, with the 2015 model would get 5 out of 5 stars.

Older Cars Overrepresented in Fatal Crashes

The data underscores what we already know about fatal car accidents in Buffalo and elsewhere: The older the car, the more likely it is to be involved in a fatal crash. This is especially concerning when we consider that older cars are more likely to be driven by two of the most vulnerable motorists: Teenagers and elderly drivers.

Research published in a 2014 issue of the journal Injury Prevention revealed more than half of teens killed in crashes between 2008 and 2012 were in vehicles that were 11 years or older. Eighty-two percent of those who died were in vehicles that were at least 6-years-old.

The Australian researchers found that while older cars represented roughly 20 percent of cars on the road, they account for 33 percent of fatal crashes. In comparison, newer model cars account for 31 percent of cars on the road, yet are involved in 13 percent of fatal crashes.

Recovering Damages

Because older cars are more likely to be involved in crashes that are fatal or life-threatening, it’s imperative that drivers keep them well-maintained and properly insured. Although maintenance isn’t likely to improve the structural integrity of your older car, it can likely help to make sure your risk isn’t higher. Consider too that if some improper vehicle maintenance plays a role in the crash, you could be deemed liable, or at least comparatively negligent. (In New York, N.Y. C.P.L.R. § 1411 holds that comparative negligence won’t bar recovery for damages, but it can proportionately diminish the amount to which you are entitled).

You may also want to consider higher-than-average UM/ UIM (uninsured/ underinsured) motorist coverage. Such coverage isn’t required under New York law, but especially for drivers of older cars, it’s recommended.

If you or your teen driver suffer injury Buffalo car accident, our injury lawyers will work to help you identify every viable avenue for compensation.

When a rear-end car accident happens, victims of the collision could be hurt as a result of the crash impact. It is imperative for everyone involved in the accident to seek medical attention. You should get an exam performed even if you believe your injuries are relatively minor and will go away on their own.

Why Seek Medical Attention After a Rear-End Crash in Buffalo?

New York is a no fault insurance state, and every driver has to buy personal injury protection (PIP) insurance coverage. This means no matter how a rear-end crash happened, all victims can make a claim with their own insurance provider to have certain post-crash losses covered. Covered losses can include medical bills.

Getting an auto insurer to pay for your injury treatment can save you a significant amount of money, especially as Auto Insurance Center warns the average cost of a personal injury protection (PIP) claim was $8,017 as of 2013. If you cannot make a successful injury claim, you will have to cover costs of necessary treatment and bear other expenses of the rear-end accident on your own.

To make a successful injury claim, you have to be able to provide proof of injuries sustained in the accident. You must both show the crash caused the injuries and also show the extent of the injuries.  You can do this only if you go and see a doctor and the doctor conducts a comprehensive exam. The doctor should carefully document all of the damage sustained in the crash as well as how badly each injury affects your health over the short-term and long-term.

When you make an injury claim, the medical records from after the accident will be used to determine if you are entitled to compensation and the amount of damages. You do not want to be left without medical records due to skipping the doctor, as this could mean you are not able to make your claim.

Medical records showing the extent of injuries will also be useful if you suffered serious injuries and are able to make a personal injury claim against the other driver in the crash. Drivers have to buy liability insurance in New York, and crash victims get to sue when their injuries are more serious than no fault policies cover.

Victims have to prove the other driver was liable, which is usually easy for drivers in lead vehicles in rear-end crash cases since there is a presumption the rear driver is responsible for hitting the other vehicle from behind.  Victims also have to prove how badly they were hurt, which medical records will do.  The case may settle outside of court or be resolved through injury litigation, but the medical records can help convince either an insurer or a jury regarding the payment of appropriate crash damages.

If you drove in 2015, you faced an increased risk of becoming involved in a motor vehicle accident. National Highway Traffic Safety Administration warns there were significantly more motor vehicle collisions in 2015 compared with 2014. The year is over, so bringing crash rates down for last year is now impossible. However, drivers can and should view the higher crash rates as a wake-up call to improve driver safety in 2016.

Improving Driver Safety in 2016 To Fight Rising Traffic Crash Rates

The total number of fatalities in motor vehicle collisions in 2015  increased 8.1 percent from the 32,675 people who were killed in 2014. The fatality rate in 2015 also rose 4.4 percent from the 1.07 deaths per 100 million vehicle miles driven in 2014. The significant rise in deaths is a reversal of a downward trend in car crash deaths which had been occurring over the past several years.

How can drivers help to reverse these rising crash rates next year? There are many different things motorists should make a commitment to do so 2016 does not show another rise in collision rates. Safe driving tips include:

• Driving the speed limit and slowing down in bad weather conditions. Winter in Buffalo means snow, and drivers need to allow themselves plenty of time to get to their destination when conditions are not ideal.
• Avoiding driving in bad weather whenever possible. If the weather report is warning of a storm, postpone non-essential trips. If you must drive, refrain from passing snow plows and try to stick to more well-traveled roads which are more likely to be plowed.
• Keeping vehicles well-maintained. Changes in temperature can lead to changes in tire air pressure, which can result in tire blowouts.  Keep the tires properly inflated and have other car parts, like the brakes, checked regularly to make sure mechanical failure does not cause collisions.
• Avoiding using any type of electronic device or smart phone. Apple watches are the latest concern when it comes to distracted driving. NHTSA warns 10 percent of deadly accidents in 2014 involved a driver who was distracted when the crash happens. All products, including hands-free ones, are a big risk factor for collisions.
• Never drinking and driving. In 2014, drunken drivers caused 9,967 of the total fatalities- which was around a third of all car accident deaths.
• Staying awake and alert. In 2014, 2.6 percent of crash deaths were attributed to drivers who were drowsy. The number of drowsy drivers who cause crashes may be underreported since motorists often do not admit when they were too tired but kept driving anyway.
• Being especially careful when traveling through intersections. Close to 40 percent of the collisions within the United States occur when the motorists are at an intersection, with most of these crashes happening because drivers don’t look carefully enough before going into the intersection.
• Buckling up. Forty-nine percent of the people who died in car accidents in 2014 had no seat belts on when they were involved in the fatal crash which ended their lives.

Speeding is a top cause of motor vehicle collisions and fatalities in Rochester, Buffalo, Clarence, Amherst and throughout the entire United States. A personal injury lawyer knows that around a third of deadly car accidents in this country involve a motorist who is exceeding the posted speed limit and/or who is driving at a speed that is not safe given the current road and weather conditions.

Speed cameras and ticketing by law enforcement officers are some of the different ways in which lawmakers try to force people to abide by speed limits. Still, drivers continue to go too fast. Now, Fox News reports that there is a new approach being taken to help to deter speeding drivers. This approach involves the use of the popular toll collecting device, EZ Pass.

Could EZ Pass Help Reduce Speeding?

According to the Insurance Institute for Highway Safety (IIHS), a third of all car accidents since 2003 that have resulted in fatalities have involved drivers who were going too fast. Highways and freeways are the site of approximately 30 percent of all of the deadly accidents in the country in which drivers are speeding. Only small local roads were the site of a higher percentage of speeding-related crashes, with about 38 percent of deaths caused by speeding occurring on these roads.

Preventing collisions on highways and freeways could save thousands of lives each year. In 2012 alone, 1,185 people died on U.S. interstates as a result of excess speed. In total over the course of that same year, there were 10,219 nationwide deaths on all roads due to speeding.

Many drivers traveling on highways and freeways use EZ Pass in order to avoid having to stop their vehicles to pay tolls. The EZ Pass goes in the front window of the vehicle and allows for electronic collection as the driver passes through the toll plaza.

Pennsylvania, New York and Maryland have now teamed up with EZ Pass so that a driver going through the toll plaza is also monitored for his speed. If the motorist is going too fast, he risks consequences. Currently, there is no system in place in which that driver is either ticketed or receives points on his license. Instead, a driver who is detected to be going over-the-limit is in danger of losing the use of his EZ Pass.

In Maryland, for example, a driver who exceeds the posted speed limit of 30 miles-per-hour in toll plazas could lose his EZ Pass for a period of 60 days. The driver will lose the use of the EZ Pass after two incidents in which he travels through the toll plaza at a speed that is at least 12 miles-per-hour over the speed limit.

There are some concerns in these states about privacy and about whether EZ Pass should be involved in speed monitoring. However, if this effort can save lives and reduce the dangers of interstate travel, the programs are likely here to stay and mores states may also move forward in an effort to improve their own road conditions.

Contact a Buffalo accident attorney at the Law Offices of James Morris at 716-855-1118or visit www.jamesmorrislaw.com.  Serving Buffalo, Rochester, Williamsville, Amherst Cheektowaga and surrounding areas. Attorney advertising.

A fatal collision in Monroe County left 35-school children traumatized recently. According to Time Warner Cable News, a driver ran a stop sign and was hit by the bus in which the children were riding. The driver was killed. Five of the children aboard the bus required medical attention but fortunately none were seriously hurt. Not all children are so lucky when involved in a bus collision.

School buses are reportedly the safest way for children to commute to and from school. According to the National Highway Traffic Safety Administration (NHTSA), just one percent of kids who lose their lives in fatal school transportation accidents die involving collisions with school buses.

Still, accidents do happen. An NHTSA Fact Sheet reveals that a total of 1,222 fatal accidents resulted in kids dying while commuting to or from school from 2003 to 2012. In total, 119 of the kids who died were killed in pedestrian accidents involving a school bus and 55 were killed while riding a school bus. If a child is injured or killed when commuting to school, a personal injury lawyer can help parents to pursue a claim for compensation.

Preventing School Bus Accidents

The NHTSA’s website, Kids, the School Bus and You, provides safety tips for drivers to keep kids safe as children commute to school and provides safety tips for kids who take the bus to school.

To prevent accidents, drivers are urged to:

• Be on the lookout for kids who are walking to school before pulling out of driveways.
• Watch or signs indicating that you are in a school zone and follow the lower speed limit while looking carefully for kids.
• Be especially vigilant in looking for kids walking to school in areas where there are no sidewalks for kids to walk on.
• Follow the legal rules and stop for school buses that have red flashing lights and an extended stop arm. Yellow flashing lights on a school bus mean that it is time for drivers to prepare to stop.

To prevent accidents involving school buses, kids are urged to:

• Get to the bus stop five minutes or more before the scheduled time of arrival.
• Stay six feet, or three giant steps, away from the curb while waiting and before boarding the bus.
• Line up in the direction away from the street while waiting to board the bus.
• Wait until the bus has stopped completely and the driver has said that it is OK before trying to get on the bus.
• Use the handrails when getting on and off of the bus to avoid falls.
• Leave at least 10 feet between you and the bus when you are crossing. Always cross in front of the bus and never get behind the bus.
• Leave at least 3 large steps, or six feet, between you and the side of the bus.
• Avoid stooping or bending down to pick up any dropped items unless you have first told the driver that you are going to do so, as bus drivers may not see you if you are bending over.

Parents should remind kids of these best practices for safety in order to reduce the chances that a school bus accident will occur during this school year. If kids and drivers do their part, hopefully children will be able to commute to and from school without a collision occurring.

If you need an injury attorney in Rochester or Buffalo, contact the Law Offices of James Morris at 1-716-855-1118.  Attorney advertising.