Why Seek Medical Attention after a Rear-End Crash in Buffalo

Jan 2016

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. drive-time-676275-m

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.

NHTSA Traffic Crash Data a Call To Action for Buffalo Drivers

Dec 2015

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. KONICA MINOLTA DIGITAL CAMERA

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.

Where Head On Collisions are Most Likely to Occur in Buffalo

Nov 2015

A Buffalo woman attempting to pass a car on Route 97 recently collided head-on with another vehicle. The woman was trying to pass another vehicle and was traveling eastbound in the opposing traffic lane. She collided with another car, killing the other driver instantly. She was also killed in the accident. According to Buffalo News, the collision is under investigation and law enforcement officers are awaiting toxicology reports to make a determination on whether alcohol use was involved in the head-on accident or not. way-wrong-1245111

Head-on crashes make up a disproportionately high share of fatal car accidents, and of collisions resulting in serious injury. Statewide in New York, 966 fatal collisions and another 118,465 non-fatal injury crashes occurred over 2014, according to the NY Department of Motor Vehicles. Improper passing, which often results in head-on crashes, was the cause of a total of 13,589 statewide collisions. Drivers going the wrong way onto a highway, and drivers losing control while traveling around a curve are also very common causes of head-on crashes.

Motorists must be aware of the dangers of head-on collisions and must be proactive in attempting to prevent them from occurring. One key part of effective prevention decisions is knowing where head-on collisions are most likely to occur.

Where Head-On Collisions are Most Likely to Occur

Head-on collisions frequently occur on two lane roads, which have no middle median or physical barrier. Safety Transportation says ¾ of all head-on accidents in the United States occur on these types of roads. One possible option for lawmakers to improve safety on these type of roadways is to add a cable barrier or some other type of physical barrier.

Cable barriers are often recommended over concrete medians because the cable barrier has more give if a driver hits it, so motorists who strike the median are less likely to be badly injured or killed. The use of rumble strips could also be an effective way to alert drivers they have crossed over from their lane and into the lane of opposing traffic, which they are in danger of hitting head-on.

Drivers who travel on two lane undivided roads can also make sure they follow the speed limit- especially around curves where 23-percent of head-on accidents happen. They can also avoid distractions, intoxication, and drowsy driving, which are all contributing factors to causing head-on crashes as drivers veer off into opposing lanes.

Head-on collisions also frequently occur on highways, as well as on the entrance ramps and exit ramps people use in order to access highways. When drivers get onto highways going in the wrong direction, they are very likely to strike other vehicles moving at high-speeds, thus causing fatal head-on collisions. The use of more effective “No Enter” signs, placed slightly lower, could help to reduce these types of crashes according to NBC. Drivers also need to be careful attention to pavement markings and avoid intoxicated driving which could cause disorientation and result in wrong-way head-on accidents.

Avoid Car Accident Risks While Tailgating at the Big Game

Oct 2015

Tailgating at the Buffalo Bills game, or other professional or college sporting event, is a favorite pastime for Buffalonians. While going tailgating before the game can be a lot of fun, it can also put you and your loved ones at risk of alcohol-related car accidentstraffic-jamz-1446911

You need to be aware of some of the dangers associated with tailgating and make sure you have done what you can to avoid such risks.  You also need to be aware of driving risks when the game is over and everyone is leaving the stadium to head home.

Avoid These Car Accident Risks While Tailgating

While tailgating at Ralph Wilson Stadium and after the football game has come to an end, some of the different car accident risks to be concerned about include:

  • The risk of a drunk driving accident. Tailgating happens in parking lots, and sometimes happens where people drive. Many tailgaters also get drunk. In fact, tailgaters are 14 times more likely than the average football game attendee to be so intoxicated as to be over the legal limit, according to ABC News. When you pull into the parking lot, set up your tailgating area, walk around the parking lot, or get ready  to leave the game, you need to be on the lookout for drunk drivers who may not be operating their vehicles safely.
  • The risk of backover accidents. Backover collisions happen frequently in parking lots, and occur when a driver is leaving a parking space or backing in to a space and does not look behind to make sure there are no obstacles in his way. Kids and Cars reports 48 children are hospitalized and two kids die every single week in backover accidents, on average. While kids are at the greatest risk of backover accidents generally, anyone could be hit by a reversing car in a parking lot during or after a football game when there are so many cars around.
  • The risk of a parking lot collision. State Farm claims data shows around 20 percent of accident claims occur because of crashes in parking lots, according to an Albany University study. Motorists in parking lots who are setting up their tailgating, who are parking for the game, or who are leaving the game may strike other vehicles or people.
  • The risk of rear-end crashes. When leaving the stadium, there is often a lot of densely-packed traffic. Drivers who aren’t paying attention to the road may cause rear-end accidents if they don’t notice the car in front of them has stopped or has changed speeds.

Next time you tailgate or attend any football game, keep these risk factors in mind so you can be safer both before the game and after. If drivers know about the dangers of car accidents when attending football games, they can make smarter and more informed choices to keep themselves and others from harm.

Reporting Your Buffalo Car Accident

Sep 2015

Drivers in the state of New York have to buy no fault insurance coverage. The maximum amount of money available under no fault coverage is $50,000. No fault coverage pays for medical bills and loss of wages after an accident. If you exceed the $50,000 in basic no fault benefits, you can apply for additional benefits available through auto policies from other household members or other vehicles you occupied. No fault coverage is also called personal injury protection (PIP) coverage.


No fault PIP coverage means you get all of your medical bills covered and some of your wages paid if you have to miss work following a traffic accident, regardless of who caused the collision. If injuries were serious or death occurred and there was another driver to blame, you may be able to pursue a claim against that motorist for damages not covered by PIP. You need to know how to report a car accident and what steps to take after a collision so you can maximize your chances of getting full compensation for crash losses.

How to Report a Car Accident

If you want PIP coverage, you must follow rules set forth in Regulation 68 for reporting a collision. Department of Financial Services explains Regulation 68 requires: “in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident.”

The only exception to this requirement is if you can provide clear justification, in writing, for why you did not provide this information within 30 days.

The PIP claim must be filed with the insurer covering the car you were an occupant of. If you were involved in a pedestrian collision, you must file with the car that hit you. If you don’t know who hit you or the driver was uninsured, you can sometimes file a PIP claim with the insurance of any member of your household who had PIP coverage.

You should also be sure to get information from the other driver about his insurance, and to get the other driver’s contact details. When you suffered serious injuries, you will need to deal with the other driver’s insurance. The insurance representing the policyholder who caused the accident should pay for economic and non-financial damages. You can recover this money through a negotiated settlement if the insurer accepts fault and is willing to make a settlement offer. If you do not believe the insurer is offering a fair payout, you can file a personal injury claim. If your family member was killed, you can go to court and file a wrongful death claim.

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Buffalo, NY Lawyer James Morris Selected as a Top Attorney in Upstate New York

Aug 2015

Buffalo, NY personal injury lawyer James Morris has been named to the 2015 Upstate New York Super Lawyers Top 50 list, a recognition limited only to a select few legal professionals in the state.

While he has been recognized by Super Lawyers each year since 2007, this marks the first year Morris has been named to the exclusive Top 50 list. He joins the Top 50 as one of the few plaintiffs’ personal injury lawyers to receive extremely high point totals during the nomination, research and peer review process. The attorneys in Upstate New York who receive the highest point totals during the Super Lawyers process are further recognized in the Top 50 list.

Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to be named to its list.

An attorney in Western New York for more than 25 years, Morris devotes his practice exclusive to personal injury and wrongful death litigation. He handles injury and wrongful death claims involving motor vehicle accidents, workplace accidents, injuries to children and more.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law.

Police Could Subpoena Phone Records After Buffalo Rear-End Collisions

Feb 2015

Rear-end accidents are one of the most common types of collisions in Buffalo, Clarence, Williamsville, Amherst and nationwide. After a rear-end accident, determining the crash cause is important in order to determine who should be held legally liable for all losses and damages incurred by victims. In some cases, a driver can be held criminally responsible for causing death or serious injury if he was grossly negligent or was impaired while driving and caused an accident to happen. cell-phone-1254846-m

A personal injury lawyer knows that law enforcement officers will typically conduct a comprehensive investigation into an accident cause, especially if serious injury or death happened. One part of this investigation may involve asking the motorists who were in the crash to provide their cell phone records.

Cell Phone Records Can Shed Light on Rear-End Accident Causes

According to the Claims Journal, a rear-end accident that has made headlines is currently being investigated. The crash involved Olympian athlete and reality television star Bruce Jenner. There were a total of four vehicles in the chain-reaction rear-end crash that left one person dead. Each of the drivers involved in the accident, including Jenner, has been asked to provide their cellular phone records. If any of the drivers is not willing to turn those records over, it is likely that the sheriff’s investigators who have been assigned to determine the cause of the crash will subpoena the records.

The purpose of obtaining the records is to determine if any of the drivers was either talking on the phone during the crash or was involved in texting during the crash. Talking or texting does not automatically mean you are to blame for causing the accident. However, because these behaviors do significantly increase the risk of a collision due to delayed reaction times and impaired judgment, the fact that you were on the phone or texting can be a strong indicator that you may have been at least partly to blame for causing the rear-end or other accident to occur.

Police will look at your call log to determine if you may have been talking on the phone. Cell phone records provide information on the time a call came in or a time the call was made, as well as how long you were on each call. This makes it very easy for police to see whether you were talking at the time of the crash.

It is a little harder to see if you were texting. The problem is that when you are texting, only the delivery time of the text is displayed on the phone records. The time when you are typing or reading does not show up. However, if there were many text messages sent or received at around the time that the accident happened, this could create a strong presumption that you were probably texting at the time of the collision. In rear-end accidents, the rear driver i usually considered at least partly responsible because he has the obligation to make sure he leaves room to stop if the front driver does. Still, phone records could provide more info on whether the front driver may have alone done something wrong that led to the crash occurring.

Contact a Buffalo accident attorney at the Law Offices of James Morris at 800-477-9044 or visit http://www.jamesmorrislaw.com.  Serving Buffalo, Rochester, Williamsville, Amherst Cheektowaga and surrounding areas. Attorney advertising.

Could EZ-Pass Help Reduce Buffalo Speeding Collisions?

Feb 2015

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 800-477-9044 or visit www.jamesmorrislaw.com.  Serving Buffalo, Rochester, Williamsville, Amherst Cheektowaga and surrounding areas. Attorney advertising.

Buffalo Teens & Driving Safely in Snow

Dec 2014

While teenagers throughout Williamsville, Clarence, Amherst, Buffalo and surrounding areas may be very eager to get their license and begin driving, parents may be less excited about their son or daughter being behind the wheel. A personal injury lawyer knows that there are significant risks for young drivers on the roads. In fact, as Drive Steady reports, the risk of a motor vehicle collision during a teenagers first year of driving is 10 times the risk faced by a more experienced motorist. In particular, the greatest number of accidents involving teen drivers occur during the first six months of the time when a young person gets his or her license.

Motor vehicle crashes caused by teen drivers remain a primary cause of death and serious injury for young people. There is always a danger when inexperienced drivers get behind the wheel; but the risk is made even worse during the winter months when inclement weather hits. Many teens have never driven in snow or with icy roads and this winter will be their first opportunity to battle these elements as they try to get safely to their destination.

Parents Can Play a Part in Teaching Kids Safe Winter Driving

While drugs and alcohol play a role in causing teen driving accidents, some of the biggest reasons why young people are so collision prone include overconfidence in their driving abilities coupled with inexperience that makes it difficult to respond to hazards. This can be a recipe for disaster during the winter, as young people may think that they can handle snow and ice on the roads and may end up endangering themselves and others as they drive in treacherous conditions.

Brand Connection provides some tips for parents on helping kids learn how to drive safely in order to overcome the dangers associated with their first season of winter driving. Recommendations include:

  • That parents do some winter driving practice with kids. When the weather starts to get bad out, parents should take their kids to an empty parking lot and let their children practice driving in the snow. Kids need to learn how to react to a slide, so parents should have them stop suddenly so the car skids and they have the opportunity to get the vehicle back under control. Young people also need to be taught how to brake safely when the roads are icy.
  • Parents should watch for bad weather and try to restrict driving. When the snow is coming down or there is snow on the ground, teen trips in the car should be limited to the essentials. If possible, kids should not drive at all until after the roads have been cleared.
  • Parents may wish to enroll their kids in winter driving classes. Many schools offer this type of education in order to help young people to avoid collisions.

It is also a good idea for parents to share some basic safety tips, like always putting headlights on during snow storms and never passing a plow that is clearing the roads. As the recent massive Buffalo snow storms showed, it is never too early to teach your kids how to handle snow.

Contact a Buffalo accident attorney at the Law Offices of James Morris at 800-477-9044 or visit http://www.jamesmorrislaw.com.  Serving Buffalo, Rochester, Williamsville, Amherst, Cheektowaga and surrounding areas. Attorney advertising.

Rear-View Cameras May Prevent Buffalo Crashes

Parents and relatives of young children need to be extremely careful when backing out of driveways.

As many as 50 young children are run over in a back-over crash every single week in the United States. Around 48 children need to visit an emergency room after being run over, and two children die in these crashes every single week.

A personal injury lawyer knows parents and close relatives are the behind the wheel in a majority of situations where a child is injured or killed in a back-over crash. In fact, according to Kids and Cars, a full 70 percent of back-over accidents resulting in injury or death to children involve a driver who is a parent or who is a close relative.

There are ways for parents to prevent back-over collisions and reduce the risk to their children. One of the best options may involve installing a rear-view camera in a vehicle or purchasing a vehicle that has a rear-view camera already installed in it.

Rear-view cameras can significant improve visibility and the National Highway Traffic Safety Administration (NHTSA) has indicated it require rear-view cameras to be installed in all cars starting in 2016. Until that mandate goes into effect, parents and relatives may wish to purchase a vehicle with a system installed or install an aftermarket system in their vehicles after they have purchased the car.

Rear-View Cameras Reduce the Risk of Crashes for Kids

Rear-view cameras can make a big difference in helping to avoid deadly back-over accidents. In fact, as the Auto Channel reports, a study recently conducted by AAA has revealed rear-view cameras can improve rear visibility in vehicles by as much as 46 percent on average.

For some vehicles, such as hatchback cars, the improvement was even more significant. With a rear-view camera installed, a 75 percent improvement in rear visibility occurred. In vehicles that were smaller, such as sedans, adding a rear-view camera could improve rear visibility by 36 percent.

The greatest improvement in visibility occurred in the 10 feet immediately behind the area where the motor vehicle was driving. This is the area that tends to be the most dangerous spot for kids.

However, even after a rear-view camera has been installed, drivers need to continue to exercise a reasonable degree of care and caution in making sure they do not injure young children or otherwise cause a back-over accident to occur. AAA recommends before getting into the car, drivers do a pre-check to see if there are any obstacles behind the vehicle.

At the time when you are doing the pre-check, you can also wipe off the camera in case there is any snow or debris on it. The visibility of the rear-view camera may be affected by poor weather, so drivers also need to be aware that there is still some risk of a back-over crash.

The average age of a child who is injured or killed in a back-over accident is just 23 months. Drivers need to do their part to keep these vulnerable young people safe from a life changing or life-ending injury.

Contact a Buffalo accident attorney at the Law Offices of James Morris at 1-800-477-9044 or visit http://www.jamesmorrislaw.com.  Serving Buffalo, Rochester, Williamsville, Amherst, Cheektowaga and surrounding areas. Attorney advertising.