Electric scooters may soon become a convenient mode of transportation in Buffalo, according to The Buffalo News. The New York State Assembly and Senate are in the process of considering this year’s budget, including adding potential provisions that would modernize state transportation. One provision would allow cities throughout New York State to implement their own rules regarding electric scooters.

Governor Andrew M. Cuomo, who advocates for electric scooters, sees this as a way to alleviate the state’s transportation challenges. Electric scooters would allow commuters to get from point A to point B without following public transportation schedules or paying for parking. In addition, they would take more cars off the road — potentially eliminating traffic congestion in the cities.

While residents of Buffalo may reap the benefits of electric scooters, they must also understand the associated crash risks.

Safety precautions Buffalo can learn from other cities

Electric scooters have become increasingly popular in cities across the United States and other parts of the world. With this growing popularity, many injuries have also been reported.

An article by Today points one incident in London involving a YouTube star, who did after her scooter collided with a truck.

In another incident, one person sustained a serious head injury in Austin, Texas while commuting to a Paul McCartney concert. There were reportedly no helmets on site and the scooter had a speed limit of 15 miles per hour. But the crash was caused by a defective brake.

The Today article also reports that injuries to the face and head tripled over the last decade. According to a study conducted by researchers at Rutgers University, there were approximately 2,325 incidents reported in 2008 involving electric scooter crashes. In 2018, that number was 6,957 incidents. In 66 percent of those incidents, riders weren’t wearing helmets.

Dr. Boris Paskhover, co-author of the study, explained what prompted him to conduct research on the dangers of electric scooters.

“Visit a city and you’ll see people whizzing by and none of them have protective headgear,” Paskhover said.

Regulation is key to safety

Since the rise of electric scooters, many states have begun establishing safety rules. For example, New Jersey now requires electric scooter riders under age 17 to wear helmets.

According to an article by EHS Today, helmets for electric scooters are free and available, but riders must request them through the app, pay shipping, and wait about a week for them to arrive.

Those who are using electric scooters on the fly or for the first time may not have the luxury of waiting for a helmet to arrive in the mail.

In order to remedy this problem, the EHS Today article suggests that companies establish central pickup and drop off locations, as opposed to allowing users to leave electric scooters anywhere on the street. In addition, scooters should be checked for defects by on-site employees and helmets and safety gear should be provided.

Until electric scooters become established in Buffalo, it’s important that residents and visitors consider the risks of using electric scooters and be prepared to ride safely. In the event of a crash, it’s important that you speak to an experienced attorney dedicated to holding negligent parties accountable.

To find out what your legal options are, contact the Law Offices of James Morris and set up a free case evaluation.

The consequences of distracted driving are obvious – accidents resulting in injuries, property damage or even death. Yet, people continue their unsafe behaviors.

According to Psychology Today, distracted drivers:

• Have reduced reaction times.
• Are less aware of their surroundings, including traffic signs, other vehicles and pedestrians.

According to a 2006 study by the National Highway Traffic Safety Administration (NHTSA), distracted drivers cause:

• 78 percent of all crashes
• 65 percent of near-crashes

More recent studies show one out of every six fatal crashes – 3,116 in 2017 – are connected to distracted driving.

A major contributor to distracted driving (spoiler alert) is cell phones. In addition to talking on their phones, drivers use them for navigation and other things (especially texting among younger drivers).

Why Can’t People Keep Their Minds and Eyes on the Road?

A study in Canadian Psychology examines some of the factors that lead drivers, especially younger motorists, to ignore the dangers of distracted driving:

• Attitude toward phone use: Young motorists often believe maintaining a presence on social media is worth the risk of unsafe driving.
• The illusion of control: Young drivers have unrealistic confidence in their ability to drive safely while engaging in distracting activities.
• Age: Older drivers have the benefit of more driving experience and, generally speaking, engage in safer driving practices, perhaps because cell phones are a new technology to them.
• Hands-free technology: Bluetooth, voice-recognition technology and other innovations give young drivers a false sense of security. The simple fact, supported by research, is that any distraction has a negative impact on safe driving.

Injured in a Distracted Driving Accident? Now is the Time to Speak to an Attorney.

A distracted driving accident changes your life for the worse in less time than it takes to place a call. You may be seriously injured, unable to work and provide for your family as growing medical bills threaten your way of life. The distracted driver who caused your accident is unlikely to accept responsibility and may even blame you. The legal system is a frustrating puzzle to the outsider. Then you have an insurance company trying to take advantage of your desperation by pressuring you into accepting a lowball financial settlement.

The Law Offices of James Morris can help you put your life back together. Serving Buffalo and western New York, their team has decades of experience handling cases just like yours. Personal injury lawyer James Morris and his staff will investigate your accident, handle all of the legalities and deal with insurance companies – taking them to court, if necessary, to win a financial settlement that covers all of your costs and brings you peace of mind.

Contact us today for a free case consultation.

We’ve been hearing about motorcycle crashes (some fatal) in Buffalo and the surrounding area recently. In June, a motorcyclist reportedly lost control of his bike and crashed near Genesee Street and Nevada Avenue. He was treated at a nearby hospital but later succumbed to his injuries. In the same month, another motorcyclist was critically injured in a crash in Niagara County.

We’ve heard about bicyclists and pedestrians being fatally struck. In one recent incident, a bicyclist was struck by an SUV in Kenmore and rushed to a nearby hospital. The bicyclist sustained injuries to the head, chest, and legs.

In May, a Tonawanda pedestrian was injured after being struck by a pickup truck making a turn, according to The Buffalo News.

Motorcyclists, pedestrians, and bicyclists – the most vulnerable road users

These are the most vulnerable road users in and around Buffalo. They don’t have the luxury of airbags, seatbelts, and a sturdy front end that can absorb the impact of a crash. You never see pedestrians walking around wearing protective gear.

At most, the helmets worn by bicyclists and motorcyclists may be effective at preventing severe head injuries, but both are still susceptible to broken bones, spinal injuries, lacerations, bruises, and abrasions.

According to the National Highway Traffic Safety Administration (NHTSA):

• Approximately 783 bicyclists were killed in crashes in 2017
• 5,977 pedestrians were killed in crashes
• 5,172 motorcyclists were killed in crashes

We’re in the midst of summer – a time of year when the streets are heavily occupied and the roads are shared by many. That’s why it’s important for drivers to practice caution, stay alert, and avoid speeding or aggressive driving.

Crash prevention

According to the NHTSA, a great way to prevent collisions is by simply understanding that motorcyclists, pedestrians, and bicyclists have the same right to the roads as drivers.

In addition, drivers should be aware that others using the road are smaller and often less visible. In order to prevent a crash from occurring, drivers should:

• Slow down and watch out for pedestrians in areas with heavy foot traffic.
• Maintain three feet distance when passing bicyclists on the side of the road.
• Keep a safe distance from motorcyclists and avoid driving too close behind.

If you’re a motorcyclists, pedestrian, or bicyclist who was injured in a crash due to a driver’s carelessness or reckless behavior, you should discuss your accident with an experienced Buffalo attorney as soon as possible.

Let the legal team at the Law Offices of James Morris fight to help maximize your compensation. Contact us today to learn more.

Cars are getting smarter each year. Many modern vehicles can warn drivers who are changing lanes that another vehicle is too close. Car makers are testing vehicles that can pilot themselves. Cars also have more features than ever to protect passengers, from airbags to adaptive cruise control and rear-view cameras.

Despite advances in technology, crashes continue to happen, and people continue to get seriously injured or killed in car accidents. In 2017, over 37,000 people died on roads and highways across the United States. A few years earlier, in 2011, about 32,000 people died. A recent Consumer Reports article raises the question: Why are there so many road deaths when cars are built to be safer than they’ve ever been?

Factors behind road fatalities

Some of the latest safety features include automatic emergency braking. Automakers are also beginning to install vehicle-to-vehicle (V2V) communications, which allow cars to “talk” to each other.

While their cars may be equipped with safety features, many drivers continue to make careless and reckless decisions while behind the wheel. Some of the factors behind fatalities in New York and elsewhere include:

• Drunk driving
• Distracted driving
• Speeding
• Reckless driving
• Running red lights or stop signs
• Driving while drowsy

Consumer Reports notes that poorly designed roads also have an impact on safety. A slight curve in the road can be deadly, especially during icy or snowy conditions. Some cities are looking at ways to redesign roadways. For example, New York City has made improvements to Queens Boulevard, making the road more pedestrian and bike friendly. After the boulevard was redesigned, fatalities dropped significantly.

Speed has been cited as a cause of deadly car accidents. Many states have been increasing – or are considering increasing – their speed limits on highways. One recent study found that every 5-mph increase in the speed limit leads to an increase in the number of road fatalities.

What to do after a car accident

Unfortunately, despite technological advances, drivers will continue to make poor choices. They may be distracted by a smart phone or they’re operating their vehicle under the influence of alcohol or drugs. If they cause an accident, they must be held accountable.

Accident victims might think they can handle an insurance claim on their own, especially if the other driver was at fault. Insurance companies for at-fault drivers often will push back against claims, however. They may argue that the injuries you suffered were minor or they may even suggest you were somehow at fault.

At the Law Offices of James Morris, we know all the arguments insurance companies make to keep their payments to a minimum or deny the claim. To get the justice you deserve, you need an experienced lawyer fighting for you. Contact us today to find out how we can make a meaningful difference.

Buffalo drivers are not immune to the growing epidemic of prescription opioid abuse. When a person under the influence of an opiate gets behind the wheel, everyone on the road is put in greater danger.

According to the results of a public investigation posted on the JAMA network, the use of prescription opioids by drivers is increasingly implicated as a contributory cause in fatal motor vehicle crashes.

The article states that in this study of 3,642 drivers involved in 18,321 fatal 2-vehicle crashes, prescription opioid use as indicated by toxicological testing results was associated with a significantly increased risk of crash initiation, due in large part to failure to keep in proper lane.

In the United States, motor vehicle crashes are the second leading cause of unintentional deaths. Drug overdose is the first.

Increase in drugged drivers

In the past two decades, prescription opioids have been detected in more than 7 percent of fatally injured drivers, up from just one percent prior to the onset of the epidemic in the mid-90s.

The study provides compelling evidence that driver use of prescription opioids may double the risk of fatal 2-vehicle crashes, independent of demographical characteristics, driving history, and alcohol use. This finding is generally consistent with previous studies. A recent meta-analysis found that prescription opioid use was associated with a 47 percent increased risk of crash initiation.

Stay in your lane

The study found drivers under the influence of prescription opioids often failed to stay in their proper lane. Failing to stay in their lane accounted for 54.7 percent of errors leading to 2-vehicle crashes by drivers that took prescription opioids, compared with 40.4 percent of errors by drivers not under the same influence.

Crossing the center lane was identified as being a particularly dangerous error.

Know the laws

Driving under the influence of drugs, such as opioids, is prohibited in every state. The study notes that currently, 16 states have zero-tolerance laws for all or select opioids, while Ohio and Nevada have per se laws that specify legal cutoff concentrations for some opioids. Variation in regulations across states is due in part to inadequate research and lack of consensus on prescription opioids and driving safety. To tackle the problem of driving under the influence of drugs, law enforcement personnel are increasingly using oral fluids for quick roadside tests to screen for marijuana, opioids, and other drugs.

If you are a New York driver who was injured in an accident and you suspect prescription opioids were a factor, one of the experienced Buffalo attorneys at the Law Offices of James Morris can help you navigate the laws and get the compensation you deserve.

Contact us today to learn more.

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. 

Head-on collisions in the greater Buffalo area rarely happen, but when they do, negligence is almost always a factor. Such crashes occur when another motorist crosses a center line or drives the wrong way.

That’s exactly what happened in October on Route 33 in Buffalo. Two people were hospitalized after one motorist, driving the wrong way, struck another motorist.

Head-on collisions are most likely to happen on rural roads with winding curves – much like the ones we have in Western New York. These accidents are commonly caused by:

• Drivers distracted by handheld devices and built-in vehicle features
• Drivers impaired by drugs, and/or alcohol
• Drivers who fall asleep at the wheel
• Passing other vehicles on single-lane roads
• Turning left with no regard for oncoming vehicles
• Slippery road conditions caused by snow and ice
• Limited visibility caused by dense fog, heavy rain, or nighttime driving
• Drivers who exceed the speed limit
• Mechanical factors including brake failure, loose wheels, steering defects, or tire blowouts

Severity increases with speed

According to The Car Crash Detective, you are more likely to sustain serious, or life-threatening injuries in a head-on collision when driving faster than 43 mph.

Many of today’s vehicles can absorb the impact and save your life in a collision at 40 mph. However, your front-end frame, seatbelt, and airbag can only do so much at higher speeds.

When two vehicles collide at 40 mph each, the force of impact is comparable to hitting a parked car at 80 mph. Even if you reduce your speed to 30 mph, if the car that hits you is traveling at 50 mph, the impact will still be severe.

Motorists who have survived head-on collisions still often sustain serious injuries. These include, but are not limited to:

• Broken bones
• Head trauma
• Facial injuries
• Whiplash and other spine injuries
• Damage to internal organs
• Lacerations
• Nerve damage
• Paralysis

Injured in a head-on collision? We can help!

A head-on collision can turn your life upside down in a split second. Your injuries may be severe enough to put you out of work for months and unable to engage in activities you enjoy. Even worse, the other driver’s insurance company may be reluctant to compensate your losses to the fullest extent.

That’s why you need an experienced Buffalo auto accident attorney in your corner. The legal team at the Law Offices of James Morris has decades of experience helping injured motorists maximize their compensation. To learn more, contact us today.