Philadelphia Car Accident Lawyer Blog

"Who Would Ever Think that You Could Get Into a Boating Accident While Traveling Down an Interstate Highway?" Asks Defective Trailer Lawyer

Thu, 10 May 2012 15:40:31 -0500

During the spring and summer holiday seasons, the last thing you think about when driving down the highways is being struck by a boat on a trailer that has become detached from the vehicle that is towing it.

Believe it or not, 15 states of our great country have no regulation for utility trailers, and each week, a number of people in our country will be catastrophically injured or killed when a trailer detaches from the vehicle towing it, which is generally caused by an amalgam of early preventable errors.

Consumer safety advocate Ron Melancon publishes a website known as www.dangeroustrailers.org and recently published a story noting that a Connecticut man traveling on Route 24 was driving down the highway when he saw a boat heading in a different direction. Unfortunately, a truck pulling a 19 ft. boat had lost its trailer as it became unattached from the truck whereupon the trailer lost control, crossed lanes of travel, and went through the guardrail before it came to a stop 30 feet before striking a tree. Unfortunately, accidents such as this are not as uncommon as one would think.

As I am writing this blog, I just learned of another accident in Vermont when a 1980 International truck driven on the highway lost its trailer after it became unhitched. This caused the trailer to cross into oncoming traffic and strike another vehicle, causing major damage.

For over three decades, the defective trailer accident lawyers of Reiff & Bily have been representing the interests of those catastrophically injured or killed in trailer accidents. Unfortunately, most states, including the Commonwealth of Pennsylvania, have very little regulations addressed with regard to trailers that are under 3,000 lbs. Many manufacturers allow the gross weight of the trailer to be just under the threshold so as not to be subject to any regulations. Trailer accidents are caused by mechanical failure, design defect limitations, metallurgical or component failure, hitch failure, and improper training of operator, lack of or improper maintenance procedures, loose cables, loose chains, and defective hitches. If you are going to tow a trailer, I recommend visiting the following websites: www.nhtsa.gov/cars/problems/equipment/towing, and www.trailersafety.com.

For more information on the dangers of improperly constructed, maintained, and unregulated trailers make sure to visit Ron Melancon’s website: www.dangeroustrailers.org.

Even Though You Have Health Insurance, After You Have Been In an Accident, Medical Costs Beyond the Insurance Limits and Copays May Prevent You From Getting the Medical Care You Need

Thu, 10 May 2012 11:47:50 -0500

Many of us have medical insurance provided by our employers and automobile insurance which is supposed to cover our medical expenses. Unfortunately, when a catastrophic accident occurs, the medical bills continue to pile up often beyond the insurance policy limits. Health insurance and medical benefits under the auto policy that you thought you had may not be sufficient to pay the rapidly accumulating costs.

Increasingly, many Americans are letting medical needs go untreated because they couldn’t afford the care even if they have insurance, according to a national study released on May 7, 2012. The study performed by the Robert Wood Johnson Foundation found that between 2000 and 2010, 15% of all adults in Pennsylvania cited cost as a reason for failing to address medical needs up from approximately 10% in 2000.

Access to health care is deteriorating for adults in virtually every state in the country according to the study’s author. Many times, the copays have risen for those who have insurance and more and more people continue to buy cheaper polices with minimal insurance or have no insurance at all. Even people with insurance, according to the study, had trouble handling the cost of health care with 11% of all insured adults across the United States and 9% of Pennsylvanians reporting unmet health needs.

As a Pennsylvania car accident catastrophic injury lawyer since 1979, I am often presented with scenarios of medical bills in the hundreds of thousands, if not millions of dollars, with a minimal med pay policy that doesn’t even make a dent on the payment of medical and rehabilitation expenses. In a case that I am currently working on, a gentleman was hospitalized for just short of two weeks and the medical bills are approaching $600,000 and there is only a minimal $5,000 med pay under the antiquated first party med pay insurance policy; a tragic situation indeed. Unfortunately, this scenario is not so uncommon and requires the skill and experience of lawyers who are familiar with navigating the health and catastrophic insurance web when you sustain a catastrophic injury caused by the negligence or fault of another or due to a defectively manufactured or designed product.

Unfortunately, the med pay insurance epidemic has reached a crisis; in my opinion, as well as the opinion of many other professionals. In the Commonwealth of Pennsylvania, approximately 1.1 million adults had a medical need in 2010 that was left unaddressed because of the cost of care, and uninsured and underinsured adults were 34% more likely than insured adults to have an unmet need due to cost in 2010. With rising healthcare costs and declining healthcare benefits and increased copays, you have to count your blessings every day if you are healthy, and if illness or catastrophe strikes, make sure that you contact an experienced personal injury lawyer familiar with the application of benefits and recovery in such cases.

Since 1979, the Pennsylvania catastrophic injury and car accident lawyers of Reiff & Bily have been advocates for consumer safety and have recovered millions of dollars of health benefits and economic benefits for their clients. We always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

Experienced Car Accident Attorney Warns that More Crashes and Fatalities Occur When Passengers Exit Disabled Cars on Highway or Street Shoulders

Tue, 08 May 2012 13:17:03 -0500

How many times do you drive down the highway and see a disabled vehicle with passengers outside of the car on the shoulder or partially on the roadway?

In the last few months, I have been contacted by the surviving family members of victims who were killed while they were standing or walking on the shoulders of a high traffic highways. Although highway shoulders were designed to provide space for emergency storage of a disabled vehicle, reduce the risk of harm to others while traveling on the highway, and prevent severe congestion, many times some of the most unimaginable catastrophic injuries and deaths occur in these so-called safety zones.

Each year, more and more people are killed in car or truck accidents on the shoulder of Pennsylvania interstates. Surprisingly, almost 13% of all interstate highway deaths are experienced by pedestrians in the roadway or standing on the shoulder. Of particular concern is when road conditions are wet and icy. We recently had the occasion to review a case where a victim was killed when struck by a vehicle traveling on an icy highway. The victim stopped his vehicle to avoid an accident from blocking the highway and moved to the side of the road with other passengers when a multi-vehicle collision occurred, striking the victim and his empty vehicle several times. There is no doubt that the victim’s fatal injuries would have been avoided had he remained in the protective zone of the vehicle.

Other times, pedestrian car accidents happen in the evening when drivers who may be fatigued see the lights of a vehicle stopped on the shoulder assuming that it is moving and in the right lane only after it is too late to properly bring the vehicle under control and stop in time.

I have been asked by clients, “What are you supposed to do if you have a flat tire?” and as an experienced Pennsylvania car accident attorney, I recommend driving to the nearest exit if at all possible, even though instinct will tell you to stop as quickly as possible and change the tire. The worse that can happen is that you may ruin a wheel or rim which can cost anywhere from $50 to $200. However, it is better to be safe and risk wheel damage.

If you have to pull over on the shoulder of a road, pull as far off the road as possible and stay on the protective side of the vehicle, most likely the right side. Place yourself as far away from the active lane of travel and as quickly as possible, make sure that you and your vehicle are visible. If you have flares, use them. If you have emergency hazard lights, put them on.

For over 30 years, the catastrophic automobile accident lawyers of Reiff & Bily work to protect the rights of Pennsylvania residents injured in a car accident whether as a pedestrian, passenger, or driver. We always offer a free no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

What is the Role of Physics in Many Minimal Impact Car and Amusement Accident Cases?

Mon, 07 May 2012 10:04:18 -0500

In any contested injury case, the burden is on the plaintiff and plaintiff’s attorney to establish a causal relationship between the accident-related trauma and resulting injuries. No doubt, the defense will attempt to show there is no relationship, or in the best case scenario, minimize the relationship between the trauma and injury.

In legal cases where the damage to the vehicle appears to be minor, or in the case of an amusement park accident where there may be no physical damage to the ride itself, an accident crash re-constructionist may be retained as a consultant in forensic trauma reconstruction and epidemiology. The job of the expert will be to investigate and analyze the accident and resulting injuries.

Many times, defendants will retain what I like to call “painted lady” experts to provide a bio-mechanical analysis which I often find is based on junk science. In car crash cases, defendants will often claim or characterize the impact to be at a low speed or minor impact that does not represent a mechanism severe enough to cause the injuries claimed by the plaintiff. Most of the time, the methodology used by a defense expert is based upon pure speculation.

Through careful analysis, we have worked with experienced forensic technical and medical experts to reveal the fabrication of the methodology used by defense experts as they attempt to demonstrate to juries that it was improbable for the defendant to have been injured as claimed in the accident.

Many insurance company’s defense lawyers focus on the mass of people rather than the individual client and attempt to mislead the finders of fact with statistical analysis and finding that has no bearing in truth on the case at hand. Many times, the scientific methods used by defendants’ experts in minimal impact cases ignore scientific and legal standards for assessing causation as they make almost slanderous comments and false citations to unrelated irrelevant literature, statistics, and misapplication of physics.

A skilled personal injury lawyer with experience in the field of minimal impact automobile accidents and trauma sustained by minimal impact accidents will understand how to attack the methodology and conclusions of the professional defense experts and will demonstrate how their findings can be contradicted by the medical evidence of qualified, experienced, and unbiased physicians who have treated and evaluated the client since the accident.

Unfortunately, many experts attempt to misuse biomechanics and epidemiologic principles in a forensic setting to disprove or cast out on the cause of medically observed and diagnosed injury, and generally, if we consider the deep pockets paying for this testimony, you can understand why. Most of the time, you find that the methodology used by defense experts are not used in any setting outside of the highly compensated defense presentations in crash injury or amusement park litigation as a means of determining injury and probability after the fact. Most government, industry, and academic settings of bio-mechanical engineering and physical principles used to explain injuries cannot explain them away.

Philadelphia Car Accident Attorney Weighs in On Why Summer Driving May Be Deadlier Than Winter Driving

Thu, 03 May 2012 14:54:06 -0500

Studies indicate that more fatal auto accidents occur throughout America in the summer rather than winter. Normally, one would think that winter, with its icy roads and hazardous conditions, would be the most dangerous season for motorists.

The spike in spring/summer car accident fatalities is due to many factors; the first being three major holidays: Memorial Day, 4th of July, and Labor Day. These holidays all bring an extraordinary amount of drivers on the roads and a disproportionate amount of fatalities.

In the winter, people tend to cocoon and drive more cautiously by self-regulation on roadways due to inclement weather and noticeably hazardous conditions. In the summer, roadway surfaces tend to heat up and oil embedded in the roadway tends to rise to the surface, and when mixed with moisture from rain or humidity, causes an often invisible slick surface top. Additionally, heated roads in hot weather can cause tires to overinflate and if defectively constructed or maintained, cause tire failure by virtue of delamination. This situation can often lead to the loss of control of a vehicle or vehicle rollover.

According to a study, 29% of men admit to being distracted by women’s summer attire and even more distracted by cell phones, loud music, texting, and of course, driving while under the influence. Studies further indicate that men are more prone to road rage and aggressive driving patterns during hot months and are consistently in more fatal crashes than females, with young males accounting for the highest accident and fatality risks. In the summer months, more cyclists and motorcyclists are on the highways, and proportionately, their injuries are more severe and often fatal.

Since National Highway Traffic Safety Administration (NHTSA) statistics reveal that more accidents occur in normal summer weather during daylight than any other time of the year including rain, snow, sleet, dawn, dusk, or night time, the Philadelphia car crash lawyers at Reiff & Bily are advising drivers not to be seduced by the dangerous façade of assumed highway safety during the summer.

What Happens if Your Insurance Company Gets You to Settle Your Personal Injury Claim Without Proper Legal Representation for a Fraction of Its Value a Day or a Few Days After the Accident?

Tue, 01 May 2012 10:03:08 -0500

Recently, a colleague of mine was consulted by the victim of a car accident who signed a Release directly with the insurance carrier one day after the car accident for approximately 1.5% of the actual worth of the case. The client who was just a year above majority age suffered a closed head injury.

After 30 years of experience as a catastrophic injury lawyer, I remember one of my first cases where a wonderfully polite and kind elderly Italian woman was visited by a claims agent of an insurance company who brought her cake and then wanted to discuss settlement of her claim. My client called me after a two hour meeting with this gentleman and told me that he was the nicest man and that she in fact cooked him spaghetti and meatballs for lunch and that he generously offered her $200 if she signed a piece of paper which turned out to be a Release.

After handling thousands of cases, I recognized the insurance company’s greatest expense is what it pays out in claims and is greatly incentivized to settle claims early and cheaply in order to generate a higher and more profitable bottom line.

In fact, the policyholders and insurance companies compete for the same dollars. The Pennsylvania Supreme Court recognized in that such a situation, many factors must be considered in determining whether the victim or plaintiff had an intelligent understanding of whether he or she may have been deceived as to the contents of the documents which were signed. Among these factors where the physical and mental condition of the plaintiff, the circumstances of which the Release was obtained, the amount paid in the Release, and how soon after the accident the Release was given.

Today many insurance companies routinely and systematically deny payments of claims unless they can be settled early for a fraction of the full value. Insurance companies and their adjusters are incentivized to lowball their customers and claimants in order to increase profits.

Now more than ever, if you are involved in a motor vehicle accident and have a valid claim, you should seek the services of experienced Pennsylvania car accident attorneys so that your rights are fully protected. Chances are that the insurance company does not have your best interests at heart.

What Are the Rights of Pedestrians While Walking On Roadways in Pennsylvania?

Fri, 27 Apr 2012 10:45:08 -0500

My wife jogs approximately 5 miles every morning in a suburban area where there are limited shoulders or pavements. Every day I tell her that I am worried about her and that there is an accident waiting to happen.

Unfortunately, over the three decades I have been practicing catastrophic injury and car accidents law in Pennsylvania, I have been contacted by the families of pedestrians who were killed while walking adjacent to the roadway due to the negligence of another. Every day, many children walk to school and it is important to have proper sidewalks, curb cuts, and other roadway improvements to enable safe pedestrian and driver behavior.

More than 12% of all pedestrian fatalities occur on road shoulders. 88% of the fatalities occur after dark with more than half on non-lighted highway sections, and about 1/3 of all fatally injured pedestrians have been drinking. Add driver distraction due to cell phones in the mix, and the driver is 4 times more likely to get into a serious crash.

Pennsylvania has definitive rules to protect pedestrians, but keep in mind that pedestrians must also observe rules of the road to protect themselves. When traffic controls are not in place, or not in operation, the driver of the vehicle shall yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. A pedestrian should always keep in mind that they must walk defensively and that drivers may not see them.

If pedestrians are not within a crosswalk, Pennsylvania law states that they are not to suddenly step off a curb or sidewalk and run into the path of an oncoming vehicle, and the pedestrian is empowered with the responsibility to make sure oncoming traffic is still at a safe distance to be able to make a safe and complete stop. If there is a sidewalk in place, pedestrians are required to make use of the sidewalk and are not permitted to walk on the adjacent roadway. When a sidewalk is not available, any pedestrian walking along the roadway must remain on the shoulder as far as possible from the edge of the roadway and must yield the right-of-right to all vehicles on the roadway. Typically, at least 4 feet is suggested. This imposes the burden of safety on the pedestrian when walking along the roadway. However, motorists must still exercise due care to protect the pedestrian.

A common sense reminder is that both pedestrians and operators of motor vehicles may be distracted in our age of cell phone usage and we must all exercise due care when operating our vehicles or walking or jogging on roadways.

Pennsylvania personal injury and car accident lawyer Jeffrey M. Reiff has litigated automobile pedestrian car accident cases throughout Pennsylvania for over three decades.

Do Distracted Drivers Injure and Kill Others? You Bet They Do! Scary Distracted Driver Facts

Thu, 26 Apr 2012 10:42:22 -0500

While we all know that distracted driving is dangerous, the following statistics from distraction.gov and other government websites that discuss distracted driving illustrate just how much it can lead to tragic circumstances including catastrophic injury and death.

80% of drivers admit to hazardous behaviors such as texting, changing clothes, steering with the knee, having a pet on their lap, painting nails, and yes, even shaving;
Using handheld devices makes you four times more likely to get into a serious crash;
16% of all fatal crashes in 2009 involved distracted driving;
Distracted driving causes 5,000 plus deaths and 450,000 injury producing accidents each year;
You are more than 23 times more likely to crash if you text while driving;
Driving while using a cell phone reduces brain activity associated with driving by 37%;
Sending/receiving texts takes the drivers eyes off the road for an average of 4.6 seconds;
Driving distracted or while using a cell phone creates the same reaction as having a blood alcohol content of 0.08% or intoxicated;
Wireless devices are the number one source of driver inattention.

In just one second or in the blink of an eye, your life can be changed forever. That’s just how long it takes to get into a distracted driving accident. Admit it; many times you are a distracted driver?

$11.98 Million Dollars Awarded by Jury after Landscaper Suffers Leg Amputation Caused by Motorist Hitting Sign in Roadway

Wed, 25 Apr 2012 12:58:36 -0500

A New York jury awarded $11.98 million dollars to a landscaper who had parked his truck in a cross hatched area in the middle of a two lane roadway and thereafter placed a “men working” sign on the back of the trailer. A passing motorist hit the sign which then struck the landscaper and pinned him to his truck, requiring an above the knee amputation of his left leg, brain damage, and disfiguring injuries to his right leg.

He underwent five surgeries and incurred approximately $278,000.00 in medical expenses. The victim then filed a suit against the driver who struck the sign alleging that she had been speeding, failed to keep a proper lookout, and failed to avoid an accident.

Under the laws of the state where the victim was working, he was barred from suing his employer under state workers’ compensation laws, but he did assert that his employer failed to provide a safe work environment and negligently instructed its workers to park illegally and use the sign that did not conform to standards set forth in the manual and uniform traffic control devices. The striking driver impeded the employer based upon these assertions.

As this incident demonstrates, auto accidents throughout the country can occur on-the-job and in a matter of seconds. Due to the complex nature of a motor vehicle crash taking place while an individual is working, contacting a knowledgeable car accident lawyer in Pennsylvania is essential in ensuring that every possible legal avenue is explored to win full and just compensation.

The Host and the Underage Guests: Pennsylvania Social Host Liability

Mon, 23 Apr 2012 15:04:31 -0500

High school proms and graduations are some of the most exciting times in a teenager’s life. However, with prom celebrations often come peer pressure for teens to let loose and partake in the consumption of alcohol and god knows what else?

If you intend to host a high school prom or graduation party this spring, it’s important that you understand Pennsylvania’s social host liability laws. Each year, as a Philadelphia car accident attorney, I receive a number of phone calls from distraught parents whose underage son or daughter was seriously injured, and in the worst cases, killed, as a result of a social host providing alcohol to underage guests.

A “host” or “social host” refers to a person or persons, including businesses and organizations, who hosts a social gathering. In Pennsylvania, it is illegal for a host to serve or provide alcohol to anyone under the age of 21, even if the hosts are parents serving alcohol to their own children.

Section 6310.1 of the Pennsylvania criminal code states: A person commits a misdemeanor of the third degree if he or she intentionally and knowingly sells or intentionally and knowingly furnishes any liquor or malt or brewed beverages to a person who is less than 21 years of age. (To furnish means to supply, give or provide to, or allow a minor to possess on a premises or property owned or controlled by the person charged.) Pennsylvania law additionally states that a social host who knowingly serves alcohol to a minor can be held liable for injuries to a third party proximately resulting from the minor guest's intoxication.

What this means is that if a parent or host serves alcohol to a minor, and the minor subsequently injures himself or someone else, the parent or host may be held responsible for the injuries.

Underage drinking results in devastating and life-changing consequences to teens, their families, and those seriously injured in an accident involving intoxicated minors.

Since 1979, the alcohol related injury and Philadelphia car accident lawyers of Reiff and Bily have successfully represented the victims of drunk driving car accidents and those who have suffered serious injury or death as a result of an intoxicated individual. The experienced Philadelphia car accident law firm of Reiff & Bily have the knowledge and personal experience necessary to investigate PA drunk driving accidents and hold owners, social hosts, and individuals responsible for the injuries or deaths caused by drunk drivers. If you or a loved one has been killed or injured as a result of a drunk driving accident, please feel free to contact us for a free, no obligation consultation at (800) 421-9595 or online at www.reiffandbily.com.

As an Avid Cyclist and Bicycle Accident Attorney Who Saluted New Legislation Designed to Protect Bicyclists, I am Still a Bit Crazed

Thu, 19 Apr 2012 11:28:49 -0500

I have been an avid bicyclist for over 50 years and recently welcomed Pennsylvania’s safe passing law which requires all motor vehicles to have a four foot clearance when passing a bicyclist in Pennsylvania. Today when I was driving adjacent to a bicycle lane specifically designed for bicycles, a truck driving at a high speed in the bicycle lane in the presence of a police officer proved many motorists are basically ignorant of the rights of bicyclists on Pennsylvania roadways. When the safe passing law was passed, I cautioned that without proper enforcement by law enforcement officials, the legislation would have no teeth.

The day after the law passed, I had a conversation with an experienced cyclist and cycling instructor who was struck by a hit-and-run driver while traveling in the designated bike lane. The entire event was caught on film by a passing bus.

It is important to understand that a majority of drivers admit to being distracted. 80 percent of drivers surveyed admit to hazardous behavior such as texting or talking on cell phones, not to mention other distracting obstacles. If you are riding a bicycle in Philadelphia, it is more important to drive defensively and watch for cars than one can imagine. Cyclists, just like motorists, must obey traffic signals including, but not limited to, red lights and stop signs. Many times cyclists are plugged into their iPods and cannot hear the beep of a horn.

As a Philadelphia bicycle accident lawyer who has aggressively represented bicycle accident victims who have been catastrophically injured or killed in bicycle accidents for over three decades, we know that it is possible for motorcyclists and bicyclists to co-exist peacefully on the roads, and as the growing number of cyclists increases with warm weather, motorists continue to ignore cyclists - a sure recipe for danger and injury that exists without proper enforcement of the newly passed laws.

If you are driving a car or motor vehicle, be careful and have greater respect for bicyclists on the roadway and pay heed to the four foot clearance required when passing a bicyclist under Pennsylvania’s new Safe Passing law.

The Pennsylvania bicycle accident law firm of Reiff and Bily are committed to bicyclist safety and always offer a free, no obligation consultation for those injured in bicycle accidents caused by the fault of another or due to defectively designed bicycles or bicycle components. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When a Child Turns 18, They Want the Car Keys, but at What Age Do You Take the Keys Away?

Tue, 17 Apr 2012 19:06:05 -0500

For over three decades, our law firm has handled tens of thousands of car accident cases, and unfortunately, many of them involve people who frankly should not be driving.

In order to drive safely, one must possess proper vision (with or without correction), reflexes, and cognitive abilities. While many individuals do not possess a great impairment of these physiological functions, unfortunately, others suffer from a loss of faculties that make them unsafe drivers on the highways. No one wants to admit that Mom or Dad or a loved one is failing in mental or physical capacities, yet many times the undisputed truth is that they may be dangerous to themselves or others if they are put behind the wheel of a motor vehicle.

I am currently dealing with a situation involving a dear family member. His spouse and children think that it is okay for him to drive a motor vehicle. Yet, spending an hour or two with this person would make most objective and rational people feel quite opposite.

Many times our elderly loved ones don’t want to become a burden on their children or friends and don’t know when it’s time to turn over the keys to their car until it’s too late and their health or the well-being of another via a car accident is impacted.

Although each state has a required age to start driving, there are no rules and regulations that pronounce at what age driving becomes unsafe. All it takes is a postage stamp or email for a senior citizen to renew their driver’s license.

As an experienced Philadelphia car accident attorney, I would like to see laws with a shorter time period between the renewals of driver’s licenses for those over the age of 70 or some other benchmark age and should include vision and road testing.

Interestingly, the insurance industry is reluctant to comment on how or if aging impacts premiums. However, I recently reviewed one statistic where fatal crashes involving the elderly normally occur after age 60. With advances in medical technology and science, people will be living longer and I urge all of our readers to observe your loved ones carefully for signals that may impact their safety on the roadways. Don’t wait until there is a car accident or death.

If You Were Injured By a Defective Airbag in a Car Accident, Make Sure You Choose a Lawyer Who Has Airbag Defect Experience

Fri, 13 Apr 2012 17:50:59 -0500

Many times, I receive calls from clients and attorneys who are involved in the litigation of airbag non-deployment and over-aggressive airbag cases. Many attorneys without substantial airbag defect experience incorrectly assume that just because the airbag did not deploy or deployed over-aggressively, there is an excellent product liability case. However, many non-deployment airbag cases are unable to be proven for several reasons. In order to be successful in handling a defective airbag case, the injuries must be serious enough to justify the considerable costs for independent experts and investigators necessary to successfully prosecute a successful claim against an automaker and supplier.

Most airbag defect cases are fiercely litigated and rarely settle. They require extensive expertise from the lawyers and experts interpreting, exploring, and investigating the case, and there may also be excellent reasons for non-deployment of an airbag.

If you have been involved in a car accident involving a defective airbag, you must preserve the evidence carefully and make sure that the vehicle is not repaired prior to getting any data from the airbag CPU. Normally CPU’s loop data recording and data is overwritten. When the airbag deploys, the event is written permanently. There may be good reasons that the airbag did not deploy except when necessary. All potential responsible defendants and their respective insurance carriers must be sent a non-spoliation of evidence letter.

Airbag deployment can cause serious injuries or death if the airbag deploys when the occupant is in the proper zone of inflation. Cases worth considering for defective airbags with over-aggressive or non-deployment of the airbag involve a belted occupant who has an injury severe enough to warrant significant expenditures to successfully prosecute the claim. Some of the injuries that should be considered by the client and practitioners prior to prosecution of an airbag defect claim are severe head injuries, brain injuries, cervical fractures, paralysis, death, and loss of vision; injuries that a proper deployment is designed to prevent. Many times, we are called upon to evaluate airbag defect cases where the injuries are minor and only involve burns or minimal scarring and we must respectfully decline to prosecute these airbag defect claims.

The burden of proof in an airbag defect case requires being able to causally connect the injuries to the defect, which can be quite time consuming and expensive for the practicing attorney, thereby necessitating injuries serious enough to warrant proper pursuit of the legal cause of action. Airbag cases require careful reconstruction and a trace back from the airbag sensors to see what went wrong and identify the specific airbag defect. Without evidence to analyze, successful prosecution of the case will be very difficult, if not impossible.

The Pennsylvania airbag defect lawyers of Reiff and Bily understand airbag defects and always offer a free, no obligation consultation to those involved in an accident involving a catastrophic non-deployment and over-aggressive deployment of an airbag. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Do Not Let a Lawyer Scare You into Settling Your Case

Wed, 11 Apr 2012 13:03:52 -0500

Who is at fault when you are injured by a negligent third party and in the course of medical treatment, under the direct care of a doctor, sustain further injuries? The Supreme Court of Pennsylvania answered this question in Thompson v. Fox, 326 Pa. 209 (1937). The court’s decision is now prominent and important law in the state of Pennsylvania.

The plaintiff (Thompson) in the case was hit by a car and immediately taken to the hospital where he was treated for a fractured neck. Thompson was out of work and in the hospital for over a year, had excessive medical bills, and suffered great amounts of pain. Two years after the accident, Thompson’s attorney settled his case.

A year later, Thompson, getting worse, tried to bring an action for medical malpractice against the doctor who treated him. Thompson claimed that the doctor carelessly and improperly treated his fracture and did not act within surgical and medical standards.

The court decided that whether the doctor had acted negligently was of no concern. Because Thompson had already settled his claim and received compensation for the injuries he sustained in the car accident, Thompson could not seek damages from his doctor. The court declared a “new rule” for Pennsylvania, which has been adopted by the Restatement (Second) of Torts § 457 (1965).

If the negligent actor is liable for another's bodily injury, he is also subject to liability for any additional bodily harm resulting from normal efforts of third persons in rendering aid which the other's injury reasonably requires, irrespective of whether such acts are done in a proper or a negligent manner.

Because Thompson’s attorney settled without including injuries caused by the doctor, Thompson was unable to recover for the doctor’s mistakes after the fact. The court noted that doctors are human and they make mistakes. But, when a doctor’s mistakes are made in the course of treatment for a condition that was caused by another’s act, any further damage the doctor caused is considered, in law, as an incident of the original injury. Once you or your attorney elect to settle your claim, the case is over.

When a personal injury lawyer in PA is retained to represent a victim and their family after a catastrophic injury or car accidents has occurred, it is important that the lawyer and the client communicate and make all major decisions potentially impacting the outcome together. It is important that the attorney communicate realistic ideas about the value of the client’s case and their prospects of success.

The experienced Philadelphia car accident lawyers of Reiff & Bily have been litigating legal claims on behalf of injured clients involving car accidents since 1979 and we always carefully explain the elements and issues of each case to all of our clients. Years of experience not only benefits the client, but also serves as an advantage when dealing or negotiating with insurance companies and defense attorneys who understand the character traits and integrity standards maintained by a particular lawyer or law firm.

Pennsylvania Bicyclist and Cycling Accident Lawyer Hopes that New Law Relating to Wider Berth for Cyclists Will Be Enforced

Tue, 10 Apr 2012 17:30:49 -0500

In the spring and summer, a bicycle is my favorite means of transportation and exercise. Over the last 45 years, I have had my share of bicycle accidents, and as a Pennsylvania bicycle accident attorney, I have represented many bicycle accident victims who were not so lucky when they were struck by vehicles ignorant of their rights on the streets of Pennsylvania.

For years, I have been calling for a law in Pennsylvania requiring greater clearance between cars and bicyclists on the highways. Although Pennsylvania has designated bike lanes, seemingly many cars do not pay attention to the same. Thankfully, Pennsylvania legislators and lawmakers passed a new law requiring cars and trucks to give at least four feet of clearance when passing a cyclist. This law is in effect in 20 other states. However, as an experienced attorney who is also an avid bicyclist, I am concerned that many drivers will not pay attention to the law and that enforcement without strict regulations and teeth will occur.

Just last year, I handled a case where a 7-year old young boy was struck riding his bicycle in the bicycle lane by a prominent religious official who was not paying attention to the bicycle lane. The police arrived and there were no tickets issued or consequences for the striking vehicle. It is one thing to create laws, but another thing to enforce them.

If you or a loved one has been involved in a bike crash in Philadelphia, you may want to consider contacting an avid bicyclist who has also been a bicycle accident attorney for the last three decades. Our record of success speaks for itself and we are committed to consumer and bicycle safety.