Philadelphia Car Accident Lawyer Blog

As an experienced Pennsylvania rollover lawyer who has investigated all too many accidents involving minivans and 15 passenger vans, I was sorry to learn of another catastrophic accident involving the tragic death of 5-year-old boy killed in yesterday’s horrific crash on the Pennsylvania Turnpike at milepost 303 in West Nantmeal Township, Pa. shortly after 4 p.m. This accident involved a Chrysler van which has a history of accidents/rollovers due to what we feel is an unstable design caused by a high center of gravity when fully loaded. This alleged design defect often results in an unstable vehicle in an accident avoidance maneuver, or if tire problem occurs. Our extensive research has revealed that the manufacturer knew about such defects. Yet they continue to sell these defective vehicles putting profits over safety, despite a minimal expenditure to fix the defect. Our hearts and prayers go out to those who were injured and died in this easily preventable accident.

If you or a loved one has suffered catastrophic injuries or wrongful death due to an SUV or van rollover, please contact one of our experienced Pennsylvania van rollover attorneys for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Quite simply, common sense dictates that summertime is a time for fun and relaxation. People take vacations in their car and with school out of session many times there are more young, inexperienced drivers behind the wheel adding to the risk of car accidents. If we add to the equation unlawful drinking, texting, phoning, and the additional presence of more bicyclists, pedestrians, and highway construction projects, the risk of having a catastrophic car accident is increased substantially. Summertime means road trips.

At the experienced Philadelphia car accident law firm of Reiff and Bily, we have been representing catastrophically injured victims and those unfortunately killed due to the negligence of others as a result of car accidents. Our lawyers and experts have noticed a trend that summer weekends are the deadliest time for car accidents, a finding which is corroborated by research from the Insurance Institute for Highway Safety.

AAA has created a top ten driving mistakes list that could lead to a serious or fatal car accident along with tips on how to avoid them.

1. Risk taking – believing that you won’t be involved in a car accident.

2. Overconfidence – thinking you already know how to handle any risky situation.

3. Giving in to peer pressure - failing to speak up about dangerous driving behaviors.

4. Not wearing a seat belt.

5. Speeding.

6. Having too many passengers in the vehicle.

7. Driving distracted by cell phones.

8. Adjusting the radio or CD player especially for new drivers.

9. Late night cruising.

10. Driving under the influence of drugs or alcohol.

For more information see the article “Teen Driver Risks In High Gear Over Summer”, USA Today, June 21, 2010.

If you or loved one has been involved in a Pennsylvania car accident, please feel free to contact one of our experienced Pennsylvania car accident attorneys for a free no obligation consultation. Of course, the best Pennsylvania car accident attorneys will always offer a free no obligation consultation and a no recovery, no fee guarantee.

As an experienced Philadelphia car accident attorney who has handled a multitude of closed head trauma and brain injury cases since 1979, I have worked with many neuro-psychiatrists, neurologists, and cognitive specialists to investigate and evaluate cognitive dysfunctions resulting from head trauma.

Concussions and resulting neuropsychological symptoms have been increasingly in the public eye due to injuries caused by IED’s in Iraqi and other military situations. In most cases, concussion symptoms will occur within the first 7 to 10 days after an accident and generally will gradually diminish over a 3 to 4 month period. However, approximately 20% maintain symptoms that last beyond a year or more. Most concussion symptoms include headaches, dizziness, fatigue, irritability, argumentativeness, stubbornness, paranoia, anxiety, insomnia, loss of concentration and memory, nausea, light sensitivity, and emotional outbursts.

Continue reading "A Head Injury in a Car Accident Can Cause Structural Damage to the Brain or Disruption of Neurotransmitter Systems" »

Since 1788, “Philadelphia lawyer” has been a term often used to describe a lawyer who knows the most detailed and minute points of law or is an exceptionally competent lawyer. Philadelphia-based colonial American lawyer, Andrew Hamilton, a lawyer best known for his legal victory on behalf of printer and newspaper publisher John Peter Zenger is believed to have been the inspiration behind the term “Philadelphia lawyer.”

As an experienced Pennsylvania serious injury and Pennsylvania car accident lawyer who has traveled around the world on professional business for the last 31 years, people are always impressed when I tell them with pride that I am a Philadelphia lawyer. I am repeatedly told that in many people’s opinions the best lawyers come from Philadelphia. While this may be a generalization, I can honestly state that I am very proud to be a Philadelphia trial lawyer committed to achieving justice since 1979. Many people may say that trial lawyers such as myself are greedy and I freely admit that yes I am greedy, “greedy for justice.” Justice is a virtue that assigns to every person who sustains a catastrophic injury or death their due and protection of their rights which is in the greatest interest of every man and woman on earth.

I know that from practicing personal injury law for over three decades that lives can change completely in a tragic instant. A severe and catastrophic personal injury brings life altering financial, emotional, and personal pressures upon one that seems insurmountable. The catastrophic injury or loss of a loved one forever changes one’s family dynamic and outlook and therefore, it is important that the client be guided by a committed Philadelphia lawyer with genuine compassion and skilled legal guidance and experience to navigate the sudden obstacles of an already complicated life.

At the Philadelphia serious injury law firm of Reiff and Bily our track record of success in complex high stakes injury and wrongful death cases speaks for itself. And yes, we are proud to be Philadelphia trial lawyers offering clients in Pennsylvania what we consider to be the best legal services when they need it most.

31-year old John Paul Endicott was killed on Wednesday, July 7th when his motor scooter traveling on Broad Street was struck by an SUV making a left hand turn. Mr. Endicott was southbound on Broad Street at approximately 8:35 a.m. when a 29-year old woman behind the wheel of a 1999 Ford SUV made a left turn onto Susquehanna Avenue from the northbound lanes of Broad Street hitting the scooter. The victim was pronounced dead at 9:08 a.m. at Temple University Hospital.

As an experienced Philadelphia motorcycle and car accident lawyer, this case is nearly identical to a case that paralyzed a dear friend of mine almost 30 years ago when I started practicing law. The facts of this case spotlight that vehicles breaking traffic laws often pose the greatest danger and threats to innocent motorcyclists. The law of Pennsylvania states that vehicles making a left hand turn must yield the right of way to oncoming vehicles. In this case according to the initial investigation, the 29-year old operator of the 1999 Ford SUV was traveling in the northbound lanes of Broad Street and made a left hand turn onto Susquehanna Avenue by intersecting the southbound lanes, failing to yield the right of way. Although an investigation by the police is underway and no charges have been filed, it appears to this experienced Pennsylvania motorcycle and car accident lawyer that the driver of the vehicle making a left hand turn may have been at fault for failing to yield the right of way and failing to notice the motorcycle. It is not clear why she made the left hand turn into oncoming traffic and I question whether or not she was impaired or distracted. Was she inattentive driving recklessly or negligently? Was there any dangerous condition on the street which may have contributed to this collision? Was she texting or chatting on a cell phone? I trust that city officials and police will be closely examining these and other facts to determine how and why this collision occurred.

The family of the victim would be well advised to contact an experienced Pennsylvania car accident and motorcycle accident lawyer to analyze all facets of this crash to insure that the negligent parties are held fully responsible. The best motorcycle accident law firms will always offer a free consultation and comprehensive claim evaluation to victims and their families. At the Philadelphia motorcycle accident law firm of Reiff and Bily, we believe that motorists should be “extra conscious” while operating a vehicle particularly in the summer while motorcycles are about on our streets and highways. Please contact us for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

When it comes time to representing clients in Pennsylvania personal injury and Pennsylvania car accident cases, the communication between the lawyer and his client should be seamless. If it is not, clients suffer. Ineffective communication by and between a client and their lawyer is one of the most frequently cited causes of client dissatisfaction and poor results. The more complex the client’s case, the more likely it is that there will be an error in communication. All Pennsylvania lawyers are bound by the Rules of Professional Conduct and lawyers as representatives of clients are officers of the court and have a special responsibility for the quality of justice. A Pennsylvania lawyer must provide you with an informed understanding of your legal rights and obligations, as well as their practical implications.

The laws require the lawyer to maintain communication with a client concerning representation in a competent, prompt, and diligent manner. Unfortunately difficult ethical problems arise from a conflict between a lawyer’s responsibility to his clients and the system. Rule 1.4 of the Pennsylvania Rules for Disciplinary Enforcement state that with regard to attorney/client communications:

(a) a Pennsylvania lawyer shall:

(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required;

(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information;

(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or law.

(b) A Pennsylvania lawyer shall explain the matter to the extent reasonably necessary to permit the client to make informed decisions regarding representation.

Reasonable communication between the Pennsylvania lawyer and his or her client is necessary for the client to effectively participate in representation. At the Pennsylvania car accident and catastrophic personal injury law firm of Reiff and Bily, we believe that the client comes first and all phone calls must be returned within 24 hours and we regularly meet with our clients to keep them informed of the status of their case. If this is not being done, there is a serious chance that an error can occur and the client will not be protected to maximum of our legal abilities. If you are involved in a significant Pennsylvania injury case or Pennsylvania car accident case, you should insist on regular conversations and meetings with your lawyer as “you get one bite at the apple” in the litigation process and chance favors the prepared man.

If you or a loved one has been involved in a catastrophic injury or Pennsylvania car accident, please contact one of our lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Many times after a Pennsylvania car accident, a client will come to my office claiming that his insurance agent told him that he purchased “full coverage.” When I review the policy or contact the agent, unfortunately many times the insured has not purchased “full tort” coverage and claims that the difference between full tort and limited tort insurance coverage was not explained to him by his agent. Representation by an insurance company or agent that you are getting “full coverage” does not necessarily mean that you actually have full coverage when you are in a car accident. Many times insurance companies pay their agents a higher commission and have other incentives for selling a limited tort policy instead of a full tort policy which provides minimal coverage. Customers often purchase insurance from the agent and are told they have “full coverage” and they are many times presented with waivers that they never read listening to the insurance agent’s sales pitch claiming they are buying “full coverage” but “limited tort.”

When you purchase a limited tort policy, you give up the right to receive compensation for pain and suffering if you are injured in a car accident in Pennsylvania. Pennsylvania car accidents can lead to injuries and long-term disabilities that last for months and even years and until you are in an accident, you may not recognize the pain and suffering that you will go through. People unfamiliar with limited vs. full tort threshold chose limited tort basically because the insurance agent tells them it will save them a few dollars which is really only approximately 10 to 15% on the premium or they feel that they will never be injured in an automobile accident. If you buy limited tort insurance, you sacrifice full protection for you and your family members who are covered under your insurance policy. Limited tort puts you and your family at risk in your own car but even applies when you or your children are injured as passengers in someone else’s car or as a pedestrian. Of course there are exceptions to limited tort but they are strictly interpreted against the insured. If you purchase full coverage insurance, which many people mistake as full tort coverage – beware of the consequences.

If you would like a free insurance policy review, please contact one of our experienced Philadelphia car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com for a no obligation, no fee consultation.

Five Killed In Motorcycle Accident! These are headlines, that have every motorcycle enthusiast observing a moment of thought, prayer, compassion, and sorrow for the victims and the families involved in yesterdays Penn Township, Pennsylvania tragedy. Sunday’s accident on Route 72 in Lancaster County, Pennsylvania involved a van and 6 motorcyclists, 5 of whom were killed.

In Pennsylvania, summer is upon us and so is the increase of motorcycle ridership on our streets and highways. Every week, the experienced Philadelphia motorcycle accident law firm of Reiff and Bily receives phone calls from motorcyclists who are catastrophically injured and unfortunately, from the families of individuals who were killed as a result of a motorcycle accident. According to news sources, so far this year Lancaster County, Pennsylvania has recorded 27 motorcycle deaths alone. That is an average of 2 deaths per week since the beginning of spring, and that is in just one of the states 67 counties.

The Pennsylvania motorcycle accident law firm of Reiff and Bily is committed to protecting the rights of motorcyclists. If you or a loved one has been involved in a motorcycle accident, contact one of our experienced Philadelphia motorcycle accident lawyers for a free no obligation consultation to fully evaluate your rights and options at 1-800-421-9595 or online at www.reiffandbily.com.

A California jury awarded $15 million dollars to the parents of daughters who died in a fiery 2004 automotive crash in a vehicle that had been recalled for safety reasons but not repaired by the car rental company. On October 7, 2004, a Chrysler PT Cruiser was rented at an Enterprise agency. One month prior to the car rental, Daimler Chrysler sent out a safety recall notice for 435,000 PT Cruisers from 2002 through 2005 with a notice stating that the power steering hose could leak resulting in a vehicle fire.

The vehicle occupied by the deceased victims had been rented four times since the recall. Enterprise manager, Mark Matias stated that before the accident, he was not aware that the PT Cruiser was recalled and furthermore stated that the Enterprise corporate philosophy was “You’ve got to keep booking because you don’t know when you are going to get the car back. But then of course, you run short on vehicles and if all you have are recalled vehicles on the lot, you rent them out. It was given, the whole company did it.” The expert retained by the plaintiffs concluded that the deceased lost steering due to a power steering fluid leak. Not so surprisingly, Enterprise argued that the crash was due to the victims’ driving.

As an experienced Philadelphia car accident lawyer who has successfully handled other automotive product liability claims involving manufacturing defects, we believe that it is extraordinarily important that car rental companies be held accountable for the consequences of their actions. When one rents a car from a car rental company, you have every right to expect that the company has complied with all safety and recall conditions and that the vehicle you are renting is safe to be driven without risk of harm or damages.

If you or a loved one has been involved in serious Pennsylvania car accident, please contact one of our experienced Philadelphia car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

When you purchase a policy of insurance and spend your hard earned dollars, you expect that by paying those premiums every month you should be guaranteed the necessary help when you most need it. More and more I am noting that insurance adjusters are misrepresenting coverage, as well as denying benefits based on outright falsehoods. It is unconscionable and becoming more widespread.

Recently I was retained to represent a man who was rear-ended by an intoxicated driver. My client and his passenger required extensive medical treatment and yet his own insurance company who was responsible for medical payments told him that his vehicle was not covered under the policy even though my client had a letter to his agent registering the vehicle at least six months prior to the accident and had a policy noting that the vehicle was covered. Of course my client was from a small town in upstate Pennsylvania and perhaps the insurance adjuster thought that he could take advantage of this gentleman. Unfortunately, the denial of my client’s medical benefits and property damage claim forced my client to enter into litigation due to the fact that the company by the actions of its agents, servants, or employee adjuster failed to live up to their contractual commitments to their insured. In the immediate case, the insurance adjuster tried to blame his actions on the agent and the agent, of course, pointed the finger to the insurance adjuster.

The bottom line is that no matter what type of warm and fuzzy feeling you get from insurance television commercials, trust me the insurance companies are not your friends. Truthfully, your insurance company is nothing more than a business and its relationship with you is nothing more than a business relationship and the only way they can make a profit is to keep costs down. Therefore, there is an incentive to pay you late, little, or nothing when you file a claim. In a report prepared by The American Association for Justice, a former Allstate adjuster Jo Ann Katzman reported, “We were told to lie by our supervisors. It is tough to look at people and know you are lying.” For more information, see an article by David Dietz and Darrell Preston, “The Insurance Hoax”, Bloomberg News 2007 or “The Ten Worst Insurance Companies in America” published by The American Association for Justice.

You need to be smart and savvy to deal with your insurer and you have to fight back and thwart the aggressive and abusive tactics by insurance carriers. The experienced Philadelphia car accident lawyers of Reiff and Bily have engaged in tens of thousands of fights against insurance companies and are not afraid to put on the boxing gloves to place you on equal footing. Our record of success speaks for itself. If you or a loved one has been involved in a Pennsylvania car accident, please contact one of our experienced car accident lawyers at 1-800-421-9595 or online at www.reiffandbily.com.

Recently an article was posted in the York, Pennsylvania Daily Record. It stated a sobering fact known to this avid motorcycle rider and Pennsylvania motorcycle accident attorney. Namely, motorcycle “benefit rides” and riders with long groups may be fraught with hidden dangers. The article cited the unfortunate death of art teacher Terry Fleagle, 41, who died when the bike she was a passenger on collided with another motorcycle during a benefit ride. According to the York Daily Record, this was the second recent local incident of people dying in a Pennsylvania motorcycle accident while participating in a benefit ride. The other death occurred when police officer Michael C. Weigand, Jr. of Adams County, Pennsylvania died when his bike was struck during a benefit ride.

The danger of traveling in a long group of motorcyclists is described as the “whip” effect. Basically motorcyclists at the head of the pack pick up speed and get away from those in the back who then accelerate to catch up and can be caught by surprise by sudden slowing or stops. If you are in the back and try to keep up some times you are not paying full attention to the other drivers on the roadways and they are sometimes not paying attention to you rather than focusing their eyes on the lead group.

If you or a loved one has been involved in a Pennsylvania motorcycle accident, please feel free to contact one of our experienced motorcycle accident attorneys for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com. Remember please be aware of the dangers of riding in large groups with motorcycles as chance favors the prepared man.

The Pennsylvania Senate Transportation Committee voted 11 to 2 to forward to the full Senate a Bill that would increase jail time for reckless drivers who injure or kill. It also would allow a party in a civil suit arising for a motor vehicle accident to argue for a specific sum of money for all damages including pain and suffering. The Bill passed the House 117 to 72 last month. Not surprisingly, the Pennsylvania Insurance Federation is fighting this legislation claiming that allowing a suggestion of specific damage sums would drive up jury awards and auto insurance rates.

As a Philadelphia car accident lawyer and a proud member of the Pennsylvania Trial Lawyers Association, I contend that this provision would enable juries to reach a fair decision on damages. The Bill was named to honor a Pennsylvania Police Sergeant Michael C. Weigand killed in 2008 when an out of control motorist hit him while he was escorting a motorcycle benefit ride. For more information, see House Bill 2246.

If you or a loved one has been involved in a Pennsylvania car accident, please feel free to contact one of our experienced car accident lawyers for a free, no obligation consultation at 1-800-421-9595.