Philadelphia Car Accident Lawyer Blog

The jury at a coroner’s inquest into the deaths of three women in a 15-passenger van crash in Canada recommended that large passenger vans be classified as high risk vehicles. At the 15-passenger van and SUV rollover law firm of Reiff and Bily this is something we have known and adamantly warned consumers about for many years. When a 15-passenger van is loaded with more than six people, it can become unstable. As more people are loaded in the van, the instability increases to dangerous proportions with an increased unsafe handling and rollover risk. Every year people are killed in 15-passenger vans and unfortunately most of the time it involves students or churchgoers who are unaware of safety issues involving these vehicles. 15-passenger vans have long been the subject of debate over safety yet reports indicate that there are close to one million on the roadways of the United States.

Recently West Chester University in Pennsylvania issued a directive attempting to prevent the increased risk of accidents and injuries associated with the operation and occupancy of 15-passenger vans. This directive is posted on my website and should be read by anyone considering riding in the same, although this experienced 15-passenger van rollover attorney would advise one to avoid driving or occupying a 15-passenger van under any circumstances.

The National Highway Traffic Safety Administration has warned that 15-passenger vans from all domestic manufacturers have a significantly increased risk of rollover much more so than other vehicles under certain driving and occupancy conditions. Accident avoidance maneuvers and overloading is often a major factor contributing to 15-passenger van accidents. Our investigations in these cases has revealed that the manufacturers knowingly put these vehicles on the streets with understanding and knowledge that they had a high potential for catastrophic accidents resulting in fatalities but the large sales and profitability of these vehicles outweighed their regard for consumer safety. We believe that these vehicles are perhaps one of the most unsafe vehicles on our highways.

On December 9, 2009, the NTSB released findings on a fatal bus crash that occurred on January 2, 2008 killing a passenger after the driver fell asleep at the wheel. The investigation revealed that the vehicle veered off of U.S. 59 and then overcorrected, causing the bus to roll over onto its right side. The bus carrying 47 passengers was subsequently hit by a pickup truck. In addition to the fatality, many people were catastrophically injured. The investigation revealed that the driver of the bus was only licensed to drive the bus within Texas even though the bus was heading from Mexico to Houston.

The NTSB noted that the current federal regulatory environment with regard to buses allows a non-compliant motorcoach to be registered on U.S. roadways. The NTSB Chairman, Deborah A. P. Hersman stated that “the traveling public should expect that any motorcoach that they ride on complies with all of the safety criteria posted on any other commercial passenger vehicle within our borders.” The NTSB urged other federal agencies, including the National Highway Traffic Safety Administration, the Federal Motorcoach Safety Administration, and the U.S. Customs and Border Patrol to better coordinate efforts to root out buses and other coaches that do not meet U.S. safety standards.

The car accident and bus accident lawyers at Reiff and Bily have been representing seriously injured victims of bus accidents since 1979. If you or a loved one have been injured in a car or bus accident, you deserve to have your rights represented in an aggressive fashion by lawyers with a successful track record. For a free, no obligation consultation, please contact our office at 1-800-421-9595 or online at www.reiffandbily.com.

A serious school bus accident on Tuesday, December 8, 2009 involving two school buses in Oklahoma raises the question once again as to seat belts. As I have written in my previous blogs, Federal law does not require school buses to be equipped with seat belts. Certain states, such as California, New Jersey, New York and Florida, have passed laws to place seat belts on all school buses. By 2010, all buses purchased in Texas will be mandated to have seat belts as well.

As a school bus accident and rollover attorney, it is our belief that seat belts would restrain students and prevent occupant ejection and catastrophic injuries that often occur. The school bus industry and its lobbyists state that in a rollover situation or an extreme emergency (fire or collision) the driver would be challenged to unfasten 40 to 50 seat belts and claimed that seat belts do more damage than good. The industry is always alleging that school buses are created with enhanced structures of protection including higher seat backs and cushions to protect students upon impact.

The experienced bus accident and rollover attorneys of Reiff and Bily have investigated many accidents where our experts have determined that the addition of seat belts would be a prudent measure to prevent catastrophic injuries and fatalities in school buses.

Philadelphia car accident lawyer and airbag defect law firm call attention to a recall notice. Mitsubishi and the National Highway Traffic and Safety Administration (NHTSA) have issued an alert regarding Mitsubishi Endeavor airbags produced between May 26 and July 28, 2009 claiming that a retainer bracket in the seat mounted airbags may not have been properly joined. Faulty welding can cause the front driver's seat and front passenger side airbags to fail to deploy properly which could result in catastrophic injury or death should a crash occur. The replacement is known to be on a case by case basis and may not be necessary at all as the recalled Endeavors will be inspected first for the quality of the welds. It is recommended by the Philadelphia airbag defect law firm of Reiff and Bily that if you own one of these vehicles, you should immediately visit the dealer and have this weld inspected to insure safe operation of your vehicle and avoid catastrophic injury or death should a car accident occur.

According to a December 4, 2009 article in the Philadelphia Legal Intelligencer, a Philadelphia judge denied Matthew J. Adamitis uninsured motorist benefits from his personal insurer, Erie Insurance Exchange, after he had an accident in a work vehicle. The judge ruled that the public policy goal of the Motor Vehicle Financial Responsibility Law is not to protect the insured but the insurer. Adamitis argued that denying a worker underinsured motorist coverage by his private insurer when his work did not purchase UIM coverage was contrary to the public policy goals of the MVFRL. Judge Frederica A. Messiah-Jackson stated that the regular use exclusion in Adamitis’ insurance policy was not against public policy. According the judge’s opinion, “The purpose and policy of the MVFRL is not to protect employees, rather UIM functions to protect insurers against forced underwriting of unknown risks that insureds have neither disclosed nor paid to insure.”

While Judge Messiah-Jackson’s opinion is consistent with hundreds of other similar Appellate Court rules on the issue, attorneys in the case commented that it comes down on the opposite side of a ruling in an Allegheny County Common Pleas Court that was issued a month earlier. In that case, Ciminel v. Erie Insurance Exchange, Judge Timothy P. O’Reilly issued a one page Order granting a Motion for Summary Judgment ordering Erie to pay Ciminel’s UIM benefits. Judge O’Reilly wrote in that Order that he was persuaded by a 2007 Opinion out of Lackawanna County in Decker v. Nationwide Insurance Company. In that case John Decker was a police officer injured by an underinsured motorist while driving his cruiser. The attorney for the insurance company stated that it was important that the Judge in the Adamitis case found that the exclusion was both valid and enforceable. More details of this case can be found in the case of Adamitis v. Erie Insurance Exchange.

In a normal car accident, a non-pregnant occupant is traditionally protected by seat belts and airbags in a safe fashion. According to a recent news report, it is estimated that approximately 300 to 1,000 unborn children die in car accidents each year. The fatality rate is more than 4 times the rate for infants and children up to 4 years of age.

As an experienced Philadelphia car accident lawyer, we have handled many of cases involving pregnant women resulting in injuries to the fetus or potential loss of the fetus. The biggest risk for a pregnant occupant is placenta uterine detachment. If the placenta gets detached, the baby loses oxygen and such detachments account for approximately 80% of fetal losses after a car accident. Additionally, medical treatment for a pregnant woman after a car accident is highly specialized and normal therapeutic measures must be evaluated and many times reformulated or they to can result in the loss or deformation of the fetus. Following a car accident it is important that if a woman believes she is pregnant that she not submit to x-rays and seek the safest possible medical treatment, avoiding aggressive physical therapy and/or manipulation.

If you are a pregnant woman who has been involved in a car accident that is not your fault, it is highly recommended that you seek legal and medical specialists who have experience dealing with these types of injuries. The Philadelphia car accident law firm of Reiff and Bily has extensive experience representing pregnant women injured in car accidents and knows how to fully investigate these claims and maximize the value of the settlement or verdict. Please contact one of our experienced lawyers for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

As I have noted in a previous blog, some states have decided to do away with mandatory vehicle inspections. As an experienced Philadelphia car accident and truck accident attorney, I have all too often seen the results of defective and mechanically improper vehicles on the roadways which cause catastrophic injuries and fatalities. On December 15, 2009, the part owner of a tractor trailer with faulty brakes that had never been inspected pled guilty to vehicular homicide of an innocent 50-year old man, a third degree felony. He also pled guilty to two summary offenses for putting a vehicle on the road with defective brakes and with brake lining too thin for safe operation. It turns out that this vehicle bore an inspection sticker but the vehicle was never inspected. The sticker had been purchased from a garage in Philadelphia. Both the mechanic who passed the truck without looking at it and the vehicle’s part owner who drove it pled guilty to the vehicular homicide and related charges. All three will be sentenced.

In addition to the fatality, another individual, age 55, was catastrophically injured. The vehicle was carrying a heavy load of vegetables and was in the passing lane and stopped because of heavy traffic but the vehicle could not stop because all ten brake assemblies were so overworked and cracked that the brake drums were close to rupturing according to an expert mechanic who inspected the vehicle. The vehicle hit the Infinity occupied by the deceased so hard that it mounted the vehicle and the driver died instantly from asphyxiation due to massive chest injuries. This accident by an admittedly uninspected vehicle involved four other vehicles.

I believe this situation underscores the necessity for state mandated inspections on all motor vehicles on our highways. To eliminate motor vehicle inspection, as some states have chosen to do in view of the tight economy, will have a potentially far more devastating impact on our citizens.

The Pennsylvania motor vehicle accident lawyers of Reiff and Bily are committed to motorist and consumer safety representing the catastrophically injured since 1979.

On Saturday evening December 12, 2009 a tragic accident occurred when an SUV crowded with teenagers rolled over killing two innocent 9th grade high school students. The single vehicle SUV rollover occurred at 11:50 p.m. on Route 100 near Moyer Road. According to news sources, the driver of the vehicle lost control causing it to flip over and the two girls in the rear seats were ejected from the vehicle. The circumstances of the crash are under investigation. Our hearts and prayers go out to the families of these individuals. Unfortunately this crash was similar to another crash that occurred on November 23, 2009 when two Pottsgrove High School students were killed in a Honda SUV vehicle that went out of control and crashed.

These recent fatal SUV rollover accidents underscore just how devastating SUV rollover crashes can be. Any of the SUVs are unsafe at any speed and most of the deadly crashes involve accident avoidance maneuvers. There are many questions that need to be answered by the families of the individuals injured and killed in this accident. These accidents will require a careful investigation to pinpoint the exact cause of the accident and a possible product defect and who should be held liable or responsible.

An experienced SUV rollover and car accident lawyer will be able to guide the victims and their families through the complex legal process to insure that their legal rights are protected and that they receive fair and proper compensation for their injuries, damage and loss.

Ford has already paid more than $30 million in compensatory damages, interest and costs. Ford argued that they and other manufacturers “are routinely exposed to massive punitive damage awards without regard to whether they had sufficient notice to allow them to comply with the law and avoid punishment.” Plaintiff’s lawyers in the case argued that the Ford Explorer design made it prone to rolling over during common evasive or accident avoidance maneuvers and the vehicle’s roof was too weak to withstand a rollover. Lawyers for Buell-Wilson told the Supreme Court that a California jury and Court of Appeals noted that Ford has knowingly sold a dangerous and defective vehicle but it could have been made safe for a modest amount.

The original jury award against Buell-Wilson and her husband in California was in the amount of $368 Million Dollars, the largest award ever assessed against Ford Motor Company. The trial judge and Appeals Court later reduced the award.

The National Highway Traffic and Safety Administration, in an attempt to prevent motorists from being ejected from vehicles during rollover crashes, announced on Tuesday, December 2, 2009 that new cars and trucks will be required to have a larger and stronger side airbags. Every year over ten thousand deaths occur in vehicle rollover crashes. Electronic stability control is required to be in all new vehicles by the 2012 model year. NHTSA predicts that when all vehicles under 10,000 lbs. or less have this technology, the number of deaths from rollovers should be reduced by approximately 50%.

The Philadelphia car accident, airbag defect, and SUV rollover attorneys at Reiff and Bily salute these latest efforts by NHTSA. If you or a loved one has been involved in a car accident or rollover accident, please feel free to contact one of our experienced Philadelphia car accident and rollover attorneys for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Hats off to an Arizona jury who sent a loud and clear message to Met Life for refusing to cover the claim of Kenneth and Tammy Nardeli whose Ford Explorer was stolen from a Mesa, Arizona shopping mall and found abandoned and severely damaged weeks later in Mexico. Although the Nardelis said the vehicle was a total loss and could never be restored to its original condition, Met Life refused to replace the car and instead issued them a check for $10,759.00 while stopping payments for their rental car. Richard Gillenberg, the attorney for the Nardelis, stated that Met Life was determined to boost profits within its Warwick, RI based auto and home division and that the company told its adjusters to get tough on claims. The lawsuit accused Met Life of a deliberate scheme to deny the Nardelis their rights under their insurance policy.

The Philadelphia unfair insurance practices law firm and bad faith insurance law firm of Reiff and Bily is all too familiar with tactics such as these and currently have cases in litigation against insurance companies who place profits before policyholders’ interests and breach the fiduciary obligation to deal in good faith.

Unfortunately, seemingly the motto at many insurance companies in this country is deny, delay and defend until the insured cries uncle or hires a lawyer with enough gumption and strength to take them on. Even then, the insurance companies throw road blocks in their way and as one of our recent cases will attest, they will take some of the most unconscionable steps imaginable to prevent an insured from recovering full benefits under the policy that they paid for with their hard earned dollars.

If you or a loved one is the victim of an insurance company’s unfair claims practice or a bad faith dispute or believe that your insurance company is not treating you fairly, please contact one of our experienced unfair insurance claim practices or bad faith insurance lawyers for a free consultation.

On November 30, 2009, representatives from the government of Michigan announced an automobile insurance reform proposals that would shine a spotlight on the auto industry’s unfair pricing practices and make insurance more affordable by giving the state’s insurance commission final say over rate increases, as well as the power to order refunds for consumers who were charged excessive rates. Michigan drivers pay the second highest auto insurance rates in the United States not so far behind drivers in Pennsylvania. Under the Michigan plan, all low income drivers would be required to purchase a bare bones $600 policy whereupon the government would force insurance companies to reduce their auto insurance rates. Not so surprisingly, auto industry executives claimed that such a proposal would create more law suits and cost the insurance industry jobs.

Unfortunately as we see from the hit and run car accident epidemic in Pennsylvania, many people are unable to afford insurance, causing accidents and leaving the scene fearful of legal ramifications. The excessively high rates now enforced in Pennsylvania and many states results in more motorists driving without coverage. The Michigan proposal would allow the insured to buy less medical coverage.

This Philadelphia car accident lawyer salutes the efforts of the Michigan legislature and recommends that the legislature of Pennsylvania view this proposal closely and give thought to the same in order to help improve the number of uninsured motorists driving on our roadways and help make an impact on the hit and run epidemic that is affecting our citizens.

As the holiday season during Thanksgiving and Christmas is one of the busiest times for motorists on area highways, it is also busy for local police and state troopers looking for drunk drivers and the potential for car accidents that result in catastrophic injuries or deaths.

According to a recent study, PennDOT traffic engineer, Lou Belmonte stated “85 to 90% of all crashes are caused by driver behavior and mostly among young adults aged 21 to 25.” Approximately one half of all highway fatalities involve drunk driving. To that end, police have announced Operation Safe Holiday in an effort to thwart drunk driving. If you are driving during the holidays always buckle up and consider designated drivers if you have been drinking. Take a break if you get drowsy because many people take long trips during the holidays. According to the Pennsylvania DUI Association driving while impaired is preventable but unfortunately it’s a crime for which most arrests are made.

The Philadelphia car accident lawyers of Reiff and Bily are committed to driving safety and are strong advocates against drunk driving.

I am currently involved in an exciting case against one of the nation’s major insurance carriers who we feel has breached their fiduciary obligation to their insured in failing to handle a claim in good faith. Since 1957 through the present, there has been a stream of cases in Pennsylvania highlighting the progression of bad faith law. 42 Pa C.S. '8371 sets forth that the term bad faith concerns the duty of good faith and fair dealing by an insurance company in the party’s contract and the manner by which an insurer discharges its obligation of defense and its obligation to pay for a loss.

The Supreme Court of Pennsylvania has held that while an insurer has no absolute duty to settle a claim, the insurer “must act within the utmost good faith” when handling a claim against its insured and if it does not and an excess verdict results, the insurer may be held liable. The Pennsylvania statute notes that in an accident arising under an insurance policy, if the court finds that an insurer has acted in bad faith towards the insured, the court make take all of the following actions:

1. Award interest on the amount of the claim from the date the claim was made by the insured in the amount equal to the prime rate of interest plus 3%.

2. Award punitive damages against the insurer.

3. Assess court costs and attorneys’ fees against the insurer.

Continue reading " Prosecuting Bad Faith Claims against Insurance Companies Makes Me Proud To Be a Lawyer " »

Unfortunately it seems that the episodes of deadly hit and run car accidents in Philadelphia and the surrounding counties is growing with geometric magnitude. At 5:00 p.m. on November 30, 2009, Frances Gordon, age 75, was struck by a vehicle at or near the intersection of Church Road near Old York Road in Elkins Park. According to news sources Ms. Gordon had just left the library and was crossing the street when she was hit by a newer model white or light gray work van driven by a white male in his 40's or 50's. Witnesses informed police that the male driver hit the pedestrian, got out of the vehicle, looked at the victim, and then fled eastbound on Church Road. The van reportedly had a ladder on top and two rear tinted windows.

Our hearts, thoughts and prayers go out to the family of Frances Gordon and once again this tragic incident calls to question what legislators are doing to close the hit and run loophole that exists under Pennsylvania hit and run laws. For more information concerning this topic, please see my previous articles and blogs written at the following site - www.reiffandbily.com.

The family of Frances Gordon would be well served to seek the services of an experienced Philadelphia car accident and hit and run lawyer to fully investigate this claim and work in conjunction with the police to make sure the defendant is prosecuted to the full extent of the law, as well as to recover the maximum amount of civil remedies and compensatory damages that are available.