Philadelphia Car Accident Lawyer Blog

As an experienced Philadelphia car accident lawyer since 1979, I think that I probably have handled many types of conceivable car accidents that could occur. It may seem surprising to many readers that although young drivers and teenagers have the highest fatality rate per mile driven (almost 4 times as high as the rate for drivers 30 to 60) driving fatality rates decline steadily until age 25 and stays low until drivers reach age 70. After age 70, fatality rates increase steeply to the point where drivers 80 to 84 are as dangerous if not more dangerous than 18-year olds. From age 80, the fatality rate rises steeply to the point where drivers 85 and above have the highest fatality rate of all, one and a half times as high as 16-year olds. Obviously the fatality rate among the elderly is due to greater susceptibility to injuries rather than a higher propensity to get into accidents and a simple event injury may turn into a complicated event injury-wise for the elderly person.

In the last year, I have had the privilege of representing a few of Pennsylvania’s golden citizens who were catastrophically injured in what would otherwise be a minor impact injury situation due to their frail nature. It is interesting to note that in a few particular cases younger occupants of the vehicle were able to walk away while some elderly occupants had to be helicoptered to nearby hospitals in critical condition and remained in critical condition only to live their golden years out confined to a hospital bed or nursing facility. According to studies, the role of age was revealed in recent Toyota sudden acceleration recalls where the bulk of incidents involved fatalities reported by drivers age 61 to 80.

Two weeks ago, I was consulted by a woman whose vehicle was rear-ended while her son was with her and thankfully she suffered no injuries. However, her vehicle sustained rear-end damage. She was advised by her BMW dealer that the cost of repairs would be approximately $2,400 and another shop wrote the estimate at close to $2,000 allowing for a supplement. The insurance adjuster for the defendant’s company evaluated that it would cost approximately $1,100 at most for the repair and wanted to use used parts. The property damage adjuster is responsible for writing the repair estimate for your vehicle after a car accident. The insurance company is liable for all property damage related to the accident. In this scenario although liability was clear, the insured attempted to settle on his own without his insurance company for a fraction of a fraction offered by his insurance company.

Simply put, if you are involved in an automobile accident through the fault of another, you are entitled to be paid full value for property damage and do not have to use used parts. You are also entitled to reasonable automobile rental charges incurred as a result of the accident, as well as the costs attributed to the accident such as towing, storage, etc. In the defend, delay, deny culture embodying the mentality of insurance companies these days, if there is a tremendous disparity between the estimates of your body shop, another shop, and what the adjuster writes, a red flag should go up. In most cases, the insurance company is trying to negotiate on an uneven playing field and if you are not injured and do not have an attorney to take your case, they are betting that you will accept the lowest fee and that they can get away with using used parts. In fact, don’t be bullied by these individuals. You can even file a small claims court complaint if the matter in question is under $10,000.00. If in fact you were seriously injured you should contact an experienced Philadelphia car accident lawyer as well.

Bar Associations, courts, and lawyers across the United States have recognized the legitimacy of the Super Lawyer selection process. The Super Lawyer selection process is a comprehensive, good faith, and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field. The Super Lawyer selection entails a rigorous multi-faceted process consisting of peer nominations and elevations combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement and selections are made annually on a state by state basis. It is absolutely clear that Super Lawyers does not permit a lawyer to buy one’s way into the list nor is there any requirement for the purchase of any product for inclusion on the list or any quid pro quo of any kind.

The experienced Philadelphia car accident lawyers and personal injury lawyers Jeffrey M. Reiff and Raymond M. Bily are honored and thank our peers for once again nominating us for inclusion in this talented and knowledgeable group of esteemed Pennsylvania lawyers.

As an experienced Pennsylvania motorcycle accident lawyer, I am well aware of the fact that in the last 10 years, the number of motorcycle registrations in the United States has doubled to well over 7 million units and that motorcycles are becoming increasingly popular. Motorcycle fatalities represent 5% of all highway fatalities in America each year. Many product defects have been identified in motorcycles which in an automobile environment might amount to an inconvenience but are deadly for a motorcycle rider. Many defects on motorcycles are potentially life threatening and consist of the following:

1. Metallurgical issues on the frame and drag link assemblies;
2. Fuel system leaks;
3. Engine case and engine component metallurgical defects causing corrosion;
4. Manufacturing defects and foot placement and mounting;
5. Throttle body malfunction;
6. Tire failure;
7. Improper motorcycle frame integrity;
8. Defective welding;
9. Defective fuel tank and fuel delivery systems.

The breach of any one of these systems or defects has a significant likelihood of leading to a catastrophic injury or death.

Our firm has extensive experience handling motorcycle crashes and as an experienced biker for over 40 years, we are all too committed to motorcycle safety and safe motorcycling practices. If you or a loved one has a concern or an issue regarding a motorcycle accident or a motorcycle product defect, please call one of our experienced Pennsylvania motorcycle accident attorneys for a free, no obligation consultation. These are uniquely engineered vehicles requiring unique and specialized legal talent.

Last Wednesday evening, I was traveling on Interstate 76 from Center City Philadelphia to the western suburbs at approximately 65 mph when a man hunched over on a motorcycle passed me so fast that I thought my vehicle had come to a stop. The motorcyclist was weaving in and out of traffic and was traveling well in excess of the speed limit. To make matters worse, the motorcyclist did not have protective clothing on nor was he wearing a helmet.

I have been riding motorcycles since I was a young boy for probably well in excess of 40 years and the one thing I have learned as an experienced Pennsylvania motorcycle accident attorney is that you can never be too safe. Last year, over 250 motorcyclists were killed in Pennsylvania and many more catastrophically injured. Almost half of the deaths resulted from not wearing a helmet. A third of the accidents involved bikers with an alcohol content of .08 or more.

As an experienced motorcyclist, I have been involved in many near-collisions and have been almost hit by cars or trucks dozens of times. While I recognize that many people appreciate the freedom of not wearing a helmet and the bravado of going as fast as you can, it is just these types of risks that lead motorcycle accident victims to experience much greater injury and death than others in protective vehicles. Safety should always be a priority whether you are on a motorcycle or even in a car.

For more information on motorcycle safety, please check out the website www.pamsp.com or feel free to look at our website for previous blogs. If you or a loved one has been involved in a motorcycle accident, please feel free to contact one of our experienced Pennsylvania motorcycle accident lawyers at 1-800-421-9595 or online www.reiffandbily.com.

Our hearts and prayers go out to the family Madina Sem, a Fels High School student who had completed her senior project in art therapy to rave reviews and then was tragically struck by an out of control vehicle that ran up on the highway and struck her as she was making her way home from school. Madina Sem, who was one of eight sisters born to Cambodian immigrants, was described as a beautiful young lovely lady. She was a mentor to other teens and helped them all through troubled times. According to news reports, at approximately 4:00 p.m. Ms. Medina got off the bus on Olney Avenue and 2nd Street and had just rounded the corner north on 2nd when she was struck by an out of control car that ran onto the sidewalk. As she lay bleeding on the sidewalk, her sister Melina Sem, 19, ran to the scene and stated that Madina was crying and asked what had happened to her. According to Philadelphia police, Ms. Sem was hit by a car that was struck by another vehicle in a Philadelphia car accident at the intersection suffering multiple fractures and head trauma. She was transported to Albert Einstein Medical Center where her family was informed that she needed immediate surgery to reduce brain swelling. However, at approximately 10:00 p.m., the doctors informed the family that she “did not make it”. News sources reveal that the motorists were also taken to Einstein for treatment of minor injuries and no charges have been filed as the police investigation continues.

Continue reading " Popular And Successful Philadelphia High School Teenager Killed By Runaway Car After Receiving Rave Reviews On Her Senior Project " »

In the course of my legal practice as a Pennsylvania catastrophic injury and defective trailer law since 1979, I have met many unsung heroes whose lifetime work has had a significant impact on saving the lives of others. Ron Melancon is one of those individuals. In May of 2003, Ron was driving his minivan and noticed a pickup truck pulling a trailer in front of him. When the truck pulling a trailer stopped, Ron attempted to stop but unfortunately hit the trailer. Unfortunately the trailer was made of a transparent large steel mesh and for a driver behind the trailer, there was nothing to indicate its length or depth. Its brake lights were hard to visualize to the driver behind. Thank goodness no one was hurt and the damage to Ron’s car was minimal. But over and over in his mind, Ron Melancon tried to figure out how he missed seeing the trailer and how he could improve the safety of trailers that accidents such as this and more catastrophic accidents involving trailer did not occur. Ron Melancon then began a crusade to inform the public about the safety factors of trailers. Against the advice of all friends and on his own nickel, Ron decided not to get his van fixed and use the money that he saved by not repairing his van to start a campaign and call the public’s attention to trailer safety. During his initial hours of research Ron Melancon discovered a few details concerning trailers:

1. They do not need to be inspected.

2. You can build one on your own and use it or sell it.

3. If they are under 3,000 lbs., they fall below federal guidelines and if trailers are over 3,000 lbs. reflectors only need be placed at the extreme rear of the trailer.

In the beginning, no one wanted to hear Ron’s story. He was repeatedly told “You hit him in the rear, pay your fine and move on”. Ron took an online safe driving course to avoid a conviction for causing a car accident by following too closely, but he did not stop there. He then spoke to General Assembly delegate John S. Reid, who gave him the opportunity to vent and agreed to sponsor a Bill that would make trailers used to haul landscape equipment more visible. The law passed with 100% of the House of Delegates and the Senate and you would think that would be enough, but a company called Carry On Trailers decided to fight the law. Jackie Robinson once stated that “a life isn’t significant except for its impact on other’s lives.” Somewhere out there there is a unique place for all of us to help others and a unique role for us to fill that only we can fill if we are dedicated. Ron Melancon created a website entitled www.dangeroustrailers.org which I urge all of you to visit and support. Ron works 7 days a week, seemingly 24 hours a day, to make sure that the public is aware of the dangers of trailers and their defects. He has taken his efforts to legislators around the country, trailer manufacturers, as well as the consumers. It is important to add that Ron performs all of his duty and efforts at a significant financial loss to himself without any public or private support. When people such as Ron serve the public, life is no longer meaningless, and while some dubious readers may question Ron’s dedication, I salute Ron Melancon and believe that in helping others, we shall help ourselves. For whatever good we give out will complete the circle of life and come back to us, and that such given of the whole heart and freeful mind is the most beautiful thing that a person can do.

Trailer detachments are becoming more regular occurrences in Pennsylvania and nationwide. This experienced Philadelphia car accident and defective trailer accident lawyer calls for more Pennsylvania Commonwealth and national regulation with teeth. In the latest event which occurred on March 14, 2010, state police in Pittsburgh, Pennsylvania reported that a trailer came loose from a passing pickup truck, striking an artist who was carving a wooden sculpture. The 46-year old Pennsylvania artist was using a chainsaw and wearing heavy ear protection when the trailer broke free from the passing truck striking him. Pennsylvania police state that the truck hit a divot in the road and the trailer detached hitting the artist. The force of the detached trailer striking the Pennsylvania artist was so great that he was pinned against a building and died of massive injuries later at the hospital. The investigators are attempting to determine if the trailer was properly attached to the truck.

The family of 46-year old John Metzler, the victim, would be well advised to seek the services of an experienced defective trailer and Pennsylvania car accident lawyer to fully investigate the facts of this case to determine who may be liable for his injuries.

Several factors are known to cause trailer accidents - operator behavior, mechanical failure, design defects or limitations, uninspected damages, improper repairs, metallurgical component failures, improper operation, improper training, improper maintenance procedure, lack of safety harnesses and/or chains, failure of safety lock, failure of hitch, improper height or weight restrictions, corrosion of parts, improper assembly, overloading the trailer, abrupt start and stopping, and violation of applicable state codes.

There is no federal law or national agency administrating trailer defect accidents. There are no known general or uniform reporting requirements and the trailer industry is highly unregulated. There are important questions that must be answered and explored demanding a team of experienced defective trailer investigators and experts to determine how and why the accident occurred. It is important to bring wrongdoers to justice and to make sure victims are fully compensated for resulting injuries.

For more information regarding dangerous trailers, please visit consumer advocate Ron Melancon's website www.dangeroustrailers.org.

Many times when I am in social gatherings in Philadelphia many people will come up to me and ask my advice as to who is the best attorney to handle an injury case, car accident case, or criminal case. Of course, there is no definitive or objective way for me to state who is the best and the same calls for a subjective viewpoint. But finding a good lawyer is like finding any good profession. It is always best to ask around. Ask a number of people you respect for their advice, as well as review the Internet and legal directories. If you have any friends who are recognized lawyers in their fields, ask them. I believe that a client should interview at least two or three lawyers prior to making a final determination of who is the best attorney to handle their claim.

Remember in a catastrophic injury case, many life changing events have occurred that will impact the person greatly and one of the most important decisions to be made is selecting a competent and experienced personal injury or car accident attorney. There are many valid Internet directories which review a lawyer’s skills and abilities, as well as their ethical standings. Some of these directories include but are not limited to www.martindalehubbel.com, avvo.com, and hg.org. As the Internet has become more interactive, lawyers and law firms can provide detailed information to potential clients including non-biased reviews and ratings, as well as references. One should also check the Disciplinary Board of the state to make sure that the lawyer who they are interviewing is in good standing and has had no prior or current disciplinary issues.

Continue reading " Who Is The Best Pennsylvania Injury Or Car Accident Lawyer? " »

Yesterday I had the opportunity to meet with a very nice woman who was catastrophically injured as a result of a car accident. This educated woman and single mom had been attempting to negotiate her claim with her insurance company for many months and despite clear cut liability and the most catastrophic injuries, I was astounded that the defending insurance company did not immediately tender their full policy limits. Quite frankly, the limits of the insurance policy were only worth a small fraction of her actual loss based on my 31 years as an experienced Philadelphia car accident attorney.

When I met this very nice woman, she was emotionally distraught and felt guilty hiring an experienced Philadelphia car accident lawyer. Added to the scenario was the fact that her mother and siblings made her feel like a bad person for hiring a lawyer to recover compensatory damages for her car accident. An immediate read of the situation left me to recognize that this woman would indeed be suffering from permanent injuries and was clearly entitled to significant compensatory damages. What she and her family members also failed to understand it that the insurance company’s main objective was not to protect her, but in fact to increase their profitability and their shareholders’ return by minimizing claims and payments and avoid paying even justified claims.

Obviously, the experienced insurance company adjuster knew that the company would ultimately be forced to pay their minimal policy limits and yet repeatedly failed, refused, and neglected to make an offer in good faith. The actions of the insurance company forced the unknowing claimant to hire a lawyer to enter into litigation.

My personal belief is that the action of the adjuster and the insurance company is unconscionable and may rise to bad faith. However, after over 30 years of experience, I am well aware of this wide spread situation of insurance companies trying to take advantage of situations such as this with an inexperienced player on an uneven playing field. Insurance companies are more and more failing to live up to their contractual commitments to their insured, focusing instead on their return to shareholders and their bottom line. It is important that claimants not be afraid of insurance companies and hire experienced car accident lawyers who know how to fight back and thwart aggressive and abusive tactics. You need to be on even ground when dealing with such scoundrels.

If you or a loved one has been seriously injured as a result of a car accident, don’t be afraid to call one of our experienced Philadelphia car accident lawyers at Reiff & Bily for a free no obligation consultation. We offer a no recovery, no fee guarantee.

The experienced Pennsylvania car accident and Pennsylvania vehicle defect lawyers at Reiff & Bily call your attention to the fact that 135,000 Infinity G35 have been recalled due to the fact that the connector detecting passenger seat airbags on Infinity G35's may be defective due to connectivity problems. The Japanese from Nissan announced that they have determined that a faulty electrical wiring installation which could lead to disabling the airbag in an accident event. Nissan claims that this recall was made after an internal investigation and they are not aware of any airbag accident with this model. The problem affects G35 sedan models produced between 2005 and 2006 as well as the G35 coupe produced between 2005 and 2007. The problem will be resolved by replacing a seat connector leading to the airbags. The problem can also be aggravated by severe vibration and also by a passenger jumping up and down in the vehicle. This recall is the latest event in a string of recalls by Nissan.

When I first started practicing law in 1979, it was easier to do business. Hand shakes meant something and you really were in good hands with your insurance company and like a good neighbor, they were, in fact, there. When you bought a policy from an insurance company or were involved in a catastrophic incident with somebody insured with an insurance company, the insurance company normally performed their due diligence and generally paid property damage, medical expenses, and compensatory damages on a fairly routine basis unless liability was clearly disputable or fraud was involved.

Unfortunately, this scenario is rare today. Today insurance claims are fought aggressively and many companies fail to honor the terms of the policy and promises of security through a strategy that insurance expert and Professor Jay M. Feinman calls “Delay, Deny, Defend” in his new and highly recommended book of the same title. Insurance companies now delay payment of claims, deny all or part of a valid claim, and/or aggressively defend the positions they take by forcing the policyholder to hire a lawyer to get what he is rightfully owed.

As an experienced Pennsylvania personal injury lawyer whose law firm has handled more than 20,000 claims since 1979, I am all too familiar with how many insurance companies dealing with cases with clear cut liability and permanent injuries will try to make the defendant sweat it out to increase their bargaining position in order to resolve the case at a lower settlement figure. I am all too familiar with the fact that many times arbitration panels and juries award multiples of the stated minimal insurance limits and I am sometimes puzzled or amazed to learn that insurance companies may spend more in litigation than the case is worth to prove their point and wear the defendant down. I tell my clients that when the facts are on your side and you have a good case, don’t be afraid to sue and win. Don’t be bullied!

In the old days, claims adjusters would insure the prompt, fair, and efficient delivery of the insurance company’s promise to pay under the policy. In a tightening economy, many major insurance companies seek to increase profits. Simply put, the insurance companies’ greatest expense is what it pays out in claims and if it pays out less in claims, it can keep more in profit.

If you are involved in a serious or catastrophic car accident or any other legal claim for that matter, never assume that the insurance company is your friend. Hire a lawyer who is greedy for justice and not afraid to fight back.

I recently read author Jay Feinman’s book Delay, Deny, Defend and give it a 5 star review. As an experienced Philadelphia car accident lawyer since 1979, I have been combating insurance companies with great success and have been well aware that an insurer’s main objective is not to protect you but to avoid paying justified claims in the name of profits. Unfortunately the tactics of an insurance company force claimants to enter into litigation to fight on even ground and thankfully, from a selfish perspective, the law firm of Reiff & Bily has been extraordinarily successful representing injured claimants who were wrongfully denied their rights by insurance companies.

Professor and expert Jay Feinman explains in detail the infuriating and systematic abuses insurance companies use to delay, deny, and defend against your claims. He explains how computer programs arbitrarily cut the settlements offered to automobile accident victims on a take it or leave it basis. He notes how claims adjusters receive cash incentives to reduce the amount paid by the insurance company on each claim. Professor Feinman shows you how to fight back, explaining how to choose a carrier that won’t take advantage of you, how to file a claim so that your provider cannot avoid paying you, and what to do when your insurer disputes your claim. He also details steps that lawmakers need to take to protect consumers and thwart aggressive and abusive tactics. As the book’s folder indicates, no matter what advertisements say, your insurance provider is not your friend or your good neighbor. You need to be smart and savvy to deal with your insurer and Delay, Deny, Defend tells you what you need to know.

I highly recommend this book.

As of this date, you should know that Philadelphia police officers are not required to respond to minor fender bender car accidents in the City of Philadelphia. This experienced Philadelphia car accident lawyer predicts more chaos and increased litigation as insurance companies who do not have police reports already seem to use this lack as a reason to litigate and assess credibility of the players and parties in the accident.

Worse yet, consider the scenario where it is late at night, your car is in an accident and you are afraid to get out of the car to exchange information due to the fact that the other vehicle is loaded with gangster type characters or if you are a woman and a man is in the other car, a frightening situation may also prevail. I recently read an article by Solomon Jones in the Philadelphia Daily News who stated that “If you are among the conscientious drivers who have real insurance, you don’t want a police report.” He claims that that little piece of paper just helps the uninsured people who hit your car to get a neck brace through your insurance company and drive your rates sky-high.” I firmly disagree. If you are in a car accident that is not your fault, you have the right to recover compensatory damages not only for bodily injury but also for property damage to your vehicle and many people do not have proper coverage for damage to their auto.

In many of the cases that I have been involved with since 1979 involving car accidents where there was no police report, the insurance adjusters signaled the case with a fraud alert. They use this tactic to deny, delay and defend non-payment of otherwise valid claims. The litigation process can be costly and if the case does not have serious enough damage in terms of physical injury, you may have a difficult time finding a lawyer to accept the case and prove which party is credible.

I will be curious to observe how this situation plays out over the next few months and years.

In many of the car and truck accident cases that I have handled since 1979, I am often called by the client after the client has given a damaging or inappropriate statement to an insurance company. Many times the unknowingly injured client will give an inappropriate statement which is extraordinarily damaging to an otherwise excellent claim. One always has to remember that insurance companies are in the business of remaining extremely profitable and will fight tooth and nail when it comes time to pay out claims and will look for every excuse in the book to deny the insured what they are rightfully owed under the terms of the policy.

I recently encountered an investigator from a defendant’s insurance company who sought to bully my client and myself into giving a statement when in fact I informed him that he was not entitled to the same and we would only have one bite at the apple after deposition where my client was represented by an attorney. Although he seemed to be persistent, he finally backed down after I asked him if he would permit his client to give a statement to my company and he replied no. He told me “You can’t blame me for trying” and told me that most times he is able to charm a statement out of a claimant or otherwise unknowledgeable claimant’s attorney.

Many times insurance companies will make false promises or have you sign a document without legal representation which gives them the right to settle your claim for a fraction of its true value. We have found that on average a client who retains a knowledgeable and experienced attorney after a car accident or truck accident will likely recover multiples of the offer made to him without legal representation. I would hesitate for anyone to represent themselves without a lawyer and always remember the saying “He who represents himself has a fool for a client.” Liability laws can be extremely complex and insurance company executives and their team of adjusters are experts at calculating new ways to defend, delay, or deny payment in the interest of company profitability.