Philadelphia Car Accident Lawyer Blog

This past Saturday evening, I attended a local dinner party and while I was sipping a glass of wine, I heard a shrill chirping or beeping sound. When I asked what it was, I was told that one of the guests had brought a portable breathalyzer. Interestingly enough, I thought that this little device was a great way to give myself and others at the party a little peace of mind by allowing the hosts to rest assured that they were not allowing someone, including myself, to drive when they are legally impaired, as well as allowing individuals attending the party to benchmark themselves.

Interestingly enough a discussion ensued and those who tested at or near the levels of intoxication were requested to turn over their keys and have a designated driver take them home or call a cab. I must confess, I liked this idea and as an experienced Philadelphia car accident lawyer who has investigated some of the most tragic cases involving intoxicated drivers, I placed my own order for a portable breathalyzer on Sunday morning. Of course, one must be careful that the portable breathalyzer does not give a false sense of security and I advise anyone who doubts that a person should not be driving and who appears to be impaired to confiscate that individual’s keys regardless of the results of the breathalyzer. Even if the breathalyzer notes that a person is not intoxicated, if someone is stumbling, slurring words, or otherwise acting incapable of driving, confiscate their keys because even if a police breathalyzer test shows you are not at the legal limit, you can still be arrested and charged with impaired driving if you exhibit the above symptoms.

Surprisingly the prices for these devices online range anywhere from $38 to less than $150 for a professional model. In fact, many might state that this is cheaper than a good bottle of wine or dinner for two at a restaurant. I urge all of our readers to consider purchasing a portable breathalyzer as "chance favors the prepared mind".

Continue reading " Portable Breathalyzer A Big Hit At A Dinner Party - Experienced Car Accident Attorney Thinks It’s A Great Idea For All Guests To Test Themselves Before Getting Behind The Wheel Of A Car " »

As many municipalities are in a tightened and deficit state, crash taxes and accident response fees seem to be sweeping the country. Thankfully as a Philadelphia and Pennsylvania accident attorney, I am glad to reassure Pennsylvania citizens that Pennsylvania and 12 other states have outlawed accident fees and taxes preventing cities from billing victims of motor vehicle accidents for fire and police response services. In some states, a car accident with injuries is billed at $490 to the driver. If there is a fire without injuries, bills are in the amount of $415, and in an accident without injuries, motorists are assessed a $365. The thought process was to shift the burden from the tax payers to those responsible for the accident. Of course, this begs the question as to how do we determine who was responsible on the spot?

It is my understanding that insurance companies are often refusing to pay these taxes when the consumers try to pass them on which leaves the motorist in the position that not only have they been the victim of a car accident, but they must now foot the bill or litigate over the matter just to even pay the tax. When you are involved in a car accident, the last thing you want to think about is being taxed.

In Philadelphia many times the police are not even responding to car accidents due to budget cutbacks, and it is important that you secure information from all of the individuals involved in the car accident. If you are injured, it is best to contact an experienced Philadelphia or Pennsylvania car accident attorney who will work with skilled investigators to fully investigate your claim. Of course, the best Philadelphia car accident attorneys never charge for an initial consultation and will always handle your case on a percentage basis meaning that if you win, you will be charged a fee and if you do not win you will not be charged anything at all including the costs of investigation.

Continue reading " It’s Bad Enough You Are A Victim In A Car Accident But Some States Now Want To Tax You With A “Crash Tax” " »

2011 is shaping up to be a banner year in the annals of tour bus accidents and resulting deaths and injuries. That is more than the total of 2010 when there were 30 fatalities, 272 injuries, and 28 tour bus crashes. In the wake of tour bus accidents, investigations have been commenced by various state and national authorities. However our experienced bus accident attorneys and investigators understand that many tour bus companies and discount bus operators continue to stress profitability rather than safety and seem to be taking all too many short cuts in a tightened economy.

For years, bus safety advocates and bus accident lawyers called for legislation with teeth that would strengthen bus driver safety and driving training. In our independent analysis of many bus companies and their drivers, we have found abysmal safe records. In one case, the tour bus drivers were cited for over 46 safety violations including speeding and fatigue. Many drivers were found to have deportation detainers from immigration and customs departments, as well as felony warrants. In one of our cases, one of the bus companies claimed to have an office in a premise that was totally non-existent. Amazingly the bus company still continues to operate despite fatalities in alleged ongoing investigations.

Senator Frank Lautenberg of New Jersey was concerned that the Department of Transportation was not moving quickly enough to make motor coaches or buses safer and was quoted as saying “Just because bus companies can discount prices, doesn’t mean they can discount safety”. Unbelievably in one of our cases, the insurance company claims that the bus did not have insurance as stated on their certificate. Until lawmakers take proper steps, bus owners and operators will continue to skirt the system and unfortunately more and more lives will be lost and other innocent and unknowing victims injured. We recommend that buses be equipped with black box recorders similar to those installed in airplanes.

Continue reading " In The First Six Months Of 2011, 17 Tour Bus Accidents Result In 323 Serious Injuries And 32 Fatalities - A Disturbing Trend Opines Bus Accident Law Firm Who Has Repeatedly Called On Legislators For Tighter Safety Legislation " »

What initially appeared to be a multi-car rear end collision with so low an impact that it was hard to see any damage on plaintiff’s vehicle grew into a $7.2 million dollar settlement for a plaintiff. The plaintiff described as a 35-year old athletic and healthy man visited a chiropractor after his collision and within six months was described as regressing to the point where he was losing his ability to walk without assistance. The plaintiff’s attorney made a demand to settle for $100,000 policy limits; however, the defendant’s insurance carrier Liberty Mutual denied. The original trial attorney demanded $100,000, the limits of the policy about a year after the accident, and in his demand informed the carrier that he thought the value of the case was in excess of $300,000. The lawyer worked diligently and as he described, tried to bend over backwards in an attempt to get Liberty Mutual to pay the contracted policy amount of $100,000. The insurance carrier continued to drag its feet requesting more and more information including plaintiff’s work history and medical records for the last five years. The attorney supplied the insurance company with full information and every opportunity to pay. The insurance company argued that the plaintiff’s medical condition was caused by a pre-existing condition rather than the car accident and also argued that another car accident in which the plaintiff had been involved two years earlier caused the damage. The plaintiff’s attorney continued to make new demands and in December 2010 demanded $3.5 million dollars, after which point Liberty Mutual offered their policy limits of $100,000 which was denied at that point. Thereafter in April 2010, another demand was made, this time for $5.5 million dollars. The insurance company again rejected the demand and proposed mediation and plaintiff’s lawyer said no. The insurance company’s attorneys asked for more time to review documents and depose experts.

News sources indicate that the insureds had to hire their own counsel to put pressure on their insurance company Liberty Mutual. Pressure by the insurance company to resolve the case was credited with boosting the settlement value.

Continue reading " $100,000 Policy Limits Turns Into $7.2 Million Dollar Settlement For Client Due To Insurance Carrier’s Foot Dragging During Settlement Negotiations In A Personal Injury Case " »

Over the last few months, the experienced Philadelphia car accident attorneys of Reiff & Bily have received much more than the normal amount of calls involving people leaving the scene of a car accident after they struck a pedestrian or another vehicle.

Last Saturday night, two people were struck when a car came onto the pavement and struck them from behind as they were walking home after a Saturday evening date. The driver got out of his car and then got back in and took off leaving the injured pedestrians to fend for themselves. Unfortunately none of the victims owned a motor vehicle and had no other health insurance.

Leaving the scene of an accident is commonly referred to as a hit and run accident. The penalties depend on the seriousness of the damage or injuries. Pennsylvania’s motor vehicle code treats accidents involving unattended vehicles, i.e. one’s without drivers or occupants as the least serious. The level of punishment escalates to a more serious offense when the other vehicle is occupied or a pedestrian is hit and injured. A hit and run car accident involving personal injury or death can receive a high level of punishment which may include a first degree misdemeanor punishable by up to five years in prison or if the victim suffers a serious bodily injury, the offender can be charged with a third degree felony carrying a mandatory minimum prison sentence of 90 days and a maximum sentence of up to 7 years and a minimum fine of $2,500. If the victim dies, the offense may still be classified as a third degree felony but the mandatory minimum sentence would be one year. It is also important to know that conviction for any of these offenses could result in suspension of a driver’s license.

Continue reading " There Seems To Be An Epidemic In Philadelphia Of People Leaving The Scene Of A Car Accident - Experienced Car Accident Attorney Weighs In " »

As an experienced Philadelphia car accident attorney, I was surprised to review data findings of a Philadelphia based automotive safety research project which concluded that children were half as likely to be injured in a car accident with their grandparents rather than their parents were driving.

As one who spends quite a bit of time on the highways and streets and has been a practicing car accident attorney for over 30 years in Philadelphia, after considering the results of the study and evaluating the results, I thought to myself that many more of the car accidents that I have litigated have involved younger people as well. The study concluded that there were several possible explanations for the better car accident safety record of grandparents versus parents driving. Grandparents have more time on their hands, are not as rushed, and not as stressed. Grandparents may not be multitasking rushing between work, dinner, and child activities. Grandparents do not speak on cell phones or text as much as younger drivers. Grandparents transporting grandchildren were less likely to be involved in an accident on roads with speed limits of 35 mph or higher. Of particular consideration is the average age of the grandparents in the study was only 58. According to statistics from the National Highway Safety Administration, there are more than 38 million American drivers beyond age 65 and overall this group of drivers has the greatest likelihood of being involved in an auto accident making the study findings even more surprising. The study also revealed that grandparents were also less likely to use child safety seats than were parents and more than a quarter of the grandparents used less than optimal child restraints, while 2% failed to use any at all.

The Philadelphia car accident attorneys of Reiff & Bily are committed to auto safety and have represented generations of Pennsylvanians since 1979. If you or a loved one has been involved in a Pennsylvania car accident, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com for a free, no obligation consultation.

Unfortunately another deadly bus accident has occurred in New York taking the lives of several innocent and unknowing victims. Over the last six months, there have been a series of bus crashes and near crashes involving the discount tour bus industry which has killed almost 20 individuals and catastrophically injured many others.

The experienced bus accident lawyers of Reiff & Bily are representing individuals and their families in one of the earlier fatal bus crashes and our investigative efforts have revealed a plethora of bus safety and driver training issues and problems. To reiterate the words of U.S. Senator Charles Schumer who is pushing for legislation to strengthen bus safety and driver training, “There isn’t a moment to spare when keeping bus passengers and drivers safe and informed”. As a bus accident and catastrophic injury attorney who deals with the almost incomprehensible tragedies that occur in the lives of otherwise innocent victims, it is evident that the bus industry is incapable of regulating itself when it comes to safety. The bus industry continues to emphasize profitability over safety and the growing epidemic of crashes over the last few months reenforces the need for strict legislation with teeth to address this terrible epidemic. We wholeheartedly appreciate the efforts of Senator Schumer and others committed in their fight to improve tour bus safety.

Reiff & Bily has recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group and together we have recovered over $2 billion dollars in verdicts, settlement, and awards for catastrophically injured victims and their families. We always offer a free, no obligation consultation. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com

Last week I investigated one of the saddest cases of my three decade car career as a Philadelphia vehicle product defectand Philadelphia car accident lawyer. The case involved a head on collision caused by another driver who was texting at the time of the accident causing the texting driver to swerve into the opposite lane of travel hitting another vehicle head on killing the young woman driver. Upon my investigation of the vehicles involved, I was surprised to see that although the vehicles were the same size, one of the vehicles had extensive crush and dashboard intrusion, and it also appeared that the driver’s seat came off of its track and was forced into the dashboard with the resulting impact forces. The other vehicle’s damage from the accident forces was minimal in comparison.

As an auto product safety lawyer who has successfully handled many vehicle product liability claims, one thing for certain is that there is a big difference in the safety of vehicle occupants depending on the type and manufacture of the vehicle. A simple recall history and investigation of the vehicle deemed non-crashworthy indicated that occupants of similar vehicles had sustained almost identical injuries to the driver and evidence indicated that the vehicle’s poor structural resistance and inability to perform well in crash testing. As our investigation continues, it is readily apparent that we will be pursuing a claim against the offending driver as well as against the automobile manufacturer for  design and manufacturing defects.

In my experience I have found that many attorneys handling car accident cases never look further than the obvious third party defendant or wrongdoer and fail to explore other options such as product liability and crashworthiness theories. The experienced Philadelphia car accident and auto product liability defect lawyers of Reiff & Bily have recently joined forces with the Beasley Firm to form the Beasley Reiff Law Group. Since 1958, our skilled product liability and car accident lawyers have been awarded billions on behalf of those catastrophically injured or wrongfully killed. We always offer a free confidential, no obligation consultation to those involved in car accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced biker and Pennsylvania motorcycle accident attorney since 1979, I understand that warm weather brings motorcyclists to our roadways, but unfortunately this is often coupled with catastrophic injuries and wrongful deaths in motorcycle accidents. Over the last month, over a dozen people were injured or killed on Pennsylvania highways in motorcycle accidents.

I started building and riding motorcycles in my early teens and had never taken a motorcycle safety course until I was in my late 40's as I thought I knew it all. Frankly, I hate to admit it but I thought the course was way beneath my skills and would be elementary and boring. However, I was pleasantly surprised regarding how much I learned regarding motorcycle operation and safety. Pennsylvania motorcycle safety program is sponsored fees paid when obtaining, renewing, or replacing a motorcycle permit license and many insurance companies will give you a substantial discount if you prove that you have completed the course. Courses will be offered from July 21st to July 24th, and July 28 to July 31st. Many of my clients and friends have told me that they have avoided many accidents with the skills they learned in the Pennsylvania motorcycle safety course.

The Pennsylvania motorcycle accident law firm of Reiff & Bily is committed to motorcycle safety and always offers a free, no obligation confidential consultation to those who are injured in a motorcycle accident. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As a Pennsylvania personal injury lawyer who has been litigating catastrophic injury and wrongful death cases for over three decades, I am very careful in my case selection process and always attempt to recognize a difficult or unrealistic client at the outset. While many individuals may sustain a catastrophic injury or wrongful death, often personal injury cases involve complex legal issues and liability may not always be what it appeared to be at the initial meeting with the client. Obviously each party has their own bias or prejudice as to their version of the case, and as the case proceeds through discovery, additional facts are uncovered which may benefit one party to the detriment of another.

Plaintiffs and their attorneys have the burden of proof and often clients mistakenly listen to relatives or other non-involved lawyers who unrealistically evaluate a case without the complete knowledge of the facts. Of course, the jurisdiction is an important consideration in case evaluation and although someone may be injured through the fault of someone else or a negligent product, it is not the law’s job to guarantee a retirement check either. Many attorneys make the mistake of providing a client with unrealistic expectations at the outset which is something that I will never do. Many times a client’s email address will reveal something about the client’s character and cause me to decline the client. Such an example would be someone who had the email address something to the tune of “angryattheworld.com”. Whenever the client asks me at the initial meeting how much their case is worth rather than express concern about the recovery from injuries, a red flag goes up. Another red flag is a client who has gone through many lawyers and has something negative to say about each one before calling us. I fully believe that this client will never be happy and will have unrealistic expectations and will be at another lawyer’s office having something negative to say about myself and our staff no matter how hard we try to aggressively represent the client’s interests and keep that client informed and happy.

Continue reading " How The Unrealistic and Difficult Client Can Destroy Their Own Legal Case Opines Pennsylvania Catastrophic Injury and Wrongful Death Lawyer " »

According to a story published on July 13, 2011, recent research conducted by an independent company in the United States uncovered a number of car owners who claim that their sports cars were being used for farm use in order to save money for car insurance. Investigators revealed that owners of sports cars such as Ferrari, Porsche, and Audi registered their vehicles as farm vehicles and were benefiting from discounts up to 20% on car insurance policies. The insurance industry claims to have lost approximately $159.00 a year and has called for outside investigations to start verifying data supplied by policyholders. Obviously if the policyholder represents the car is being used as a farm vehicle, the insurance company would think there is less of a risk and that it was statistically less likely to be stolen or involved in a road traffic accident.

As an experienced Philadelphia car accident attorney for over three decades, I can say without question that insurance companies will look for any and all excuses to avoid paying claims in a delay, deny, and defend manner. I am currently involved in prosecuting a claim against an insurance company who is refusing to pay benefits due to the fact that a vehicle was registered for corporate purposes and being driven for personal business. Insurance companies continue to increasingly stonewall and low ball car accident claims and instigate fraud investigations at the drop of a hat. The advice of this experienced Philadelphia car accident lawyer is to always tell the truth and make accurate representations to your insurance company when insuring your vehicle if you want to get paid if your vehicle is in a car accident.

www.reiffandbily.com

I recently had the occasion to attend a church meeting where the latest church outing and tour was being promoted to congregants. Basically when I learned that tour members from the church would be transported in a 15-passenger van, I became extraordinarily concerned.

The experienced 15-passenger van rollover and catastrophic accident lawyers of Reiff & Bily understand from experience that the 15-passenger van may be one of the most deadly and potentially dangerous and deadly vehicles on our highways as they suffer from a multitude of alleged design defects. Almost every summer, we learn of new catastrophic traffic accidents involving churchgoers, tour groups, and students who are unknowing about these defects and dangers of the 15-passenger vans until it is way too late. Many times, 15-passenger vans are operated by church groups or tour groups and driven by inexperienced and untrained drivers, and due to their design have a significant risk of rollover. 15-passenger vans when loaded have a very high center of gravity and design defects create unsafe conditions and instability in accident avoidance maneuver or if there is a tire failure or blowout.

Extensive research done by the experienced 15-passenger van rollover and van accident lawyers of Reiff & Bily and other prominent 15-passenger van attorneys throughout the United States has indicated that manufacturers knew of defects yet continued to sell vehicles due to high profit margins despite minimal expenditures despite defects. Approximately 30 American states prohibit schools or daycare centers from using 15-passenger vans and I will not let my own children or friends that I care about travel in one of these. As Louis Pasteur once famously was quoted as saying “chance favors the prepared mind”, and being an advocate and stalwart of consumer safety, if you are aware of the dangers of this vehicle, do yourself a favor and take another means of transportation.

Continue reading " Can Tour Groups and Church Groups Prevent Accidents Before They Occur? - Experienced 15-Passenger Van Rollover Attorney Thinks So " »

As an experienced Philadelphia car accident attorney many times the facts reported by the police, parties, or witnesses are not always as they appear to be. A complex automobile or motor vehicle accident where one has sustained a catastrophic injury or wrongful deathcalls for careful accident reconstruction and forensic analysis. Many portable navigation devices such as Garmin, Magellan, and iPhone are capable of recording geo referenced data such as trip routes, waypoints, destinations, times, and speed.

An experienced car accident attorney will work with forensic experts to access and analyze data stored in these devices. Additionally, an experienced car accident or motor vehicle accident attorney will want to forensically retrieve and review data recorders in passenger vehicles and commercial trucks. The best car accident attorneys will never assume the accuracy of facts as indicated by the opposition or on the police report and will perform their own independent analysis to assure the accuracy of the investigation.

The experienced car accident attorneys of Reiff & Bily know very well that many times police reports are incomplete and inaccurate and that defendants and independent witnesses have skewed perceptions of the events leading up to the crash. The best Philadelphia car accident attorneys always offer a free, no obligation consultation. For over three decades the skilled and experienced accident attorneys of Reiff & Bily have represented generations of Philadelphians and Pennsylvanians and have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded over $2 billion dollars since 1958. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Any Philadelphia dram shop lawyer will tell you that drunk driving in Pennsylvania is one of the most dangerous things a person can do. It not only puts their own life at risk, but also the lives of anyone in their car and others on the road. It is shocking to learn that almost 30 individuals are killed every day in car crashes that involve an alcohol-impaired driver, according to the Centers for Disease Control and Prevention (CDC). This means that approximately every 48 minutes, one person will die because another chose to drink and drive. What is also staggering is that these entirely preventable fatalities and accidents amount to over $51 billion in costs each year.

It only takes one person driving while drunk to ruin the lives of many. The 4th of July weekend unfortunately brings with it alcohol consumption that often takes to the road when a person decides that they don’t really value their own life enough to call a friend to pick them up or call a taxi. But this type of recklessness has far-reaching effects. Approximately half of the 181 child passengers aged 14 and younger who were killed in alcohol-impaired driving accidents were actually riding in a vehicle with the alcohol-impaired driver.

The dangers of drunk driving aren’t myths. There are real risks involved. Almost one-third of all traffic-related fatalities in the United States in 2009 were caused by alcohol-impaired driving with 10,839 people being killed.

Do your part by not drinking and driving over the 4th of July weekend or at any time! Also, talk to your friends and family about it to make sure that they stay safe as well. Have a safe holiday everyone!