Philadelphia Car Accident Lawyer Blog

In a hotly contested legal battle in Sacramento, California, a jury awarded three plaintiffs $73 million in a lawsuit claiming that the Ford Motor Company was negligent and exhibited “despicable conduct” as well as “maliciousness or oppression” over their failure to warn customers and dealers that it had a defective tire on a 15-passenger E-350 Econoline van which plaintiffs claim was unsafe in its own right. Like many other 15-passenger van rollovers, an innocent group of churchgoers fell victim to the dangers of 15-passenger vans as the van skidded off an interstate highway after a right rear tire tread separated. Trial evidence revealed that Ford had knowledge of the tire defect as they had been contacted by Goodyear Tire and Rubber Company, and despite knowledge of the defective tire, never made an effort to contact dealers and customers. Like many other 15-passenger van rollover cases, the Ford Motor Company hired attorneys who attempted to point the finger of blame at everyone else and called the awards unfair despite the fact that this knowingly dangerous van series has been the subject of numerous federal advisories. The $73 million award also includes $50 million in punitive damages.

As an experienced 15-passenger van attorney, I understand and know that 15-passenger vans are death traps in certain situations and perhaps one of the most dangerous vehicles on our highways. Since 1982, there have been more than 740 rollovers recorded which have resulted in close to 1,200 deaths. As the mother of one of my young clients who was recently killed in a 15-passenger van rollover case asked, “Why is it that people who continue to do the right thing and follow the way of God continue to be killed or catastrophically injured when the auto manufacturers, component manufacturers, and tire manufacturers who have knowledge of the dangers inherent in these vehicles continue to manufacture them placing the interests of corporate bottom line profitability for shareholders above passenger safety?”

I hope that this verdict rings loud in the ears of the manufacturers who continue to manufacture these defective machines of transportation and also brings notice to other innocent victims the inherent dangers of 15-passenger vans. Hats off to plaintiffs’ legal team.

I recently had the opportunity to review a situation where a passenger in a car was severely injured after the driver hit a deer, swerved, and then hit a tree. Many lawyers might argue that the sudden appearance of a deer raises a defense known as the “sudden emergency” doctrine. An experienced Philadelphia car accident lawyer would argue that drivers of all vehicles have an obligation to keep their car under control at all times and when driving through a wooded area where there is or should have been notice of deer crossings, the driver of the vehicle should have proceeded cautiously. In order for the driver of a vehicle to be held negligent and liable for injuries suffered in a car accident, the plaintiff has a burden to prove that the driver of the vehicle was driving in a thoughtless or careless manner which caused harm or injury to another.

Each car accident case is unique and must be skillfully tailored to the specific circumstances of each unique fact pattern. The experienced Philadelphia car accident lawyer must demonstrate that the offending party or driver breached what is known as “the duty of reasonable care” which means that if the defendant’s behavior is not necessarily similar to how a reasonable person would have acted under the circumstances, an argument can be made that there was a violation of the duty of reasonable care.

Every year there will be 1.5 million car accidents caused by deer on the highways. Many suburban neighborhoods of Philadelphia and throughout the Commonwealth of Pennsylvania have been noted to have too many deer. As I live in a wooded suburban area of Philadelphia, there is almost not a day that goes by that I do not see deer in the woods or on the side of the road, and of course, I normally exercise due caution in these locations. Violent collisions with a deer by an automobile or other motor vehicle is often the cause of catastrophic injuries and fatalities, not to mention extremely high property damage repairs. Pennsylvania tops the chart for the highest number of deer related automobile accidents. Since every case is unique, a Philadelphia car accident lawyer should always think outside of the box and consider all circumstances surrounding the accident in determining whether or not there is an appropriate claim for negligence and resulting liability. Many times, a product liability legal claim may underlie the actual striking of the deer due to the failure of a safety restraint or airbag defect.

Since 1979, the experienced Philadelphia and Pennsylvania car accident lawyers of Reiff and Bily have successfully litigated thousands of motor vehicle and car accident cases and always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Believe it or not, a recent survey indicated that over 78% of all drivers are improperly seat belted in their vehicle with improper shoulder belt position which means that in the event of an accident, the seat restraint systems will not perform as they were designed to prevent injury or death. When I first started to drive, I very rarely used a seat belt and as I have been practicing catastrophic motor vehicle accident law and automotive defect law with a concentration on airbag defects and seat back defects, I have learned that it is extremely important to always use a seat belt, as well as properly determine that the seat belt is properly positioned. Many people may not be aware of proper seat belt positioning and may not understand the likelihood of serious and permanent injuries that result from an improper seat belt fit. In many seat belt defect cases that we are called upon to investigate, manufacturers will initially try to state that the victim was not wearing a seat belt and then thereafter, if we can prove that a seat belt was worn, that they will many times try to argue that the seat belt was improperly positioned and the resulting injuries were due to a fault of none other than the victim. Even worse yet, if a child is injured, many defense attorneys will point the finger at the parents, claiming that the parents allowed the child to ride with a belt behind their back or under their arm or against their face and this situation naturally caused the injury.

A properly positioned seat belt is one that should be snugly fitted against the strongest areas of the body. Position seat belts low enough across the hips and pelvis and never across your stomach, particularly if you are pregnant. Position shoulder belts across the chest and across the hips and pelvis and never against the front of the neck or face or under the arms. Allow no more than one inch of slack in shoulder belts and always sit erect with the seat back straight as safety belts cannot work and cause injury in a crash if the seat back is reclined, if your back is away from the seat or if your legs are curled beneath you. It is important to have specially designed child safety seats to protect small children and infants.

The experienced seat belt defect, airbag defect, and Philadelphia car accident lawyers of Reiff and Bily are committed to automobile and motorist safety. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia car accident lawyer, I salute the Pennsylvania Senate for passing a bill that would make texting while driving a crime. Unfortunately, although I have been a crusader against texting and talking on a cell phone while driving, 17-year old Alexis Summers was killed just hours after the Senate passage of the bill when she crashed into a tree while texting. Our hearts and prayers go out to the family of Alexis Summer, and as the father of a 17-year old teenage boy, I confess that such activity is one of my biggest fears as a parent.

According to news sources, the 17-year old female driver lost control of her vehicle while texting and then proceeded to go over a grass embankment and slammed sideways on the driver’s side into a tree. She was pronounced dead at the scene. The Pennsylvania no texting law will go into effect in Pennsylvania 120 days after signed by Governor Corbett.

As deaths among teenager drivers in car accidents rank among the highest in the Commonwealth of Pennsylvania and throughout the United States, it is my sincerest hope that this legislative action will bring us another step closer to reducing deaths caused by teenagers texting while driving.

The experienced Philadelphia car accident lawyers of Reiff and Bily are committed to automotive and motorist safety, and have represented tens of thousands of Pennsylvanians since 1979. We always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Since 1979, the experienced Philadelphia car accident and auto product liability and automobile defect lawyers of Reiff and Bily have handled tens of thousands of car accident cases. Over the three decades of our legal practice, we began to notice more and more significant injuries and deaths to victims due to seat belt failures, airbag defects, tire defects, as well as seat back failures and motor vehicle crashworthiness issues. While many attorneys look for the easy “A” and fail to explore issues beyond normal negligence theories, we began to pioneer inroads into auto defects, automobile manufacturer failures, and design defects which resulted in significant catastrophic injuries and wrongful deaths. Of course, the learning curve was significant and the costs were quite expensive. However being curious lawyers committed to the best interests of our clients, we understood that there were many puzzles to be solved, and since have successfully resolved many cases against not only offending third party defendants or negligent automobile drivers but also against the automobile manufacturers and automobile component manufacturers as well. We practice car accident law with the same degree of intensity required for the most complex cases. We understand that when you put your mind to it, it can be done and further understand that chance always favors the prepared mind.

The Philadelphia car accident lawyers of Reiff and Bily are committed to automotive and motorist safety and always offer a free, no obligation consultation and a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over thirty years, our office has represented many victims and their families who have suffered catastrophic injuries and wrongful deaths due to car accidents caused by black ice on the highways. I live in the suburbs of Philadelphia and have a 17-year old son who travels to school early every morning as a relatively new driver. I am sure that my son has never had an experience with black ice, and recall an incident that occurred when my oldest son who is now 30-years old skidded through a stop sign on black ice approximately a month after he learned how to drive. Yes, Halloween can be scary enough for young kids, but when the first frost comes and moisture joins it as a partner and creates a black ice situation, the fear reality should strike with even greater magnitude than a scary Halloween. Black ice, also known as glare ice, is really nothing more than a thin layer of ice on the roadway that occurs when there is moisture in the air and temperatures are below freezing. When you travel over certain spots and go to apply your brakes, you lose traction and the car has a tendency to shift to the left and then right, or proceed dangerously into an object in front of it. This typically happens and occurs when you least expect it and is often the cause of car accidents that were avoidable with the proper use of caution. Many times black ice is not glossy like typical ice and has a dull appearance making it almost invisible. The moral of the story is, if it is a cold day and there is moisture, take some extra precaution. Even if you have a four wheel drive vehicle, it does not mean you are immune to black ice.

The Philadelphia car accident lawyers of Reiff and Bily are committed to motorist and automotive safety and have successfully handled thousands of car accident and auto defect claims since 1979. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

In 2004, a 15 passenger church van rolled over. The plaintiffs’ lawyers representing the deceased victims argued that the Ford Motor Company knew that the vehicle had faulty tires but refused to do anything about it. Plaintiffs’ attorney stated to the jury “the evidence is uncontested that Ford made a conscious decision to not communicate information to dealerships and they made a conscious decision not to tell their customers.” The facts of the case alleged that a tread separation and tire defect of the van’s rear right tire, manufactured by Goodyear, caused the accident. Plaintiffs’ attorney claimed that Ford (the manufacturer of the 15-passenger 1993 E-350 Ford Econoline van) knew about the recall and was negligent for never informing its dealers or customers. However, not so surprising in this case, is the fact that Ford claims the deaths of the driver and passenger was due to their not wearing seat belts. The case has not yet gone to the jury.

As an experienced Pennsylvania 15 passenger van and SUV rollover attorney who has investigated and litigated many rollover claims involving tire defects over the years, one thing is for certain, that these vans and SUVs have a higher center of gravity and when fully loaded become very unstable if a tire should experience a blowout due to a defect or the driver enters into a sudden accident avoidance maneuver. I trust that the jury will carefully evaluate all of the evidence and render a just verdict in the California courtroom where this case is being tried. Our hearts and prayers go out to the victims and their families.