Philadelphia Car Accident Lawyer Blog

Traffic was at a standstill Monday morning on the New Jersey Turnpike. Two tractor-trailers and a pickup truck towing a horse trailer collided before sunrise, trapping the pickup truck driver for hours. The accident happened in Robbinsville, Mercer County along the southbound lanes of the turnpike near Route 195.

While the cause of the accident has not been determined yet, police say a red pickup truck hauling horses was rear-ended by a tractor-trailer around 5:30 a.m. This drove the pickup into and under the tractor-trailer in front of it and pinned the driver for almost three hours. He was eventually freed from the wreckage by rescue workers and is expected to survive. The three others in the crash were all treated with minor injuries and the horses, after being tranquilized from the shock, are all recovering and fine.

Tractor-trailer accidents are all too common and very dangerous. Each year, negligent operators of large trucks seriously injure or kill thousands of pedestrians, drivers, and motorists. Large trucks weigh over 10,000 pounds, which makes them disproportionately deadly because of this large amount of weight compared to a standard compact car. While tractor-trailers constitute only three percent of all registered motor vehicles in the United States, they cause over 25 percent of all deaths in motor vehicle collisions. The force of a large truck striking a car or motorcycle can be catastrophic. The injuries sustained in truck crashes are usually serious if not fatal.

This tractor-trailer accident occurred because of rear-end impact that caused the three-car collision. But what led to the tractor-trailer crash occurring in the first place? Luckily the accident occurred in the early morning hours, which means that fewer cars were on the road so less people were impacted by the crash or injured because of it. However, the early morning hours bring concerns when accidents happen.

During the early morning hours, tractor-trailer drivers get tired and often they are overworked and on a tight schedule. To get to the next stop on time, driver’s push their own physical limits and take risks by driving when they are not completely focused and suffering fatigue. Additionally, not all drivers are knowledgeable about how to drive tractor-trailers or other types of trailers appropriately. Drivers may have forged documents or might not have all the experience that the represented they had at job interviews.

The experienced Pennsylvania trucking accident law firm of Reiff and Bily has spent the last twenty years investigating the causes behind tractor-trailer accidents and car accidents. Truck drivers are only legally allowed to drive a certain number of hours a day; if they violate this, an injured person may be able to recover compensation from them. If the cause of the tractor-trailer accident was a poorly maintained vehicle, then recovery may also be possible. Tractor-trailer accidents can lead to serious injury and it’s important to find the causes behind why they occurred so they do not continue to happen so frequently.

If you or a loved one has been the victim of a tractor- trailer accident, you may be able to hold the driver or the trucking company liable for harm caused by their negligence. Contact the tractor-trailer accident attorneys at Reiff and Bily for a free consultation to find out if recovery is an option for you. Time is of the essence, please call 1-800-421-9595 or contact us online at reiffandbily.com.

The U.S. Court of Appeals Third Circuit recently ruled that a car accident caused by a box on the road which may have fallen off of a “ghost vehicle” is enough to invoke an insurance policy’s uninsured motorist coverage. The case involved a situation where a driver of a car hit a box which was sitting in the middle of a road. It was assumed that the box in the middle of the road could have only landed there by falling off a car. The uninsured motorist policy required that injuries from hitting a box “arose out of the ownership, maintenance, or use of an uninsured auto”. This decision by the Third Circuit Court of Appeals reversed a decision from the Western District of Pennsylvania and Allstate Property and Casualty Insurance Company vs. Squires. Physical contact with an uninsured vehicle is not required for an accident to arise out of the use of an uninsured vehicle. The Court noted that Pennsylvania’s Motor Vehicle and Financial responsibility Law should be liberally construed to provide the greatest possible coverage to injured claimants and close cases should go in favor of the claimant.

In the last two years, I have been entrusted with the representation of several individuals who sustained some of the most unimaginable catastrophic injuries that will dramatically affect them for the rest of their lives as a result of short cuts and corner cutting by low cost bus services which sacrificed safety in the name of profits.

The Double Happiness Bus Company regularly transports passengers on the northeast corridor making stops in Philadelphia, Washington, New York City, and Albany, New York.

In December, the U. S. Department of Transportation declared Double Happiness a “eminent hazard to safety” after federal review found numerous safety violations in hours of service, vehicle maintenance, and controlled substance and alcohol testing. It was interesting to note that in our representation of individuals in some of our cases we had to pursue a complicated web of corporate shells and identities before we were able to discern the appropriate and responsible corporate and individual entities that are operating these buses.

When a passenger boards a bus, he or she has every right to expect that the bus will be properly inspected, operated safely, and not operated by an over-fatigued, alcohol or drug induced intoxicated driver. One has a rightful expectation that the bus will be regularly and safely maintained.

The experienced Pennsylvania bus accident lawyers of Reiff and Bily salute the efforts of federal officials in obtaining a court order against the Chinatown bus company, as well as salute every continual effort that federal and state agencies utilize at their disposal to protect the traveling public and remove unsafe bus companies and commercial carriers from our highways. On a side note, it should be stated that the restraining order against the Double Happiness Bus Company cited four violations of controlled substance and alcohol use, including two drivers who had failed pre-employment drug tests. Additionally the company had filed 49 false driver reports and violated several inspections and maintenance regulations. I have voraciously argued for enforcement of common carrier rules when it comes to the substandard bus companies and believe that one must stand for something.

If you or a loved one has been a victim of a common carrier or catastrophic bus accident, our experienced investigators and legal experts are always glad to offer a free, no obligation consultation and a zero recovery, no fee guarantee.

When you think of pulling a U-Haul trailer, one thing you probably never ever consider is that many SUV’s including but not limited to the Ford Explorer may be one of the most unsafe vehicles to hitch a trailer to. U-Haul International, the nation’s largest provider of rental trailers claims to be highly conservative when it comes to safety, however, U-haul has known for several years that there is a potentially unsafe and dangerous situation that existed with a combination of the two.

In 2003, U-Haul banned towing of its trailers with Ford Explorers due to the fact that trailer sway (the leading cause of towing accidents) caused the driver to lose control of the SUV in a tail wagging the dog manner often causing a catastrophic vehicle rollover. Driving downhill, making a sharp turn, or even a gust of wind, can cause the trailer to swing so violently that even the most experienced drivers have problems regaining control and avoiding a catastrophic accident.

Despite U-Haul’s policies, we have discovered that customers are still pulling trailers as heavy or heavier than their own vehicles. Simply stated, this is an accident waiting to happen. Many times these trailers go months without thorough safety inspections which clearly is a violation of the company’s own policies.

Many trailers have problems with brakes and are towed by people who have little if any knowledge about loading or towing trailers. Many renters of trailers are given little or no instructions about loading or towing trailers, and in an accident avoidance maneuver, many drivers pulling a trailer take instinctive and reflexive actions to avoid an accident scenario which can make the swing worse and contribute to the accident. Yet, when an accident occurs, the trailer company almost always blames the customer or driver, noting “driver error”.

It’s conventional wisdom that products, cars, and trailers should be safely designed, and that their operators should receive proper instructions prior to operating them. Too many times trailer towing companies fail to fully explain the necessary safety requirements to the novice and inexperienced trailer renter. It is imperative that when towing a trailer the towing vehicle must significantly outweigh the trailer. The U-Haul trailer rental company is well aware of the risks of a run away trailer rollover accident and has been sued countless times for wrongful death and personal injury. Additionally U-haul has repeatedly failed to properly maintain its fleet of close to 20,000 trailers in a proper and safe condition, and address the weight distribution issue, not adding adequate safety devices to prevent trailer sway

U-Haul still remains one of the only company’s in American that allows customers to rent its trailers and pull them behind an SUV, whereas many of U-Haul’s competitors, recognizing the weight distribution problem, requires customers to pull the trailers with a heavy six wheel vehicle. In fact, U-Haul’s fleet of trailers used to have a decal affixed that stated for use behind six wheel vehicles only. However the company changed the policy seemingly stressing profitability over safety in continuing to rent trailers to customers with SUVs. U-Haul’s only clear policy, that I am aware of, states that customers are prevented from using Ford Explorers to pull their trailers. However, U-Haul trailers are still unsafely being pulled behind many other SUV’s and four wheel vehicles.

Until you have come face to face with the victims and their families of a catastrophic rollover, one cannot understand the devastation that occurs when a company that is aware of dangers continues to stress profitability over safety.

The vehicle rollover and defective trailer accident lawyers of Reiff and Bily understand that one must always stand for something or you will fall for anything, and that safety rather than profits always must be priority number one. If you or a loved one was the unfortunate victim of a vehicle rollover or defective trailer accident, let one of our experienced vehicle rollover and defective trailer attorneys offer a free, no obligation consultation. We are committed to vehicle and consumer safety and always offer a zero recovery, no fee guarantee. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

In most of our cases where a victim has sustained a traumatic brain injury (TBI), the attorney for the defendant and their insurance companies always try to negate the injury or in severe cases greatly minimize the consequences. Unfortunately, the issue of traumatic brain injury goes beyond each individual case, the victim, and the betrayer.

In the early 1990’s, the United States government began to publish studies of traumatic brain injury and traumatic stress. The studies sought to clarify the impact of traumatic brain injuries on a victims everyday life. The National Institute of Health, the world’s largest government sponsored research institute spends approximately $80 million dollars on (TBI) traumatic brain injury research which has concluded that most people who sustain a traumatic brain injury will suffer lasting damage to their short term memory and problem solving abilities. The prognosis and diagnosis of traumatic brain injury is generally confirmed by objective and subjective testing administered by a neuropsychiatrist over a period of a few hours or days. Traumatic brain injury occurs at various levels and involves an injury to the brain due to a sudden trauma. Many times unfortunately, TBI often goes undiagnosed.

The major causes of TBI (traumatic brain injury) are a motorcycle accident, car accident, truck accident, bicycle crash, or an explosion blast very close to the head. Millions of people in the United States sustain some form of TBI each year. However, most people with mild TBI do not go to the emergency room or ever report these injuries to their doctor. Common symptoms caused by a TBI (traumatic brain injury); are headaches, ringing in the ears, mood changes, trouble remembering or inability to concentrate for long periods of time, depression, affectation of sleeping habits, anxiety, lethargy, and the inability to enjoy routine events daily. Many of our clients have reported feelings of guilt, worthlessness, or thoughts of suicide. In almost all cases involving TBI, the insurance company or lawyer for the defendant will hire what we refer to as a “paid painted lady” expert to vigorously refute all claims of TBI as they attempt to vigorously defend mostly all of these claims and boldly pronounce the findings as “nonsense”. Traumatic brain injury is the “real deal” as recognized by the United States government and other prominent medical scholars.

If you or a loved one has sustained an injury to your head, or has been a victim of any of the accidents stated above, it pays to contact an experienced traumatic brain injury lawyer for a free, no obligation consultation. The experienced Philadelphia car accident and defective auto product liability lawyers of Reiff and Bily have over 30 years of experience successfully representing traumatic brain injury victims and making sure that their claims are heard and understood. If the federal government and scholars think that TBI is a big deal, we will not let the insurance company or their representatives minimize it and tell you that it’s not. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As the parent of three boys, two of whom have progressed through the teenage years, I have always expressed a concern for poor decision making by young and inexperienced teenage drivers. After handling catastrophic automobile accident cases in Philadelphia for over three decades, some of the most serious and catastrophic accidents have been caused by teenage drivers. Unfortunately many teenagers still continue to operate vehicles while texting or under the influence of drugs or alcohol, oblivious to the criminal and civil penalties that await them or their parents if an accident should occur.

Distracted driving remains one of the leading causes of horrific car accidents in Pennsylvania and America today. My father used to tell me routinely that an inexperienced driver behind the wheel of a powerful vehicle can be just as dangerous as a man with a gun, not to mention what occurs if we add intoxicating substances into the mix. Unfortunately many teenage drivers feel they are experienced and know more than their parents and yet over and over in depositions, it amazes me how many teenagers and their parents lack a sense of responsibility or culpability after an accident occurs.

Each year over 5,000 teens will die from injuries caused by car crashes and more than a half a million teenagers will sustain injuries serious enough to require emergency treatment according to the U.S. Center for Disease Control and Prevention.

As an experienced Philadelphia car accident attorney and a parent, I reach out to all of my readers to educate their children and friends on the dangers associated with distracted driving and teenagers. If you or a loved one has been injured as the result of a car accident, please contact one of our experienced Philadelphia car accident attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

How many times have you been driving down a highway or street when someone cuts in front of you at a high rate of speed and you narrowly avoid an accident. If you avoid an accident you are one of the lucky ones because many times fatal and catastrophic injuries are caused by unsafe driver actions such as an improper or erratic lane change.

In a study prepared for the AAA Foundation for Traffic Safety by Lydia P. Kostyniuk, Frederick M. Streff, and Jennifer Zakrajsek of the University of Michigan Transportation Research Institute unsafe driver action conditions that were most likely to cause fatal crashes between cars and trucks were addressed as well as the identification of strategies for educating motorists in safe driving practices. (http://www.aaafoundation.org/pdf/CarTruck.pdf). While the study is limited in that it did not address non-fatal crashes, single vehicle crashes, or crashes involving more than two vehicles, the study identifies probability and analyses techniques realizing information about pre-crash actions of drivers based upon police observations, post-crash scene, and unsworn testimony of survivors and other witnesses. The study concluded five likely factors contributing to an accident:

1. Failing to keep in the lane;

5. Inattentive or distracted drivers.

Additionally four factors out of 94 were found to be more likely to occur in fatal car/truck crashes than in fatal car/car crashes:

1. Following improperly;

2. Driving with vision obscured by rain, snow, fog, sand, or dust;

3. Drowsy or fatigued driving;

4. Improper lane change.

The study noted that drowsy or fatigued driving and following improperly were more likely to be reported for male than female car drivers, car drivers in crashes where their vision was obstructed tend to be older than other drivers, car drivers who were drowsy/fatigued were likely to be younger than other drivers, and younger drivers were more likely than older drivers to follow improperly, speed, and use alcohol or drugs.

The experienced Philadelphia car accident and Philadelphia truck accident lawyers of Reiff and Bily have joined a national campaign to educate students and drivers in safe practices and must emphasize that mistakes or erratic driving or erratic changing of lanes often comes at a cost with serious consequences.

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In another move of attempted economic muscle and intimidation, many of the nation’s largest insurance companies have informed their policyholders and customers that they will refuse to insure their automobiles unless they also bundle the coverage with homeowner's insurance coverage. Of course, major car insurance companies claim that this will enable them to deliver better service. However, as an experienced Philadelphia car accident lawyer familiar with the intimidating tactics of many of the insurance companies, I can assure you of one thing, the most likely and only motive is to improve the profitability of the stockholders bottom line.

Recently, Robert Hunter, a Director of Insurance for The Consumer Federation of America stated that insurance companies were “simply cherry picking more lucrative customers who can bundle their home and auto insurance with the company.” Many attorneys and insurance experts believe this newly appearing activity regarding bundling by the insurance companies may be a violation of state insurance laws and constitute an unfair trade practice in many states. Based on my experience as an insurance claims, Philadelphia catastrophic injury, and car accident lawyer, the average consumer has a very limited idea of the insurance laws, available coverage, and preferred policies and is easy prey for savvy insurance company sales agents. I believe that the only reason a consumer should bundle home and auto coverage would be to save on out-of-pocket premiums and believe that most customers should carefully shop, review, and analyze their alternatives when purchasing insurance. Make sure that you get a couple of quotations on insurance premiums from different insurance companies and don’t just assume that you have to bundle your coverage.

The experienced Philadelphia car accident and insurance claims lawyers of Reiff and Bily always offer a free, no obligation insurance policy checkup, and are always glad to review your policy with you to make sure that you are not taken advantage of by the almighty insurance companies and their sales forces who seemingly exercise concerted efforts to put profits over policyholders’ interests. Make sure that you have purchased the proper car and home insurance coverage so it is available when you need it.

As the CEO of a major insurance company once said “Our obligation is to earn a return for our shareholders.” Unfortunately that dedication to shareholders interest may come at the expense of policyholders.