Posted On: March 30, 2012

How Does a Trial Lawyer Prove that Texting and Talking On a Cell Phone while Driving Can Lead to Catastrophic Injuries or Death?

As an experienced Philadelphia car crash lawyer, over the past few years I have been concerned and have written about the issue of distracted drivers as it seems obvious to most that the person chatting on a cell phone or texting while driving often causes catastrophic consequences in a vehicle accident.

Unfortunately, many jurors still feel that they are able to chat on a cell phone or text while driving as evidenced by the number of individuals who continue to do so despite the passing of laws making such behavior unlawful.

In car accident cases in Pennsylvania that result in catastrophic injury or death, we always address the issue of the defendant’s cell phone and text usage in the minutes leading up to the crash and consider retaining experts in the field of human factors, ergonomics, and safety to simplify and explain to jurors why such behavior is unsafe and how it contributed to resulting injuries or death. A good human factors expert should be able to explain in understandable terms how humans interact in their environments and how an increased risk arises due to certain behaviors. Many times this is helpful in explaining a particular risk to others who are unable to perceive the same.

What seems obvious to one individual may not be obvious to another, and as always in the trial of any case, each individual brings to the courtroom their own perceptions of reality and understanding.

The knowledgeable PA auto accident attorneys of Reiff and Bily believe that a skilled motor vehicle accident lawyer should consult and retain expert witnesses for accidents involving human errors in vision, perception, attention, and lighting interfaces, and general driving conditions. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 28, 2012

Many People Criticize Personal Injury and Car Accident Lawyers Until They Submit a Claim and Begin an Often Endless Waiting Game

When you are in a car accident or sustain an injury due to the fault of another, one innocently assumes that the justice system will prove to be fair and effective. Unfortunately, many times this is not the case and you are at the mercy of insurance company adjusters and their superiors who engage you in a waiting game in their attempt to deny, delay, and defend paying what is rightfully yours.

Do you remember when you use to play dodge ball in elementary school? Well, it seems that the claims process today is very similar with insurance company adjusters and staff attorneys attempting to throw every obstacle in the victim’s path to justice and strike your claim down. While many politicians and insurance company representatives and lobbyists are quick to point the finger at “greedy doctors” and “greedy lawyers”, insurance companies and their executives continue to have banner years of profitability.

The skilled Pennsylvania car accident injury lawyers of Reiff and Bily understand that it is important for victims of car accidents and premises liability claims to have an experienced trial counsel on their side to ensure that they can obtain maximum justice in Pennsylvania courtrooms fighting against the powerful corporations and insurance interests. Many times, it is incorrect to assume that you can properly resolve a case fairly on your own.

Posted On: March 27, 2012

Bus Accident Safety Advocate Suggests an Explanation for Increase in Deadly Bus Crashes

bus-speeding-5980583.jpgAs an experienced Philadelphia bus accident attorney, I have recently noticed an increase in the number of bus accidents occurring not only in Philadelphia, but across the entire country.

While bus accident investigators are quick to blame these accidents on undertrained or overworked drivers, I believe the recent rise in the number of bus accidents may be related to a bus or vehicle defect involving the drive shafts used by manufactures building these buses.

The National Highway Traffic Safety Administration (NHTSA) has been investigating Motor Coach Industry buses for the past 20 years, finding that the drive shafts on the MCI D series buses have on occasion fallen out of buses causing bus drivers to lose control of the bus right before an accident.

The NHTSA probe covers an estimated 4,000 MCI D-Series buses with a steerable rear axle currently on the road. NHTSA has reported that the drive shafts on the MCI buses can fall off and damage the bus breaking system. Innocent and unknowing bus passengers have no idea of the risks they are facing when they step foot on one of these defective buses. Recently, an Americanos USA bus operated by Greyhound crashed on Interstate 37 near San Antonio, killing two and injuring 40 others.

Bus experts investigating potential defects involving these drive shafts have concluded that while drive shafts rarely completely fall off a bus, a loosely attached or hanging drive shaft bus drive shaft can be just as dangerous. A hanging drive shaft can snag on the roadway, resulting in a bus rollover accident.

We believe that the bus industry and federal regulators must more closely regulate the condition and safety of their vehicles and passengers and start protecting their passengers.

If you or a loved one has been injured in a bus accident that was believed to be the fault of the driver, or you were involved in a bus rollover, it is important you consult with an experienced bus defects lawyer who is familiar with potentially defective bus drive shafts. Contact the experienced bus accident attorneys at Reiff and Bily for a free consultation to evaluate your injuries and claims at 1-800-421-9595 or online at www.reiffandbily.com. We have over three decades of experience investigating commercial bus accidents and prosecuting claims on behalf of bus accident victims and their families.

Posted On: March 26, 2012

The Dangers of Elderly Drivers and Pennsylvania Law

After Florida, Pennsylvania has the second highest percentage of senior citizen drivers. The Pennsylvania Department of Transportation, also known as PennDOT, has reported that accident rates for drivers over the age of 65 represent 13 percent of all crashes in Pennsylvania. According to data released by the National Highway Traffic Safety Administration (NHTSA), drivers over 75 are more likely to die in an accident than teenagers, and drivers over 85 are four times more likely to die in a crash than a teenager.

Pennsylvania does not have a mandatory driving test for elderly drivers; however, each month, 1,900 drivers over the age of 45 are chosen for random retesting prior to the renewal of their drivers license. Each driver is required to undergo vision and physical examinations. Any licensed physician may conduct the medical examination and the vision screening may be completed by a physician or, at no charge, at any PennDOT Driver License Center.

Unlike a lot of other states, the state of Pennsylvania has a physician's reporting law. The physicians reporting law of Pennsylvania requires physicians to report psycho-motor, visual, and cognitive deficiencies that may affect driving to PennDOT. But, some physicians are reluctant to jeopardize their relationship with a patient by making such a referral. This requires physicians to report psycho-motor, visual, and cognitive deficiencies that may affect driving.

This law means that doctors have a responsibility to do this, not just an option. In Pennsylvania, this could place liability on a doctor who knows an elderly patient should not be driving, but still is. If it can be determined that an elderly driver’s doctor knew something and failed to report it, they could be just as liable for in the accident as the driver. It is the responsibility of the doctor to report this information for the safety of other drivers on the road, and for the patient. Risking the relationship with the patient should not be the priority.

I understand that the elderly equate losing their driving privileges with being dependent, feeling trapped, losing control, and spontaneity in life. This means that discussing driving skill with an older person requires great diplomacy. Unfortunately, we do not all retain the ability to drive a car throughout our lifetime. Physical disabilities, mental illness, medications, loss of vision, or frailty can end anyone's driving career prematurely. While these conversations might be hard to have with parents, doctors of elderly patients in Pennsylvania are required to have them.

If you or a loved one has been in a car accident because of an elderly driver, contact the experienced Philadelphia car accident attorneys at Reiff and Bily. If it can be determined that a doctor failed to contact PennDOT about the elderly driver’s abilities, you may have a claim. You may also have a claim against PennDOT if their random physical examination failed to give accurate results. Contact an experienced Pennsylvania car accident attorney at 1-800-421-9595, or online at www.reiffandbily.com

Posted On: March 21, 2012

Who is at Fault if a Parade Float Goes Out of Control and Injures People while Watching a Parade?

The last thing you ever want to think about while watching a parade with your children in an atmosphere of glee and laughter is being run over or struck by a float.

Believe it or not, many of the floats being pulled at parades are not subject to inspection or regulation and oftentimes are constructed by individuals with little concern for consumer or patron safety. Since these floats are built as temporary displays, the construction standards of many multi-level floats leave much to be desired.

Recently, two people were hospitalized after a float in a St. Patrick’s Day parade collapsed. According to captains on the float, two tires blew out as the float was rounding a turn and after they stopped to change the tires, the second story and side of the float collapsed and crushed those riding on the lower level of the float. Most of the float’s 35 occupants and riders suffered injuries and police were not sure whether bystanders were injured. Many times amusement or parade floats, and even Halloween hay rides for that matter, are defectively designed, maintained, and operated, and accidents occur causing a significant amount of injuries due to the people involved and the size and weight of the equipment.

The experienced Philadelphia personal injury lawyers of Reiff and Bily understand that the U.S. Consumer Product Safety Commission (CPSC) has estimated that a number of serious injuries due to parade float failures, hay rides, and trailers have risen dramatically. Many parade floats and hay rides involve the use of a trailer attached to a tractor or truck pull.

The National Highway Traffic Safety Administration (NHTSA) has admitted that no standards exist for trailer hitches. Unfortunately, in most states, including the Commonwealth of Pennsylvania, very little regulation exists with regard to parade floats, hay rides, or trailers that are less than 3,000 lbs.

Our experienced investigators and defective vehicle legal team has found that many trailers are made just to be under the gross weight of 3,000 lbs. so as not to be subject to regulations. Yes, even homemade trailers are allowed and the only thing that states require is that lights be working at the time of registration and very few states check the quality of construction. Codes exempt many trailers and only require that brakes be inspected beyond additional confirmation of a VIN plate. Many state laws, including the laws in the Commonwealth of Pennsylvania, are silent as to any design or construction specifications for those vehicles or towing chains or hitches. In many cases where injuries have been caused as a result of a defective float or defective trailer design, we have found that tow trailers have obvious safety violations that relate to lighting, braking, and inspection requirements.

If you or a loved one was injured as a result of an allegedly defective trailer or parade float, our skilled defective trailer lawyers always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 19, 2012

Convenience of Smart Key in Your Car Worth Risk of Injury or Death?

When I purchased a new automobile a few years ago, I wondered about the reasoning that went behind the smart key ignition system and grew very accustomed to simply using and enjoying the simple convenience.

Recently, as an experienced automotive product liability lawyer in Philadelphia who earns a living tracking advances and problematic situations in automotive technology, I learned that many of these new electronic ignition systems are introducing hazards that are killing and injuring consumers.

Last week, a couple in Florida was believed to have been overcome by a buildup of carbon monoxide emanating from a Mercedes with a keyless ignition system in their attached garage. Recent deaths have implicated Toyota smart key ignition systems, as well as ignition systems in Lexus vehicles. In fact, I hate to admit that my own car was inadvertently left running in the parking lot of my law office one day when in fact I thought it has been completely turned off. Luckily no harm was suffered but for the financial pain of burning through a tank of gas.

The NHTSA and various automotive manufacturers are now investigating potential hazards with new electronic ignition systems and the keys and electronic codes of the electronic systems that control the vehicle’s ignition module.

The Pennsylvania auto product liability lawyers of Reiff and Bily are continuing to study and investigate problems with smart keys and electronic ignition. If you or a loved one has sustained an injury as a result of an electronic ignition or keyless ignition system, please contact our office so that we may add this information to our other similar incident database, which may prove helpful in preventing catastrophic injuries and wrongful deaths to other consumers. We are committed to automotive and consumer safety and always offer a free, no obligation consultation toll free at (800) 421-9595 or online at www.reiffandbily.com.

Posted On: March 17, 2012

St. Patrick’s Day and Pennsylvania Dram Shop Law

As a Philadelphia Dram Shop attorney, I worry about the safety of all the participants in St. Patrick’s Day celebrations. While there is no question that people need to practice self-control, business establishments licensed to sell liquor in the state of Pennsylvania are prohibited from serving alcohol to a visibly intoxicated individual. This is not a recommendation but a law, when it is violated those responsible need to be held accountable.

Under the Pennsylvania Dram Shop law, anyone who supplies alcohol to someone who is visibly intoxicated can be held responsible for damage that person might cause to a third party. The Pennsylvania Liquor Code, Section 4.493(1) states it is illegal to: ... "permit any liquor or malt or brewed beverages to be sold, furnished or given, to any person visibly intoxicated, or to any minor.'' This means all the bars on St. Patrick’s Day need to be watching out for signs of intoxication such as staggering, stumbling, bloodshot eyes, slurred speech, drowsiness, or the inability to sit or stand without falling over.

Bars, clubs, and restaurants have a responsibility to educate those that work for them about the law. When the law is not followed they can be found to have been negligent and thus liable for the employee’s wrongdoing.

In Pennsylvania many injuries occur during holidays, particularly St. Patrick’s Day. The Pennsylvania Dram Shop and alcohol related injury lawyers at the law firm of Reiff & Bily have fought against drunk driving and resulting catastrophic injuries and fatalities since 1979. We have the knowledge and personal experience necessary to investigate drunk driving accidents and hold owners of bars, restaurants, hotels, social hosts and individuals responsible for the injuries or deaths caused by drunk drivers.

If you or a loved one is injured or killed as a result of a drunk driving accident in Pennsylvania, please feel free to contact us for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 16, 2012

Memory Damage after a Car Accident Points to Traumatic Brain Injury

After evaluating and litigating thousands upon thousands of car accident cases over the last three decades as an experienced Philadelphia car crash attorney at Reiff & Bily, I have witnessed many clients contacting me or come to my office claiming that they were having memory issues after a car accident. Typically memory issues are indicative of a concussion and traumatic brain injury (TBI).

A recent study has revealed that adolescents who sustain a traumatic brain injury, whether by a sporting event or car accident, are more likely to experience short term memory loss compared to any other age group. While I have heard many defense attorneys, insurance adjusters, and defense medical doctors claim that young people are able to recover more quickly from concussions and brain injuries, experts now claim that adolescents and teens could be at greater risk of lasting and permanent damage.

Over the last few years, our skilled brain injury legal teams have intensely investigated traumatic brain injuries and concussive symptoms with a group of neuropsychologists and neurologists and have made objective comparisons to pre and post-accident memory, attention span, and ability to perform objective computerized testing; the results have revealed that a concussion can significantly impact the brain and cognitive functioning abilities of the individual. Research has revealed that the frontal regions of the brain are more vulnerable to concussions, and these areas generally oversee executive functions responsible for planning, organizing, and managing information.

If you or a loved one has sustained a concussion or head injury in a Pennsylvania car accident, slip and fall or premise liability accident, amusement park accident or physical assault, it is important to consult physicians who know how to evaluate and treat concussions, as well as seek appropriate recovery with the assistance of an experienced traumatic brain injury lawyer.

For over three decades, the experienced car accident, product liability, amusement accident, and premise liability lawyers of Reiff & Bily have been successfully evaluating and litigating traumatic brain injury cases and always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 15, 2012

Cause Might Have Been Determined in Fatal NJ School Bus Accident

While the driver of the bus that killed a young triplet in a school bus accident might have been inexperienced, there may be a more pressing cause. The National Transportation Safety Board (NTSB) has said that the accident may have occurred because of bad sight lines at the intersection. Since the driver could not see properly, he inched past a stop sign, and that is when the accident occurred.

The school bus driver told investigators that he did not see the 2004 Mack truck coming at him or his bus, until it was too late. The NTSB investigator has determined that the line of sight was obstructed due to environmental features of the intersection. Some of these obstructions include fences, poles, and trees. The investigators have observed other drivers; doing the same thing the bus did, inching forward to be able to see what is ahead. While the toxicology report of the driver and the anti-lock brakes test are still being investigated, the road design may simply be the reason that this young girl lost her life.

Between 15 and 20 percent of accidents are caused because of defective roadways. This happens on both state and local roads and is a common reason that many single and more often multi-car accidents occur. If a crash occurs in Pennsylvania and it might have been caused because of defective roadways, the Commonwealth and other local Pennsylvania entities can be held liable for the damage or injuries.

If someone is going to bring legal action involving an accident that occurred because of defective roadway design or negligence on the part of governmental authorities, the litigation must be initiated within six months of the date of the accident. However, it is important to collect evidence immediately to begin to properly start the investigative process. Therefore, it is essential that you contact an experienced Philadelphia defective roadway design attorney as soon as possible.

If you or a loved one has recently been involved in an accident that you believe happened because of a defective roadway, you deserve to talk to someone who is experienced and will care for you and your needs. Contact a Pennsylvania school bus accident lawyer at Reiff and Bily to investigate your case. We can get your case to the right experts and filed in a timely manner. Contact Reiff and Billy today at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 14, 2012

Goodyear Wrangler Silent Armor Tire Recall

As a Philadelphia tire defect attorney, I am always keenly aware of auto product and tire recalls. In the last month, many product recalls have occurred. One of the most significant recalls concerns Goodyear Tires. When a recall occurs, it’s important for two reasons: making sure that people know about a potential problem with a product so they get necessary repairs, and also to notify victims who have been injured by the product that the injury may not have been their fault, but the manufacturers’.

In late February, Goodyear Tire & Rubber Co. announced it would be recalling 41,000 of its Wrangler Silent Armor tires, which were produced in 2009. The concern surrounding these tires is that a small number of them could tear, have tread separation, or delaminate, leading to crashes. Goodyear believes that about 27,000 of these tires are still on vehicles throughout the country. The Goodyear tires are on multiple vehicles including pickup trucks, sports-utility vehicles, and vans. The recalled Goodyear tires are also often used on construction vehicles for off-road applications.

Part of the reason for this recall may be related to a 2011 crash in which two people died in a vehicle equipped with Wrangler Silent Armor tires. Additionally, in May 2010 Goodyear received an increased number of warranty and property damage claims related to their Wrangler Silent Armor tires.

Goodyear has said that the “use of these tires in severe conditions could result in partial tread separation which could lead to vehicle damage or a motor vehicle crash."

By March 22, 2012, Goodyear states that they will notify people by mail of the recall. As an experienced Philadelphia products liability attorney, I am extraordinarily concerned about flaws in this plan. When recalls are sent out to a home, this does not mean an immediate fix comes about. Oftentimes, people do not get the information - they misplace it, or simply do not have the time to immediately take their car in for service.

At Reiff and Bily, we want to express our concerns about Wrangler Silent Armor tires still on the road. If you or a loved one has been injured in an accident and you believe it might have been due to Wrangler Silent Armor tires, contact our Philadelphia car accident attorneys at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 13, 2012

Pennsylvania Legislators Finally Ban Texting while Driving to Help Prevent Distracted Driving Accidents

Texters beware - a new law in Pennsylvania was just passed. On March 8, 2012, a ban on texting while driving went into effect, carrying a $50 fine. The new law means that police can stop you if you are using a phone, computer, or other device that sends texts, emails, or similar messages while driving. Police cannot seize the item but they can write you a ticket. Governor Tom Corbett stated during his bill-signing event in Harrisburg: “We’ve said it in the past, but today we are making it law: If you have an urgent need to text, you must pull over and park. … No text message is worth a human life. The message of this legislation is drive now and text later.”woman_distracted_driving_13801493.jpg

Distracted driving in Pennsylvania is a major problem and it is time that more people start realizing how dangerous it can be. This is the first Pennsylvania-state-wide law to take effect about cell phone usage. There is no statewide limit on cell phone use, but some local ordinances do address talking while driving. Philadelphia and Harrisburg are two of the largest cities to have handheld cell phone usage banned, but the ban expires in March 2012.

While distracted driving can affect anyone, it finds the most fatalities among teenagers. In Pennsylvania, in 2010, there were 57 deaths in accidents linked to teenage drivers compared with 40 in 2009. But, Delaware, which, in 2010, passed a full complement of distracted driving laws, saw a 14 percent drop in traffic fatalities in 2010. It’s about time Pennsylvania did something to protect the roads.

The Philadelphia car accident attorneys at Reiff and Bily have been handing distracted driving cases since before talking about them was popular. Distracted driving is an issue that has plagued drivers, young and old, for years. Signs of distracted driving include looking away from the road, rummaging through something on the seat, drifting in and out of lanes, and immediate stops or turns. When drivers are focused on something else, they cannot be fully focused on the road.

At Reiff and Bily, we have the knowledge and the experts to discover if you have been injured in a car accident as a result of distracted driving. Specifically, if you think that you were injured because someone was on their cell phone during the accident, the car crash lawyers at Reiff and Bily may be able to find out. Authorities have the ability to check phone records to see if a call or text was sent during the course of the accident. The new law claims that if this is the case, then the punishment will be more significant, but that is yet to be seen.

The importance of staying of safe on the road is not only about you, but others as well. Distracted driving is a major concern and now Pennsylvania is taking steps to mirror that message. The Philadelphia distracted driving accident attorneys at Reiff and Bily also mirror this message. If you or a loved one has been the victim of a vehicle collision because of distracted driving and you need help, the car accident attorneys at Reiff and Bily are available. Call us for a free consultation at 1-800-421-9595 or contact us online at www.reiffandbily.com.

Posted On: March 12, 2012

Toyota Recalls the Camry, Venza, and Tacoma

Toyota is having a rough week - make that, month. One of the world’s largest automobile manufacturers is taking major heat for recalls and a leaked document that CNN’s Anderson Cooper got his hands on. As a Philadelphia auto defects lawyer, I have handled many cases involving defective airbags, defective tires, and steering column defects.

Toyota has recently announced that nearly 700,000 vehicles will need to be recalled. The recall was triggered because of a trace of silicone grease and a steering-wheel flutter found in several Toyota models. The recall is affecting 187,000 Toyota Camrys from 2009, and Toyota Venzas from 2009-2011. Toyota found that a stray daub of silicone grease might contaminate the stop-lamp switch, potentially causing a series of mechanical troubles. Some of the most dangerous problems caused are failure of the brake light, failure to start the vehicle, and an inability to shift from park to automatic. For the 495,000 Tacoma pickups that are being recalled from 2005-09, it is reported that there is a risk that the driver’s air bag may not deploy in a crash. Toyota learned about these problems from their own internal investigations and from many car owners who contacted the company with problems that they had to pay out of pocket because their warranties were up.

On the Toyota Tacoma, the wheel flutter that exists may cause friction on a cable that is required for an air-bag to deploy properly. If this is left untreated, the friction can wear down the circuit and you could be left in a crash without protection. While some Toyota owners have already figured this out and paid out of pocket for the repairs, Toyota has not announced any repayment plan.

In the midst of this, Toyota is also taking heat from CNN. It was reported that in 2006, a confidential document was produced by the company showing that a pre-production vehicle in Japan experienced unintended acceleration. While the model was not released in the U.S., the report did show that a “fail-safe overhaul” would be needed for the Tundra, which is in U.S. consumption. Toyota tried to fight this by saying that the document was misinterpreted because of its translation from Japanese to English. So CNN paid another translator to look at it, producing a very similar translation. Toyota had to bite the bullet on this one, although they did fight CNN hard not to leak the information.

The Philadelphia auto product liability lawyers at Reiff and Bily realize how important it is to get this information out there and keep you safe on the road and in your car. If you think you were at fault for an accident that actually was the fault of an automobile manufacturer, call Reiff and Bily for a free consultation at 1-800-421-9595 or contact us online at www.reiffandbily.com.

Posted On: March 9, 2012

Trucking Accident Prevention: Weight Limits on Trucks Need to be Better Monitored, Enforced

The bus accident that caused a young girl’s death recently has a very important aspect to it that is not being spoken about. While investigations are being blasted over the news about how and why this happened, the illegal matter of the crash is being ignored. The bus accident occurred because a 2004 Mack Truck that was loaded with asphalt hit the bus. At the time of the crash, the truck was 5 percent over its 80,000 pound limit. While 5 percent may not sound like a lot, when put it real terms, 4,000 pounds should.

Mack Trucks and all trucks that travel on public roadways have limits as to the amount of weight they can legally carry. This is the purpose of weigh-stations on highways throughout the country. They exist so that truck drivers know that they need to follow the law. However, this case shows us that drivers are ignoring the law, and it’s time that they stop. Whether or not the weight limit is the reason this young girl died should not matter; it played a part. This was a negligent action on the part of the driver and the company that regulated and managed this truck before allowing it to depart from the holding station.

Since trucks, especially Mack Trucks, weight so much, they are disproportionate to other vehicles on the road. The impact of a truck hitting a car or motorcycle can be catastrophic. Yet, these trucks cause over 25 percent of accidents on US roadways. Sometimes the injuries caused in this type of accident are simply the result of the impact because of the weight of the truck.
If truck companies are disregarding laws, then there is something you can do. Injured persons can hold truck drivers and trucking companies legally liable for harm caused by their negligence or noncompliance. Trucks being overweight is illegal and if you think it is the reason you or a loved one were more severely injured in a recent truck accident, you deserve to know the truth.

The Pennsylvania trucking accident attorneys at Reiff and Bily have the experience and experts to properly prepare a trucking accident claim. Call Reiff and Bily today at 1-800-421-9595 for a free consultation or visit us online at www.reiffandbily.com.

Posted On: March 8, 2012

Vehicle Rear-view Cameras: Why Shouldn't All Vehicles Be Required to Have Them?

I love the rear-view camera in my vehicle, and in fact, I’m not ashamed to admit that it may have prevented a few injuries to innocent pedestrians. For years, I have been driving a car with a rear-view camera, which has easily enabled me to see what is behind me. Recently, I rented a car in California that was not provided with a rear-view camera and when I was parking, someone darted from the sidewalk between my car and into the street and I almost struck that person only to be alarmed by a banging on the trunk. It is amazing how I have become so accustomed to my rear-view camera and how it has probably prevented other similar accidents, and I wonder why in fact, a rear-view camera is not required for all passenger vehicles.

As I began to research my query, I was pleased to learn that federal regulators plan to announce that all automakers will be required to put rear-view cameras on all passenger vehicles by 2014 to help drivers see what is behind them and prevent accidents. I further learned that on average, two children die and 50 others are injured each week when someone accidentally backs over them in a vehicle, according to kidsincars.org, a non-profit group that pushed the government to begin tracking and investigating such tragedies.

As an experienced Philadelphia defective vehicle lawyer who has been litigating against major automobile manufacturers for over three decades, I believe that safety should never be an option. If automakers and consumers are aware of a problem, then the industry has a duty to take all steps necessary to improve safety, particularly when the cost is so little. Over the years, due to the work of consumer and leg advocates who also practice automotive product liability work, cars have been increasingly more safely manufactured with the inclusion of airbags, third brake lights, and better seat belts and seat design. The inclusion of the rear-view camera as a requirement is a “no brainer”.

If you or a loved one had been a victim of a car accident due to defective automotive product design, please contact one of our experienced auto safety attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 7, 2012

Uninsured Drivers...What Rights Do You Have?

I was always told I needed to have insurance, not only to protect me but also to protect anyone that I could injure while driving. Recently, the Pennsylvania Supreme Court has made me know differently.

In 2006, in Bristol, an uninsured driver was on Route 413 when his car collided with another driver on the road. The insured driver was found to be at fault for the car accident. The insured driver believed that he could not be liable for any of the damages caused to the uninsured driver. He was wrong.

The uninsured driver was injured and sued the other driver to try to recover damages. Courts have been dealing with this for the last seven years because of conflicting sections of Pennsylvania law. However, the Supreme Court of the state, in Corbin v. Khosla, finally answered the question, “Can an uninsured driver who is injured in a motor vehicle accident with an insured driver sue the insured driver for economic damages?” The court unanimously answered yes.

Uninsured drivers everywhere now need to know that if they get into an accident and it’s not their fault, they have rights. Uninsured drivers will now be able to recover economic damages, which include lost wages and medical expenses due to injury from the car accident. However, non-economic damages for pain and suffering may only be given if a serious injury occurs. The insured driver’s insurance policy will have to now cover these costs.

But, uninsured drivers beware: if the accident is your fault, this ruling does not help you, and you are still unable to recover anything. Additionally, you are liable, out-of-pocket, for any damages or injuries caused to the person and the other car in the car accident. The PA Department of Transportation will also suspend the registration of the vehicle for a 3-month period and shall suspend the operating privilege of the owner or registrant for a period of 3 months for an uninsured driver. The plates of the car are surrendered at the accident and after time is served, they can be reinstated for a fee of $50.00.

If you or a loved one have been an uninsured driver and have been injured in an accident that was found to not be your fault, you may be able to recover for medical expenses and lost wages. You deserve to talk to the experienced Philadelphia car accident lawyers of Reiff and Bily that have over 30 years of experience successfully representing injured car accident victims. Please call one of our experienced attorneys for a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 6, 2012

Do Red Light Traffic Cameras Save Lives?

intersection-road_wiki.jpgAre red light cameras moneymakers for cities? Do they save lives? Questions about the purpose and legality of red light cameras are being posed throughout the country. People want to know why their tax money is going to cameras that only cost them more money. Others want to know why their tax money went to cameras that are now being turned off.

In Philadelphia, the manager of the red-light enforcement program, has said that cameras improved driver compliance. Since installing cameras at two intersections in 2002, the network of cameras now watches 21 of the busier intersections with 96 cameras watching different angles.

The program was instituted at the first two intersections after a survey by State Farm Insurance placed them as the second- and third-most accident-prone intersections in the nation. Compared to the first month of operation in 2002, average violations at one intersection dropped from 4,100 to about 300, and from 1,800 to 200 at the other. Philadelphia believes the goal was and has been to put the cameras up where there are problems so there will be a decrease in violations.

But who watches and enforces these cameras? As a car accident lawyer in Philadelphia, I can tell you that citizens deserve to know the answer. Most cities hire private firms to manage them because law enforcement, especially in Philadelphia, already has too much on their plate. A U.S. Public Interest Research Group conducted a study in 2011 that raised concerns about cities maintaining control when hiring private firms to conduct red-light enforcement. It concluded that cities and towns should tailor agreements to include early termination clauses, and designate what type of offenses they wish to issue fines for.

Depending on the tailoring of the fines, cities can bring in larger or smaller sums of money. For example, in some contracts, vendors authorize that cities include making a right on red without coming to a complete stop as an offense and this dramatically boosted ticket numbers. These cameras might have a larger impact on our wallet without us knowing.

However, some cities are not gaining the profits they expected and are turning off the cameras. The private companies they hired are costing too much and they are not bringing in the revenue they believed they would to pay for it. Citizens of these towns are angry that their money was wasted on something they believed would increase safety, but rather just increased debt.

In Jersey City, N.J., officials have recently installed the cameras at five of 11 planned intersections under a pilot program of the New Jersey Department of Transportation; the cameras are expected to bring in $7 million a year. New Jersey is taking heat from these installation plans. The red-light camera companies are setting up lobbying groups to inform drivers of the misinformation that is being circulated, including that these camera photograph faces.

Posted On: March 5, 2012

Who is Responsible for the Injuries Caused When a Motorist Suffers a Heart Attack, Crashes into Another Vehicle or Pedestrian, and Then Dies?

An innocent and unfortunate tragedy occurred on Tuesday, February 28, 2012 in Philadelphia, Pennsylvania when a 72-year old woman died after suffering an apparent heart attack behind the wheel of her motor vehicle and then crashed into 4 parked vehicles. The driver was transported to the hospital where she died later in the morning. Our thoughts and prayers go out to her family.

As an experienced Philadelphia car accident attorney for the past three decades, I have been contacted by a number of pedestrians, victims, and family members of victims who were not so lucky and suffered catastrophic injuries, and in the worst cases, a wrongful death, as a result of being impacted by a vehicle driven by an individual affected by a sudden illness or heart attack.

In Pennsylvania, if a car accident is caused by a sudden onset illness or heart attack, which the driver had no reason to suspect, then he or she may be able to escape liability if he or she injures another in an ensuing car accident. When the driver of a vehicle is confronted with what is known as a “sudden emergency”, he or she is not held to the same standard of care that would otherwise be expected, but neither is he or she absolutely excused from not acting in a reasonable and prudent manner. Once a sudden emergency arises, the driver is not negligent provided he or she has used due care to avoid meeting such an emergency and after it arises, exercise such due care as a reasonably prudent capable driver would use under the same unusual circumstances. This is usually a question for jury consideration.

If you have been the victim of a car accident in PA caused by an individual who has sustained what they claim was a sudden medical emergency, it is important to immediately contact an experienced car accident lawyer to determine a valid medical condition that caused them to crash, and in fact, whether or not the driver took proper precautions or had knowledge of the medical condition which may attribute negligence to the driver and the recovery of damages to the victim.

The experienced Philadelphia car accident lawyers of Reiff and Bily have over three decades of experience representing car accident victims in Pennsylvania and always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Posted On: March 2, 2012

Car Crashes Into Mayfair, PA Row Home: The Dangers of Living Close to a Street

Whenever I drive by homes that are close to the street I think to myself, “What would happen if my car spun out of control, right now, and I ended up in that man’s living room?” It is a very real and very scary fear. Whether you are behind the wheel of the car or sitting quietly in your home relaxing, one needs to know the risks.

Three days ago in Mayfair, a Philadelphia neighborhood, such an incident happened when an out-of-control car crashed into a row home. The Pennsylvania auto accident happened at about 8:30 a.m. at Tyson Avenue and Crispin Street. From what we know so far, it appears that the car lost control, hit two fences, and came to a stop right outside the second row home in from the end of the block. One passenger of the car was taken to the hospital to be treated for head injuries. Luckily, no one else was injured.

What could have caused this car accident? While it would be unlikely at 8:30 a.m., it would have been important that the police on the scene investigated to see that the driver was not under the influence of drugs or alcohol while behind the wheel. Additionally, an investigation should be made to make sure that the driver was following all traffic signals and lights in the area. Finally, the driver of the car may want to know more about how this car accident could have happened.

It’s important for all drivers to know the weather conditions and how their brakes will behave under different conditions. If brakes fail, it is very likely that an auto products liability claim could be brought against the car manufacturer. A claim might also be made against the person or company who last inspected or repaired a driver’s brakes. As the driver of a car, there are many risks and knowing that your car is working properly should always be one of the ways to make yourself feel safer while driving. Be sure to inspect your brakes, transmission, and tires often so you don’t find yourself spinning out-of-control.

If you are the homeowner in this situation, especially one who lives close to the road, it is important to know your insurance coverage. Property damage claims may be able to be made against the driver. But, if something on your property actually causes more harm to the driver than the driver would have encountered without it, you may actually find yourself liable. Always be sure to inspect your property so that you keep your risks down.

Had the car here crashed into the home, not only could the family inside have been injured, but severe damage to the home might have been caused. If you or a loved one has been the victim of this type of car accident and there has been bodily or property damage, it pays to contact a skilled Philadelphia car crash attorney. The car accident lawyers at Reiff and Bily understand that your safety and the safety of your family are the utmost important thing in this world. Our experienced auto accident attorneys are always glad to offer a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.