Philadelphia Car Accident Lawyer Blog

My wife jogs approximately 5 miles every morning in a suburban area where there are limited shoulders or pavements. Every day I tell her that I am worried about her and that there is an accident waiting to happen.

Unfortunately, over the three decades I have been practicing catastrophic injury and car accidents law in Pennsylvania, I have been contacted by the families of pedestrians who were killed while walking adjacent to the roadway due to the negligence of another. Every day, many children walk to school and it is important to have proper sidewalks, curb cuts, and other roadway improvements to enable safe pedestrian and driver behavior.

More than 12% of all pedestrian fatalities occur on road shoulders. 88% of the fatalities occur after dark with more than half on non-lighted highway sections, and about 1/3 of all fatally injured pedestrians have been drinking. Add driver distraction due to cell phones in the mix, and the driver is 4 times more likely to get into a serious crash.

Pennsylvania has definitive rules to protect pedestrians, but keep in mind that pedestrians must also observe rules of the road to protect themselves. When traffic controls are not in place, or not in operation, the driver of the vehicle shall yield the right-of-way to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. A pedestrian should always keep in mind that they must walk defensively and that drivers may not see them.

If pedestrians are not within a crosswalk, Pennsylvania law states that they are not to suddenly step off a curb or sidewalk and run into the path of an oncoming vehicle, and the pedestrian is empowered with the responsibility to make sure oncoming traffic is still at a safe distance to be able to make a safe and complete stop. If there is a sidewalk in place, pedestrians are required to make use of the sidewalk and are not permitted to walk on the adjacent roadway. When a sidewalk is not available, any pedestrian walking along the roadway must remain on the shoulder as far as possible from the edge of the roadway and must yield the right-of-right to all vehicles on the roadway. Typically, at least 4 feet is suggested. This imposes the burden of safety on the pedestrian when walking along the roadway. However, motorists must still exercise due care to protect the pedestrian.

A common sense reminder is that both pedestrians and operators of motor vehicles may be distracted in our age of cell phone usage and we must all exercise due care when operating our vehicles or walking or jogging on roadways.

Pennsylvania personal injury and car accident lawyer Jeffrey M. Reiff has litigated automobile pedestrian car accident cases throughout Pennsylvania for over three decades.

While we all know that distracted driving is dangerous, the following statistics from distraction.gov and other government websites that discuss distracted driving illustrate just how much it can lead to tragic circumstances including catastrophic injury and death.

• 80% of drivers admit to hazardous behaviors such as texting, changing clothes, steering with the knee, having a pet on their lap, painting nails, and yes, even shaving;
• Using handheld devices makes you four times more likely to get into a serious crash;
• 16% of all fatal crashes in 2009 involved distracted driving;
• Distracted driving causes 5,000 plus deaths and 450,000 injury producing accidents each year;
• You are more than 23 times more likely to crash if you text while driving;
• Driving while using a cell phone reduces brain activity associated with driving by 37%;
• Sending/receiving texts takes the drivers eyes off the road for an average of 4.6 seconds;
• Driving distracted or while using a cell phone creates the same reaction as having a blood alcohol content of 0.08% or intoxicated;
• Wireless devices are the number one source of driver inattention.

In just one second or in the blink of an eye, your life can be changed forever. That’s just how long it takes to get into a distracted driving accident. Admit it; many times you are a distracted driver?

A New York jury awarded $11.98 million dollars to a landscaper who had parked his truck in a cross hatched area in the middle of a two lane roadway and thereafter placed a “men working” sign on the back of the trailer. A passing motorist hit the sign which then struck the landscaper and pinned him to his truck, requiring an above the knee amputation of his left leg, brain damage, and disfiguring injuries to his right leg.

He underwent five surgeries and incurred approximately $278,000.00 in medical expenses. The victim then filed a suit against the driver who struck the sign alleging that she had been speeding, failed to keep a proper lookout, and failed to avoid an accident.

Under the laws of the state where the victim was working, he was barred from suing his employer under state workers’ compensation laws, but he did assert that his employer failed to provide a safe work environment and negligently instructed its workers to park illegally and use the sign that did not conform to standards set forth in the manual and uniform traffic control devices. The striking driver impeded the employer based upon these assertions.

As this incident demonstrates, auto accidents throughout the country can occur on-the-job and in a matter of seconds. Due to the complex nature of a motor vehicle crash taking place while an individual is working, contacting a knowledgeable car accident lawyer in Pennsylvania is essential in ensuring that every possible legal avenue is explored to win full and just compensation.

High school proms and graduations are some of the most exciting times in a teenager’s life. However, with prom celebrations often come peer pressure for teens to let loose and partake in the consumption of alcohol and god knows what else?

If you intend to host a high school prom or graduation party this spring, it’s important that you understand Pennsylvania’s social host liability laws. Each year, as a Philadelphia car accident attorney, I receive a number of phone calls from distraught parents whose underage son or daughter was seriously injured, and in the worst cases, killed, as a result of a social host providing alcohol to underage guests.

A “host” or “social host” refers to a person or persons, including businesses and organizations, who hosts a social gathering. In Pennsylvania, it is illegal for a host to serve or provide alcohol to anyone under the age of 21, even if the hosts are parents serving alcohol to their own children.

Section 6310.1 of the Pennsylvania criminal code states: A person commits a misdemeanor of the third degree if he or she intentionally and knowingly sells or intentionally and knowingly furnishes any liquor or malt or brewed beverages to a person who is less than 21 years of age. (To furnish means to supply, give or provide to, or allow a minor to possess on a premises or property owned or controlled by the person charged.) Pennsylvania law additionally states that a social host who knowingly serves alcohol to a minor can be held liable for injuries to a third party proximately resulting from the minor guest's intoxication.

What this means is that if a parent or host serves alcohol to a minor, and the minor subsequently injures himself or someone else, the parent or host may be held responsible for the injuries.

Underage drinking results in devastating and life-changing consequences to teens, their families, and those seriously injured in an accident involving intoxicated minors.

Since 1979, the alcohol related injury and Philadelphia car accident lawyers of Reiff and Bily have successfully represented the victims of drunk driving car accidents and those who have suffered serious injury or death as a result of an intoxicated individual. The experienced Philadelphia car accident law firm of Reiff & Bily have the knowledge and personal experience necessary to investigate PA drunk driving accidents and hold owners, social hosts, and individuals responsible for the injuries or deaths caused by drunk drivers. If you or a loved one has been killed or injured as a result of a drunk driving accident, please feel free to contact us for a free, no obligation consultation at (800) 421-9595 or online at www.reiffandbily.com.

I have been an avid bicyclist for over 50 years and recently welcomed Pennsylvania’s safe passing law which requires all motor vehicles to have a four foot clearance when passing a bicyclist in Pennsylvania. Today when I was driving adjacent to a bicycle lane specifically designed for bicycles, a truck driving at a high speed in the bicycle lane in the presence of a police officer proved many motorists are basically ignorant of the rights of bicyclists on Pennsylvania roadways. When the safe passing law was passed, I cautioned that without proper enforcement by law enforcement officials, the legislation would have no teeth.

The day after the law passed, I had a conversation with an experienced cyclist and cycling instructor who was struck by a hit-and-run driver while traveling in the designated bike lane. The entire event was caught on film by a passing bus.

It is important to understand that a majority of drivers admit to being distracted. 80 percent of drivers surveyed admit to hazardous behavior such as texting or talking on cell phones, not to mention other distracting obstacles. If you are riding a bicycle in Philadelphia, it is more important to drive defensively and watch for cars than one can imagine. Cyclists, just like motorists, must obey traffic signals including, but not limited to, red lights and stop signs. Many times cyclists are plugged into their iPods and cannot hear the beep of a horn.

As a Philadelphia bicycle accident lawyer who has aggressively represented bicycle accident victims who have been catastrophically injured or killed in bicycle accidents for over three decades, we know that it is possible for motorcyclists and bicyclists to co-exist peacefully on the roads, and as the growing number of cyclists increases with warm weather, motorists continue to ignore cyclists - a sure recipe for danger and injury that exists without proper enforcement of the newly passed laws.

If you are driving a car or motor vehicle, be careful and have greater respect for bicyclists on the roadway and pay heed to the four foot clearance required when passing a bicyclist under Pennsylvania’s new Safe Passing law.

The Pennsylvania bicycle accident law firm of Reiff and Bily are committed to bicyclist safety and always offer a free, no obligation consultation for those injured in bicycle accidents caused by the fault of another or due to defectively designed bicycles or bicycle components. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over three decades, our law firm has handled tens of thousands of car accident cases, and unfortunately, many of them involve people who frankly should not be driving.

In order to drive safely, one must possess proper vision (with or without correction), reflexes, and cognitive abilities. While many individuals do not possess a great impairment of these physiological functions, unfortunately, others suffer from a loss of faculties that make them unsafe drivers on the highways. No one wants to admit that Mom or Dad or a loved one is failing in mental or physical capacities, yet many times the undisputed truth is that they may be dangerous to themselves or others if they are put behind the wheel of a motor vehicle.

I am currently dealing with a situation involving a dear family member. His spouse and children think that it is okay for him to drive a motor vehicle. Yet, spending an hour or two with this person would make most objective and rational people feel quite opposite.

Many times our elderly loved ones don’t want to become a burden on their children or friends and don’t know when it’s time to turn over the keys to their car until it’s too late and their health or the well-being of another via a car accident is impacted.

Although each state has a required age to start driving, there are no rules and regulations that pronounce at what age driving becomes unsafe. All it takes is a postage stamp or email for a senior citizen to renew their driver’s license.

As an experienced Philadelphia car accident attorney, I would like to see laws with a shorter time period between the renewals of driver’s licenses for those over the age of 70 or some other benchmark age and should include vision and road testing.

Interestingly, the insurance industry is reluctant to comment on how or if aging impacts premiums. However, I recently reviewed one statistic where fatal crashes involving the elderly normally occur after age 60. With advances in medical technology and science, people will be living longer and I urge all of our readers to observe your loved ones carefully for signals that may impact their safety on the roadways. Don’t wait until there is a car accident or death.

Many times, I receive calls from clients and attorneys who are involved in the litigation of airbag non-deployment and over-aggressive airbag cases. Many attorneys without substantial airbag defect experience incorrectly assume that just because the airbag did not deploy or deployed over-aggressively, there is an excellent product liability case. However, many non-deployment airbag cases are unable to be proven for several reasons. In order to be successful in handling a defective airbag case, the injuries must be serious enough to justify the considerable costs for independent experts and investigators necessary to successfully prosecute a successful claim against an automaker and supplier.

Most airbag defect cases are fiercely litigated and rarely settle. They require extensive expertise from the lawyers and experts interpreting, exploring, and investigating the case, and there may also be excellent reasons for non-deployment of an airbag.

If you have been involved in a car accident involving a defective airbag, you must preserve the evidence carefully and make sure that the vehicle is not repaired prior to getting any data from the airbag CPU. Normally CPU’s loop data recording and data is overwritten. When the airbag deploys, the event is written permanently. There may be good reasons that the airbag did not deploy except when necessary. All potential responsible defendants and their respective insurance carriers must be sent a non-spoliation of evidence letter.

Airbag deployment can cause serious injuries or death if the airbag deploys when the occupant is in the proper zone of inflation. Cases worth considering for defective airbags with over-aggressive or non-deployment of the airbag involve a belted occupant who has an injury severe enough to warrant significant expenditures to successfully prosecute the claim. Some of the injuries that should be considered by the client and practitioners prior to prosecution of an airbag defect claim are severe head injuries, brain injuries, cervical fractures, paralysis, death, and loss of vision; injuries that a proper deployment is designed to prevent. Many times, we are called upon to evaluate airbag defect cases where the injuries are minor and only involve burns or minimal scarring and we must respectfully decline to prosecute these airbag defect claims.

The burden of proof in an airbag defect case requires being able to causally connect the injuries to the defect, which can be quite time consuming and expensive for the practicing attorney, thereby necessitating injuries serious enough to warrant proper pursuit of the legal cause of action. Airbag cases require careful reconstruction and a trace back from the airbag sensors to see what went wrong and identify the specific airbag defect. Without evidence to analyze, successful prosecution of the case will be very difficult, if not impossible.

The Pennsylvania airbag defect lawyers of Reiff and Bily understand airbag defects and always offer a free, no obligation consultation to those involved in an accident involving a catastrophic non-deployment and over-aggressive deployment of an airbag. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Who is at fault when you are injured by a negligent third party and in the course of medical treatment, under the direct care of a doctor, sustain further injuries? The Supreme Court of Pennsylvania answered this question in Thompson v. Fox, 326 Pa. 209 (1937). The court’s decision is now prominent and important law in the state of Pennsylvania.

The plaintiff (Thompson) in the case was hit by a car and immediately taken to the hospital where he was treated for a fractured neck. Thompson was out of work and in the hospital for over a year, had excessive medical bills, and suffered great amounts of pain. Two years after the accident, Thompson’s attorney settled his case.

A year later, Thompson, getting worse, tried to bring an action for medical malpractice against the doctor who treated him. Thompson claimed that the doctor carelessly and improperly treated his fracture and did not act within surgical and medical standards.

The court decided that whether the doctor had acted negligently was of no concern. Because Thompson had already settled his claim and received compensation for the injuries he sustained in the car accident, Thompson could not seek damages from his doctor. The court declared a “new rule” for Pennsylvania, which has been adopted by the Restatement (Second) of Torts § 457 (1965).

If the negligent actor is liable for another's bodily injury, he is also subject to liability for any additional bodily harm resulting from normal efforts of third persons in rendering aid which the other's injury reasonably requires, irrespective of whether such acts are done in a proper or a negligent manner.

Because Thompson’s attorney settled without including injuries caused by the doctor, Thompson was unable to recover for the doctor’s mistakes after the fact. The court noted that doctors are human and they make mistakes. But, when a doctor’s mistakes are made in the course of treatment for a condition that was caused by another’s act, any further damage the doctor caused is considered, in law, as an incident of the original injury. Once you or your attorney elect to settle your claim, the case is over.

When a personal injury lawyer in PA is retained to represent a victim and their family after a catastrophic injury or car accidents has occurred, it is important that the lawyer and the client communicate and make all major decisions potentially impacting the outcome together. It is important that the attorney communicate realistic ideas about the value of the client’s case and their prospects of success.

The experienced Philadelphia car accident lawyers of Reiff & Bily have been litigating legal claims on behalf of injured clients involving car accidents since 1979 and we always carefully explain the elements and issues of each case to all of our clients. Years of experience not only benefits the client, but also serves as an advantage when dealing or negotiating with insurance companies and defense attorneys who understand the character traits and integrity standards maintained by a particular lawyer or law firm.

In the spring and summer, a bicycle is my favorite means of transportation and exercise. Over the last 45 years, I have had my share of bicycle accidents, and as a Pennsylvania bicycle accident attorney, I have represented many bicycle accident victims who were not so lucky when they were struck by vehicles ignorant of their rights on the streets of Pennsylvania.

For years, I have been calling for a law in Pennsylvania requiring greater clearance between cars and bicyclists on the highways. Although Pennsylvania has designated bike lanes, seemingly many cars do not pay attention to the same. Thankfully, Pennsylvania legislators and lawmakers passed a new law requiring cars and trucks to give at least four feet of clearance when passing a cyclist. This law is in effect in 20 other states. However, as an experienced attorney who is also an avid bicyclist, I am concerned that many drivers will not pay attention to the law and that enforcement without strict regulations and teeth will occur.

Just last year, I handled a case where a 7-year old young boy was struck riding his bicycle in the bicycle lane by a prominent religious official who was not paying attention to the bicycle lane. The police arrived and there were no tickets issued or consequences for the striking vehicle. It is one thing to create laws, but another thing to enforce them.

If you or a loved one has been involved in a bike crash in Philadelphia, you may want to consider contacting an avid bicyclist who has also been a bicycle accident attorney for the last three decades. Our record of success speaks for itself and we are committed to consumer and bicycle safety.

As a Philadelphia car accident lawyer and automotive product liability attorney who has handled some of the most horrific cases involving catastrophic injury and death due to victims not wearing a seat belt or a seat belt failure due to defective seat belt design, I was somewhat shocked when I got pulled over by a police officer who claimed that I was not wearing a seat belt when in fact I was.

As a person who never wore a seat belt for many years, I began to habitually wear them after witnessing horrific injuries and loss of life by careless victims who did not understand the importance of the same.

Although I was initially disappointed when I was stopped by the police officer; in fact, I was glad to learn after speaking with him that local police are stepping up their efforts to ensure that all drivers and passengers are buckled in for safety. After I explained my position to the police officer and thanked him for enforcing this necessary law and making others aware of the dangers, I was able to talk my way out of a fine.

The traffic officer informed me that extra seat belt enforcement patrols were being stepped up due to the fact that most of the deaths occurring in motor vehicle accidents are the result of people not wearing seat belts.

The primary seat belt law requires that all drivers and passengers in all seating positions, including the back seat, be safely buckled up with a seat belt or be placed in a correct child restraint. If you are not properly seat belted, you will be stopped and ticketed.

The Philadelphia car accident law firm of Reiff and Bily has been committed to consumer and vehicular safety for over three decades. We always offer a free, no obligation consultation to victims and their families injured in motor vehicle accidents.