Philadelphia Car Accident Lawyer Blog

For all too long, the big car manufacturers have made safety a luxury for the rich, offering lifesaving devices such as electronic stability control (ESC), side airbags, and rollover airbags as expensive options. While the technology for these lifesaving devices has existed for a long time, manufacturers have continued to offer these optional safety features at a significant expense and their failure to install them in even the basic model may result in a design defect claim if you or a loved one has sustained a substantial or catastrophic injury or death.

We recently concluded a claim where a vehicle manufacturer possessing technology to install side airbags failed to install them due to the fact that they were only offered as an expensive option. The position that we successfully maintained was that manufacturers have an obligation to put the interests of safety over profitability.

Continue reading "Safety Should Never Be an Option Offered Only to the Rich by Car Manufacturers, Advises Auto Product Liability Lawyer" »

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.

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.

Recently one of the major automobile manufacturers confidentially resolved a case involving brain damage to a driver who was at fault during the accident. Counsel was able to demonstrate that the failure to provide side curtain airbags and lack of side laminated glass caused massive head trauma and resulting brain damage when the vehicle experienced multiple rollovers. The attorneys were able to demonstrate that the technology to provide operating side-impact airbags existed long before this catastrophic incident occurred and that the automobile manufacturers simply decided that it was not necessary to place side curtain airbags in the vehicle or provide glazed or laminated glass when in fact the same was being provided in other countries. Obviously, the automobile manufacturer felt that they could make more profits by their actions.

At the Philadelphia car accident and automotive product liability and airbag defect law firm of Reiff and Bily, we understand that safety is priority number one. If you or a loved one had been involved in a car accident involving an airbag failure defect, it costs nothing to contact one of our experienced airbag and auto product liability lawyers for a free, no obligation consultation. We are experienced in thinking “out of the box”. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When Bill Brownwell was cruising in a 15 passenger van and suddenly felt a shake in the back of the van and to his right, he became concerned and alarmed and turned around to take a look at what the noise was. Brownwell was driving a 1993 Ford Econoline E350 15-passenger van on a church outing for a spring concert tour in 2004 when he lost control of the 15 passenger van when the right rear tire tread separated. Like most other 15-passenger van operators in a similar situation, he tried to regain control of the vehicle and bring it back to the roadway after which point the 15-passenger van flipped sideways and then rolled over four times ejecting the driver Brownwell and another passenger leaving them both dead on the side of the road. This 15 passenger van rollover case is currently being tried in California with allegations that the Ford Motor Company knew that the 15-passenger econoline van was dangerous and failed to notify its customers about its alleged defects.

As an experienced 15-passenger van rollover attorney who has witnessed a similar scenario over and over, and unfortunately has dealt with the families of those who have unnecessarily died or have been catastrophically injured due to the alleged defects of the 15-passenger vans, it is important that the manufacturers of these 15-passenger vans be held accountable for their conduct and lack of actions. 15-passenger vans have a high center of gravity and have a high risk of crashes and rollovers in an accident avoidance maneuver or if they are not properly driven or maintained by those who have knowledge of its specific handling characteristics. Many states and school districts have now banned 15-passenger vans. However, they still be the dominant vehicle of choice for church groups, many of whom have limited knowledge of their dangers. The Federal government recently banned the use of 15-passenger vans for school transportation purposes and NHTSA has recently stated that only trained drivers should operate their vehicles and to make sure that the vehicle is properly balanced and loaded.

While NHTSA advises passengers to buckle up for every trip, our experienced 15-passenger van and crashworthiness attorneys have been able to demonstrate even in a van rollover, a weak roof structure, and inadequate and defective design still renders the occupants subject to life altering catastrophic injuries including quadriplegia or paraplegia or death. Many times 15-passenger vans are operated in the South or Southwest where roads have high surface temperatures and tires blow out or delaminate preceding the rollover accident. Many 15-passenger vans still have recalled tires on them, that is, defective tires that are prone to blow out or tread separation. There are currently in excess of 500,000 15-passenger vans on the road, and according to safety and consumer advocate Sean Kane, the 15-passenger van “has a unique position in the world of defective vehicles in the United States”. These vehicles, Kane added, were cobbled together to meet certain needs but were never vetted in terms of safety. There really weren’t any standards applicable to these kind of vehicles.

For over three decades, the experienced vehicle rollover accident and 15-passenger van accident attorneys of Reiff & Bily have been successfully investigating and litigating SUV rollover crashes, 15-passenger van rollover crashes, and other product liability claims, including but not limited to defective seat belts, airbags defects, fuel fed fires, roof crush, and crashworthiness. We are committed to consumer and automobile safety and believe that automobile manufacturers must be held accountable and safety rather than profitability must be priority number one.

Since 1979, I have been actively investigating and litigating catastrophic motor vehicle accidents that result in life altering injuries and wrongful death. My original car accident law practice progressed over the years into the area of auto seat back failure, airbags defects, restraint system failure, and crashworthiness, and I have learned that when someone is catastrophically injured in a car accident, there is often more than meets the eye and you must carefully investigate and reconstruct the accident to investigate for product defects. In many car accident cases involving vehicle rollover or severe collisions there will be failures of restraint systems, seat back failures, roof crush, and crashworthiness issues. One of the key issues in a vehicle crash is containment of an occupant within the vehicle, and when a victim is vehicle ejected, often times there is a failure of one of these factors. Car seats must be properly and safely designed with adequate strength so as to avoid deformity and failure in the event of a collision.

A seat belt must protect the victim rather than spool out allowing for ejection from the vehicle. Many seat belts we have found are equipped with inadequate pre-tensioners when there are safer designs with sensors that would activate in the event of a rollover collision. Many times seat belts are not attached properly within the vehicle and windows are not glazed and are inadequate creating a portal for occupant ejection. Obviously, many car accident lawyers do not possess the experience, knowledge, or skills of biomechanics, occupant kinematics, occupant restraint, seat design or accident reconstruction experience necessary to successfully prosecute a serious case.

The experienced automobile defect and car accident lawyers of Reiff & Bily have recovered hundreds of millions of dollars for over three decades and are not afraid to think outside the box. The resulting injuries from car accidents are not always solely caused by negligent drivers.

Lack of child restraint systems or improper use of child restraint systems greatly increases the chance of traumatic brain injury, injury to the internal organs, fractures, and unfortunately even death. Although there is no uniformity of laws governing infant seats in all 50 states, there is uniformity and universality in the thought that all responsible parents want to protect their children from harm or death. The safest place for any child in a motor vehicle is in the back seat of the vehicle. All children between ages 4 and 8 who weigh under 80 lbs. should sit in a booster seat. In the Commonwealth of Pennsylvania, the law requires that all children under age 4 ride in a federally approved car seat appropriate for the child’s age, height, and weight. While airbags are designed to prevent injuries, it is important that one never puts a rear facing infant restraint in the front seat of a vehicle with a front passenger airbag. A rear facing infant restraint places the infant’s head too close to the airbag module which can cause severe injuries, brain trauma, or death if the airbag deploys.

As an experienced vehicle and airbag defect lawyer who has handled tens of thousands of motor vehicle accidents, I have all too often witnessed the tragedy of airbag fatalities involving children as well as shorter individuals below the median height and weight. No doubt, the safest place for an infant to be seated is in the center of the backseat which also allows the driver to keep an eye on the baby in the rearview mirror. Studies indicate children under age 3 seated in the center of the back seat had nearly half the risk of injury in motor vehicle crashes than children seated in other positions. It seems that the center rear seating position is used less often by children and parents than safety indicates.

The Philadelphia car accident and airbag defect lawyers of Reiff & Bily are committed to consumer safety. If you or a loved one has been involved in a motor vehicle accident resulting from a defective airbag or safety restraint system, we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.