Philadelphia Car Accident Lawyer Blog

With summer only weeks away, I notice an increasing number of bicycles on the road. Unfortunately, I have also noticed an increase in the number of calls coming into my office from cyclists who sustained serious injuries when they were struck by an inattentive driver who failed to yield the right-of-way.

When a bicycle and car approach an intersection, there is often confusion between the bicycle rider and the automobile driver as to which one of them has the right-of-way. Many times, both the bicycle rider and driver of the car approach an intersection at the same time, resulting in the bicycle rider sustaining catastrophic injuries, including, but not limited to, brain and head injuries; concussions; skull fractures requiring surgical repair; spinal injuries resulting in paralysis; herniated discs; broken bones; jaw fractures; collar bone injuries; and deep cuts and lacerations.

Chapter 33, Section 3321 of the Pennsylvania Vehicle Code states: “When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.” Liability in a collision involving a motor vehicle colliding with a bicyclist is determined based on who had the right-of-way at the time of the accident: the bike or the car?

When riding a bicycle, one is expected to obey all the rules of the road that apply to motor vehicles set forth in the Pennsylvania vehicle code. The experienced Philadelphia bicycle accident attorneys at Reiff & Bily recommend bicycle riders stay up to date on bicycle laws, make sure their bicycle is properly maintained, and never ride a bike without a helmet. In addition, we recommend that bicycle riders wear bright colors so drivers can better recognize them, and avoid riding after dark.

Our highly skilled team of experienced Pennsylvania bicycle accident lawyers are all experienced bicyclists with decades of experience handling the most complex car accident and bicycle accident cases involving negligent inattentive drivers failing to yield the right-of-way to bicycle riders on the road. At Reiff & Bily, we understand the financial and emotional hardships that victims and their families can suffer as a result of a bike crash. Our law firm remains committed to bicycle safety and always offers a free, no obligation consultation to those injured in bicycle accidents caused by the fault of another.

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.

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.

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.

For over three decades as an experienced Philadelphia car accident and hit and run accident lawyer, I have noticed an alarming increase in the number of hit and run accidents. A hit and run accident is a crime committed by a fleeing driver. I have stated many times before that there is never a good reason why someone would not stop after being involved in a car accident.

Recently I met with the family of a young father with an impeccable work record who was struck by a hit and run driver on his way home from work one evening a few weeks ago. The investigation revealed that the offending hit and run driver was an off duty police officer. The victim now lays motionless in a coma in a hospital room while his parents, family, and child express concerns and worries about his and their futures. Medical bills and bills for rehabilitation will likely skyrocket into the hundreds of thousands if not millions of dollars.

The day following the accident, the investigation revealed that the police officer turned herself in with extensive damage to the striking vehicle. The obvious question to be answered is Why would an off duty police officer and a responsible individual not call 911 immediately after the accident to inform the police about what happened and offer immediate assistance?

As an experienced hit and run accident lawyer, I have shared the pain of innocent and unknowing victims with all too many parents and families who have suffered losses as result of hit and run accidents caused by drivers who leave the scene generally because they were intoxicated by virtue of drugs or alcohol. Law enforcement officials claim that the situation is a growing challenge and I for one can state that our law firm received at least 4 phone calls just this morning from hit and run accident victims.

Continue reading "When A Police Officer Leaves The Scene Of A Hit And Run Accident Which Renders The Victim Unconscious And In A Coma, It’s Time to Wake Up And Recognize That The Hit And Run Epidemic Needs An Immediate And Major Fix" »

Philadelphia has more bicycle commuters per capita than any of the nation’s other top ten most populated cities according to new census figures. Philadelphia’s rate of bicycle commuters is more than triple the national average of .55% according to analysis performed by The Bicycle Coalition of Greater Philadelphia. This statistic calls to issue an interesting query. With the growing number of uninsured motorists in Philadelphia, what happens when a bicyclist is hit by an uninsured or underinsured motorist? The uninsured motorist clause on your own automobile policy may pay if you are hit and run down while bicycling. Check your policy carefully.

As I have noted before in my blogs, Philadelphia has an uninsured motorist as well as hit and run accident pandemic and we are contacted many times a week by bicyclists in a bicycle accident with a hit and run driver or an uninsured motorist. It goes without saying that when a car strikes a bicycle, the injuries are generally catastrophic and many times fatal, often resulting in catastrophic consequences when there is no insurance or limited insurance. If you do not own a motor vehicle, you should contact an insurance agent to purchase a comprehensive insurance policy. A comprehensive bicycle insurance policy, like its counterpart for car insurance, will cover cyclists for risks such as liability, personal injury, uninsured motorists and theft.

Generally, if you own a car insurance policy, UM/UIM coverage will be available within the comprehensive automobile policy providing insurance against collisions with uninsured or underinsured motorists. Uninsured and underinsured motorist coverage is not mandatory in Pennsylvania. This type of coverage is important for a cyclist to have. I recommend seeking more than the minimal level of insurance due to the fact that most times when a car is in a collision with a bicycle, the injuries are sufficiently more than the policy coverage unless there is a minor collision.

If you were involved in a bicycle accident with an automobile or a hit and run driver, one should select the services of an experienced bicycle accident and car accident lawyer to fully investigate the claim and make an informed decision regarding your options. Never accept a settlement from an uninsured driver’s insurance company without getting approval from your own insurance company. You may jeopardize your own company’s rights to pay a UM/UIM claim. If you or a loved one has been involved in a bicycle accident or car accident with a hit and run or uninsured motorist, please contact one of our experienced bicycle and car accident lawyers at Reiff & Bily at 1-800-421-9595 or online at www.reiffandbily.com.

According to news sources a woman in her forties riding a bicycle in center city was critically injured by a suspected drunk driver on Saturday evening at approximately 7:30 p.m. at 22nd and Market Streets, Philadelphia, PA. The operator of the truck continued after the impact but was flagged down and stopped by SEPTA police at 22nd and the Parkway. The victim was transported to the Hospital of the University of Pennsylvania and reported in non-stabled condition with severe trauma. The driver of the truck, a 79-year old man, was arrested on the suspicion of driving under the influence.

I have been writing now for many years that the hit and run car accident situation is out of control in Philadelphia and enough is enough. Penalties are needed with more teeth in them. For the last year, we have noticed an interesting upward trend whereupon many cases of hit and run occur involving repeat DUI offenders with minimal insurance coverage or no coverage at all where innocent victims have been catastrophically injuried or killed. Believe it or not, the current law in the Commonwealth of Pennsylvania actually benefits those who leave the scene of an accident when intoxicated. DUI punishments and hit and run penalties need to be much harsher in Pennsylvania as DUI and hit and run accidents tear families apart. Pennsylvania has a significant loophole that actually rewards people who leave the scene of an accident while intoxicated.

The experienced hit and run car accident lawyers of Reiff & Bily feel strongly that with the rate of hit and runs and recidivism on the rise, minimal prison sentences and fines are not enough. The hit and run car accident lawyers at Reiff & Bily feel that anyone operating a vehicle under the influence of alcohol is no different than a man carrying a gun who kills someone where the penalty is much higher.

If you or a loved one has been injured in a hit and run or car accident, please contact one of the experienced Philadelphia hit and run and car accident lawyers at Reiff & Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Last week my son purchased a bicycle which will be his primary means of transportation to and from his classes in medical school. As any normal and loving parent would reveal, I am somewhat concerned about my child’s safety while operating his bicycle on streets already overcrowded with cars, buses, and trucks operated by motorists not paying full attention.

According to a recent study, bicycle riders are 12 times more likely than those in cars to suffer a fatal accident. Another study found that pedestrians are 23 times more likely than drivers to die per mile of travel. It is also interesting to note that 11% of bicycle accidents involve a collision with a car. As an avid bicyclist and motorcyclist since my early teen years and as a practicing car accident lawyer in Philadelphia since 1979, I can honestly state that there are a lot of bad drivers on the road who simply do not pay attention. Many times they will cut in front of you, open their door in your path, run a stop sign or traffic light, so you must always operate a motorcycle or bicycle in a defensive fashion and follow the boy scout model “Be prepared.”

Continue reading "I Ride My Bike To Work Everyday: Do I Need Insurance?" »