Philadelphia Car Accident Lawyer Blog

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

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

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

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

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

In one of my recent Philadelphia car accident cases, my client was severely injured and notified his insurance company of the accident. Immediately, he received a notification in the mail with a carbon copy to my law firm that stated in effect the following, “This notification is to advise you that in the event you are injured as a result of an accident, you have available to you the services of _________ medical provider. You can call _______ phone number of visit them online at _________ to find out which medical providers are included in this health network. You may also have available to you the services of a different medical provider as a secondary medical provider network in the event a provider is not available in the first health network.” The letter goes on to explain that this program is designed to provide better customer service and that you are under no obligation to use the network and are free to use a medical service provider of your choice. This notice is for informational purposes only and using a provider within the network should not be considered confirmation of coverage.

As an experienced Philadelphia car accident lawyer who has handled thousands of catastrophic car accident injury cases over the last 30 years, one thing I am certain of is that insurance companies will continue to delay, deny, and defend any claim and do whatever it takes to improve their bottom line despite the fact that we all pay a lot of money to insure our homes and automobiles expecting that all damage claims and medical bills will be paid promptly.

I have found that when clients go to automobile repair shops recommended by their insurance company or repair shops on the insurance company’s approved list, the prices are controlled by the insurance companies who steer the clients toward their “preferred businesses” that bid for the work. Many times this leads to repair shops that do superior work losing business to shops that use substandard parts and do inferior work. The insurance industry tells us that every year they try to figure out who can do the best work for the lowest cost and yet I have been engaged in continuous battles with insurance companies over the price and quality of auto repairs necessary to satisfy the client. Many shops that sign on to do business with insurance companies claim they are fearful that they will be left in the cold if they do not participate , and as one owner of a body shop claimed, he views the insurance company as his customer and not the customer who owns the car.

Imagine what the situation will be when it comes to health coverage. It is important to note that as an educated consumer, you have the right to choose the physician or health provider you want. Under most car insurance policies your bills must be paid no matter where or from whom you receive medical treatment and get your car repaired. Understand that you may choose any doctor, hospital, or health provider for your care and the bill must still be paid by your insurance company.

When selecting a healthcare provider or physician, I advise my clients to always select the best possible health provider and not the cheapest.

If your insurance company tries to force you to utilize a particular health provider or auto repair shop, it is time to speak up and exercise your rights. Do not let them pressure you.

The Philadelphia car accident and catastrophic injury law firm of Reiff and Bily has been representing injured consumers for over 30 years and always offers a free, no obligation consultation to victims and their families injured in serious car accidents. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia car accident lawyer for over three decades, I am well aware of the dangers of black ice and always thought I knew what to look for when weather conditions seemed appropriate. This morning as I was leaving my driveway on roads that appeared to be dry with normal traction, I went to apply my brakes at a downhill stop sign and skidded clear across the road and narrowly avoided a car accident. After two strong cups of coffee, it was a rather unnerving and anxious way to start the day.

Icy streets and roadways are a top cause of Pennsylvania auto accidents when drivers lose control of their vehicle in an innocent fashion as was the case in my situation. Car accidents on icy roads happen to many people, and in fact, when my son was 17-years old, he did the same thing and skidded through a stop sign and unfortunately caused a car accident causing injuries to an innocent victim. He was rightfully found to be responsible.

The danger and threat of black ice on the highways is particularly concerning due to the fact that it is normally invisible. Black ice normally occurs due to light freezing rain or because of melting and refreezing of moisture on road surfaces and blends with the surface making it hard to detect. Many times black ice will form due to the heat of tires on the roadway coupled with freezing temperatures and is most common at night or in the early morning when the sun is not shining. Drivers passing over bridges or overpasses and the road beneath overpasses need to be particularly sensitive to black ice as do drivers on hills. If you lose traction or skid on black ice, don’t panic and don’t fight it. Always try to steer the car into the direction you want it to go and it may not be a bad idea to put your flashers on to indicate to other drivers that you are taking your time and exercising caution.

If you or a loved one has been involved in a car accident and sustained an injury on an icy or snowy road, the Pennsylvania motor vehicle accident lawyers of Reiff and Bily have over three decades of experience with successful results recovering in the hundreds of millions of dollars. We always offer a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.

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.

As an experienced Philadelphia car accident lawyer, I salute the Pennsylvania Senate for passing a bill that would make texting while driving a crime. Unfortunately, although I have been a crusader against texting and talking on a cell phone while driving, 17-year old Alexis Summers was killed just hours after the Senate passage of the bill when she crashed into a tree while texting. Our hearts and prayers go out to the family of Alexis Summer, and as the father of a 17-year old teenage boy, I confess that such activity is one of my biggest fears as a parent.

According to news sources, the 17-year old female driver lost control of her vehicle while texting and then proceeded to go over a grass embankment and slammed sideways on the driver’s side into a tree. She was pronounced dead at the scene. The Pennsylvania no texting law will go into effect in Pennsylvania 120 days after signed by Governor Corbett.

As deaths among teenager drivers in car accidents rank among the highest in the Commonwealth of Pennsylvania and throughout the United States, it is my sincerest hope that this legislative action will bring us another step closer to reducing deaths caused by teenagers texting while driving.

The experienced Philadelphia car accident lawyers of Reiff and Bily are committed to automotive and motorist safety, and have represented tens of thousands of Pennsylvanians since 1979. We always offer a free, no obligation consultation as well as a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.