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.

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.

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.

Over the last few years, I have seen the hit and run car accident epidemic in Philadelphia increase to the point where law enforcement officials and legislators really must take a much more aggressive stance to address the situation. Just this morning on the way into my office, I was traveling southbound and was the third car in line stopped at a red light when a vehicle in the lane to the right of me also traveling southbound made a left hand turn from the right lane and clipped off the right front quarter panel of another vehicle and kept going despite the protestations evidenced by the horn blasts of the victim’s vehicle. The victim who was struck by the hit and run vehicle obediently did not move his car through the intersection as he was lawfully stopped for the red traffic signal. Despite the loud and most obvious collision, the striking vehicle kept proceeding eastbound once it made the left hand turn. Infuriated, I sat in my vehicle and imagined how the victim felt. As an experienced Pennsylvania automobile accident lawyer, I have investigated and handled all too many cases involving life altering catastrophic injuries and wrongful death that occurred due to the irresponsibility and negligence of another. Oftentimes drivers who leave the scene of a hit and run car accident in Philadelphia do not have mandatory automobile insurance coverage required under Pennsylvania law.
While the news coverage seems to get more voluminous concerning hit and run car accidents in Philadelphia, I have yet to see a satisfactory response by legislation creating or enforcing laws so that strict penalties are sustained by offenders. In my mind, the streets of Philadelphia have become like the “wild west”. Obviously there is never a good reason for anyone to leave the scene of a car accident, and until strict legislation with meaningful enforcement guidelines is passed, this epidemic will continue, greatly affecting the lives of innocent victims.
If you have been involved in a Philadelphia hit and run car accident, the experienced Philadelphia hit and run car accident lawyers of Reiff and Bily always offer a free, no obligation consultation. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Over the last year, we have received reports from clients who have been “friended “ on Facebook by individuals that they cannot identify and we always advise all of our clients to never accept “a friend” that they do not know on any social media as more likely than not there is probably not a good purpose to this “meeting”. As a matter of fact, we recommend that any of our clients involved in a catastrophic injury claim suspend any and all messaging and posting on social media websites until the conclusion of their legal case. If someone attempts to “friend” you on Facebook or any other social media, ask yourself what is their motivation? Is that “friend” motivated by the quest for information? A successful and well versed defense lawyer will attempt to leave no stone unturned in determining any information that they may use against a defendant, including but not limited to queries, relationships, hobbies, and activities that people generally post on Facebook. Unfortunately many times people make postings on Facebook or other social sites that contain sensitive information that can be used against them by a well skilled advocate. When you post something on Facebook, it is posted at your own risk and the courts in Pennsylvania have determined that the information is discoverable.
After numerous depositions over the last year where defense counsel has asked my client to provide his or her Facebook user name and password, the courts have claimed that “only the uninitiated or foolish could believe that Facebook is an online lock box of secrets.” The Pennsylvania courts have held that if a party in a civil case posts information on his or her Facebook page and that information appears to contradict statements and discovery testimony, then the party’s Facebook page falls within the scope of discovery. Therefore, a simple lesson following a motto that I practice by is that “chance favors the prepared mind” and this mandates a strict and serious warning that any information posted online can and most likely will be found by opposing parties or their investigators in litigation and will be reachable through the power of a court issued subpoena.
Jeffrey Reiff has been practicing catastrophic injury and wrongful death law in Pennsylvania since 1979 with the experienced catastrophic injury and wrongful death law firm of Reiff and Bily. He welcomes inquiries concerning new legal matters and always offers a free, no obligation consultation toll free at 1-800-421-9595 or online at www.reiffandbily.com.