Philadelphia Car Accident Lawyer Blog

Under Pennsylvania common law, any adult who serves alcohol or allows a party to get out of control with other intoxicating substances at their home or without adequate supervision may be considered a social host. If the social host serves alcohol or allows other intoxicating substances to be served at their house to a minor and the minor is injured or if the minor injures someone else because of the intoxication or service of any other intoxicating substance, the social host may be held liable to pay monetary damages to the injured person. Social host liability in Pennsylvania only applies to adults who serve alcohol to minors. Pennsylvania law holds that adults are responsible for the consequences of their drinking.

Also, under Pennsylvania law, any person who furnishes alcohol to a minor commits a third degree misdemeanor and this law has even been applied to parents who have allowed their children to drink at home. The Pennsylvania personal injury lawyers at Reiff and Bily have an excellent track record of success holding negligent social hosts liable when their actions or inactions led to car accidents or other serious accidents resulting in catastrophic injury or death.

A 28-year old commercial airline pilot pled guilty to negligent homicide involving the death of a 68-year-old who was struck broadside by an SUV operated by the pilot that ran a red light. The judge commented that although the pilot would not have considered flying an airplane after a night of drinking, there was no difference as he was flying an SUV down the highway. The judge further remarked “I do not consider this to be an accident. An accident is something that cannot be avoided.” According to news reports, the pilot driver was operating an SUV which failed to stop at a red traffic signal prior to broadsiding the SUV driven by the unfortunate 68-year old victim. The force of the impact was so great that the van occupied by the victim was propelled into a building. The intoxicated driver was not injured and his passenger suffered injuries.

In the courtroom, the victim’s daughter told the judge that there was no reason for the crash or her mother’s untimely death. The judge further noted that this talented young pilot had a lot of promise, a lot of ability and this should serve as a lesson. The judge further remarked, “We lose a lot of people every year to drunk drivers.” The maximum penalty for negligent homicide in this jurisdiction is two years in prison. It is interesting to note in this case that this tragic car accident occurred at 5:05 a.m. and that the driver pilot had stopped drinking at approximately 11:00 p.m. the night before. A test taken 2 hours after the crash revealed that the driver’s blood alcohol content was 0.06, under the legal limit of 0.08. What would have happened if this same airline pilot, who woke the next day after a heavy night of drinking, and entrusted his skills to a planeload of innocent passengers?

The experienced Philadelphia car accident lawyers of Reiff and Bily are committed to motorist safety and are strong advocates against drunk driving. We urge you to pay particular attention to having a designated driver while drinking.

As the holiday season during Thanksgiving and Christmas is one of the busiest times for motorists on area highways, it is also busy for local police and state troopers looking for drunk drivers and the potential for car accidents that result in catastrophic injuries or deaths.

According to a recent study, PennDOT traffic engineer, Lou Belmonte stated “85 to 90% of all crashes are caused by driver behavior and mostly among young adults aged 21 to 25.” Approximately one half of all highway fatalities involve drunk driving. To that end, police have announced Operation Safe Holiday in an effort to thwart drunk driving. If you are driving during the holidays always buckle up and consider designated drivers if you have been drinking. Take a break if you get drowsy because many people take long trips during the holidays. According to the Pennsylvania DUI Association driving while impaired is preventable but unfortunately it’s a crime for which most arrests are made.

The Philadelphia car accident lawyers of Reiff and Bily are committed to driving safety and are strong advocates against drunk driving.

According to a story on a Pittsburgh news station, a loophole was spotlighted noting that although every year more than 50,000 Pennsylvanians get hit by drunk drivers, drunk drivers are allowed to continue to drive after getting arrested. Critics call this a loophole law, a loophole that most other states have closed. The laws of 41 other states require a person arrested for drunk driving to lose his or her driver’s license on the spot, but unfortunately, this is not the case in Pennsylvania. Here you can legally go out, get drunk, get in a crash, hurt or kill someone and be back behind the wheel to drive again legally. For more information on this law, I urge you to contact thepittsburghchannel.com, Channel 4 ABC WTAE and view the most informative and well produced segment.

As an experienced Philadelphia car accident lawyer, I have been concerned about this loophole for many years and have written articles about this state of affairs as I am a hardcore advocate against drunk driving. Unlike Pennsylvania, most states seize a person’s driver’s license when one is arrested for drunk driving. The rate of recidivism is extraordinarily high with people arrested for drunk driving, with such drivers going out repeating the offense and often times catastrophically injuring or killing someone. The Pennsylvania law does not allow the seizure of a driver’s license until there is a conviction. Opponents to the law state that by taking a license prior to conviction, you will be depriving someone of due process because you are presumed innocent until proven guilty.

Continue reading "If You Are Arrested While Driving Drunk In the Commonwealth of Pennsylvania You May Be Back On The Road The Same Day After Getting Arrested - Why? Asks This Experienced Philadelphia Car Accident Lawyer" »

Recent statistics indicated that there have been 1,137 DUI arrests by State Police in Philadelphia since the start of 2008, the most arrests by troopers in any Pennsylvania county. In fact, state troopers who patrol Bucks, Lehigh, and Northampton counties also made 63% more drunken arrests this past Labor Day weekend than in 2008 as part of a state-wide crack down on drunken driving. While studies suggest that there were fewer people on our roadways, state troopers are tallying more arrests and issuing more tickets as part of an initiative by state and local police to crackdown on dangerous driving, particularly drunk driving. There have been more car accidents attributable to drunk drivers to date in 2009 than 2008.

The staff of Reiff and Bily, a law firm experienced in handling car accident cases since 1979, has seen a dramatic increase in the intake of cases involving drivers operating a vehicle under the influence. Many times tragic accidents occur, resulting from motorists driving under the influence, causing harm, catastrophic injuries or wrongful death to motor vehicle passengers. Coupled with an increase in DUIs, we are also noticing an interesting trend in that many operators of such vehicles do not have adequate insurance or, in fact, are uninsured thereby leaving innocent victims unable to collect for their catastrophic injuries.

I have also observed that many of the operators who have been apprehended while driving under the influence are driving on suspended driver’s licenses and have had multiple arrests for driving while intoxicated. The bottom line is that many of these people should not have been operating a motor vehicle in the first place and take their lack of responsibility further by drinking and causing easily preventable injuries.

If you or a loved one has been involved in a motor vehicle accident caused by a driver operating a vehicle under the influence of alcohol or any other intoxicating substance, please feel free to contact one of our experienced Philadelphia car accident lawyers for a free no obligation consultation 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 and 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 and 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 and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

On Friday, August 28th a Chambersburg, Pennsylvania man learned that it is not wise to show up at the local State Police barracks to pick up your friend when you have been drinking. Believe it or not, according to news sources Jeffrey Eric Coulter, age 46, was arrested for driving under the influence after he arrived at the State Police barracks intoxicated at 2:54 a.m. News sources further report that he was at the police barracks to pick up his friend who was arrested for DUI earlier that night.

The Philadelphia Dram Shop and alcohol-related injury lawyers of Reiff and Bily salute the efforts of the Pennsylvania State Police in recognizing that Mr. Coulter was intoxicated when he arrived at the barracks. In Pennsylvania, people who are harmed by drunk drivers may file lawsuits against irresponsible and reckless bar owners, as well as an intoxicated driver. Unfortunately, according to a NHTSA study, someone dies in an alcohol-related car accident approximately ever 30 minutes. Each one of these tragic deaths is easily preventable.

If you or a loved one has been killed or injured as a result of a drunk driving accident or any other alcohol-related injury caused by the negligence of the irresponsible party, please contact one of our experienced Dram Shop and alcohol-related injury lawyers at Reiff and Bily for a free evaluation of your case at 1-800-421-9595 or online at www.reiffandbily.com.

According to a recent report, drunk driving arrests among women are rapidly rising in the United States while DUI arrests among men are falling. A recent deadly crash in New York claimed the lives of eight people, including 4 children, and involved a woman allegedly driving drunk while transporting her children. In this New York case which drew national attention, Diane Schuler, 36, was noted to be high on alcohol and marijuana when she drove her minivan the wrong way for nearly two miles on a highway before smashing head-on into another vehicle. Schuler, four children in her van and three men in the other vehicle died in the violent car accident.

According to the survey, nationally the women arrested while driving under the influence of alcohol or drugs was 28.8% higher than in 2007 while arrests of men for drunk driving decreased 7.5%. Uniform crime reports in Pennsylvania indicated that males accounted for 78% and females for 22% of the state’s DUI arrests last year and Lt. Mira Taylor, Director of Public Information for the Pennsylvania State Police, noted that there was a 6.2% increase in the number of women arrested for drunk driving from 2007 to 2008 in Pennsylvania.

Continue reading "Mother’s “Little Helper” (Alcohol) Results In More Drunk Driving Arrests Among Women In Pennsylvania As Well As Nationally" »

The Philadelphia car accident and Dram Shop lawyers of Reiff and Bily continue to be astounded when people fail to take responsibility for their actions, particularly while driving when intoxicated. In our opinion, these individuals are the worst offenders and deserve to be prosecuted to the full extent of the law criminally and civilly for the damages and harm that they cause. Recently, an Easton, Pennsylvania man identified as 44-year old Scott Allan Witmer, who represented himself in a court hearing, stated that the police lacked jurisdiction to pull him over and furthermore stated “I live inside myself not in Pennsylvania” and stated there was no victim in the crime. This is according to news sources published March 10, 2009 in the Daily Item, Easton, Pennsylvania. ((news article)

What this gentleman fails to recognize is that the drunk driving laws of Pennsylvania apply to everyone and are intended to deter such irresponsible behaviors which often lead up to catastrophic injuries and fatalities to innocent victims.

Unfortunately thousands of people die on Pennsylvania and national highways ever year as the result of alcohol related incidents. In Pennsylvania, people who are harmed by drunk drivers may file a law suit against irresponsible and reckless bar owners, as well as an intoxicated driver. An intoxicated person who causes a catastrophic accident or fatality while operating a motor vehicle, as well as a business or personal establishment or social host who gave alcohol to a visibly intoxicated person, is legally responsible for any damage that person may cause.

Continue reading "A Man Suspected Of Driving Under The Influence States That The Laws Do Not Apply To Him And The Court’s Have No Jurisdiction Over Him In Pennsylvania" »

Philadelphia Dram Shop and negligent alcohol related injury attorney, Jeffrey Reiff, believes that Pennsylvania and New Jersey should follow the lead of 8 other states to pass legislation mandating ignition cut off devices for DUI offenders.

Last week the Senate Law and Public Safety Committee of New Jersey proposed a law that would extend a lock mandate to first time DUI offenders whose blood alcohol content registered 0.15% or higher, nearly twice New Jersey’s 0.8% legal definition.

The proposed law would allow Judges to order ignition locks for first time offenders with blood alcohol levels of 0.8 and 0.15 and set the length of time that locks would be required. A similar bill is pending in the Assembly. The number of DUIs are growing exponentially in Pennsylvania and New Jersey and so are the resulting deaths and catastrophic injuries. This law together with increased sobriety check points by the police would help others bear the grief and spare others the pain suffered by families whose loved ones have been injured or killed by drivers operating motor vehicles under the influence of alcohol.

Continue reading "It’s Time For Pennsylvania and New Jersey To Have A Rule Mandating Ignition Cut Off Devices For DUI Offenders" »

Not surprisingly many 2008 - 2009 holiday car accidents resulted in fatalities that were alcohol related. Commissioner Frank E. Pawlowski was quoted as stating “Too many lives are lost because people drive after they have been drinking.” A State Police spokesman also noted that 5 of the fatalities were individuals who were not wearing seat belts. During the holiday period, there were 312 DUI arrests, 4,512 speeding citations and 984 crashes. As a reminder, the level at which a driver in Pennsylvania is considered drunk is 0.08%. Unfortunately, every year the holiday season brings forth more fatalities due to driving under the influence.

On another note, some commentators have stated that the downturn in the economy has lead to more drinking and henceforth, more drunk driving. Surprisingly, a story came over the wires on January 7th whereupon a Pennsylvania police officer was accused of crashing his patrol car while drunk on duty as the officer’s blood alcohol level was 0.123%. According to the police officer’s attorney, his drinking was triggered by job-related stress.

If you or a loved one has suffered injuries in a car accident, please call the Philadelphia car accident lawyers of Reiff and Bily for a free consultation. We have been protecting the rights of seriously injured victims of car accidents since 1979 and our successful track record speaks for itself. Please browse our website at www.reiffandbily.com or contact us at 1-800-421-9595.