Philadelphia Car Accident Lawyer Blog

As an experienced Philadelphia auto defect lawyer who has handled some of the most catastrophic claims over the last three decades, the one thing that I have come to recognize is that most automakers will throw the rules of fairness aside and do anything it takes to win a case when their corporate profitability is at stake.

In many of our auto defect and product liability cases that have occurred throughout the United States, we have noticed an interesting pattern of investigators covertly employed by major automakers arriving on the scene just shortly after the accident performing what we sometimes refer to as a “covert spy and clean up mission”.

In a recent Florida case, despite the fact that there was limited notification to surviving family members just approximately 1 ½ hours after the accident, an investigator who was traced back to one of the automobile manufacturers was seen inspecting the vehicle and removing debris from the road. This scenario seemed to reproduce itself in other cases we are investigating, and recently, Toyota was sanctioned in a case after finding that Toyota defense lawyers inspected a victim’s vehicle without first contacting the victim’s lawyers.

When we receive notice of a potential product liability claim or car accident involving serious injuries and property damage, the first thing we try to do is put all of the potential parties, including the insurance company, defendants, auto manufacturers, and legal authorities, on notice to preserve evidence to avoid non-spoliation of information and evidence which could be crucial in protecting the claim.

The pre-litigation phase of a trial is the most important stage of the process when it comes time to inspecting and gathering evidence to be interpreted by experts, investigators, and counsel. In the Toyota situation, the Judge overseeing a sudden acceleration case determined that Toyota violated his Order to preserve data by failing to contact lawyers for the crash victims prior to conducting an inspection. When a plaintiff’s attorney, experts, and investigators are not present for a vehicle inspection, it is impossible to know just what is going on and the possibility does exist that data can be altered despite the fact that many of the experts hired on behalf of the defendant automobile manufacturers or from the automobile manufacturer itself claim that they would never do such a thing. All parties to any product liability claim and their lawyers have a duty to preserve evidence and not perform any inspection testing that might be destructive, jeopardize, or compromise facts in the case. If any party or lawyer intends or even negligently destroys or alters evidence in a case, the same is referred to as spoliation, which makes it more difficult for the opponent to prove their case. While a Court may order sanctions, often it is not enough.

Frequently a Judge will issue a sanction informing the jury that a party’s conduct in destroying or altering evidence that would have been unfavorable to that party and presume the evidence would have been unfavorable. However, evidence that has been destroyed or altered is the crux of the case and many cases may not even make it as far as the courtroom.

We have been contacted in many cases late in the game when other lawyers not familiar with non-spoliation letters or the preservation of evidence have simply missed the opportunity to properly conduct this most important inspection and gathering of evidence and failed to send non-spoliation and preservation letters to the proper parties. What could have been a good case has been severely compromised.

One of the mottos that I am fond of using and find to be most accurate in my practice of law and in life is that chance favors the prepared mind.

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.

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.

For over thirty years, our office has represented many victims and their families who have suffered catastrophic injuries and wrongful deaths due to car accidents caused by black ice on the highways. I live in the suburbs of Philadelphia and have a 17-year old son who travels to school early every morning as a relatively new driver. I am sure that my son has never had an experience with black ice, and recall an incident that occurred when my oldest son who is now 30-years old skidded through a stop sign on black ice approximately a month after he learned how to drive. Yes, Halloween can be scary enough for young kids, but when the first frost comes and moisture joins it as a partner and creates a black ice situation, the fear reality should strike with even greater magnitude than a scary Halloween. Black ice, also known as glare ice, is really nothing more than a thin layer of ice on the roadway that occurs when there is moisture in the air and temperatures are below freezing. When you travel over certain spots and go to apply your brakes, you lose traction and the car has a tendency to shift to the left and then right, or proceed dangerously into an object in front of it. This typically happens and occurs when you least expect it and is often the cause of car accidents that were avoidable with the proper use of caution. Many times black ice is not glossy like typical ice and has a dull appearance making it almost invisible. The moral of the story is, if it is a cold day and there is moisture, take some extra precaution. Even if you have a four wheel drive vehicle, it does not mean you are immune to black ice.

The Philadelphia car accident lawyers of Reiff and Bily are committed to motorist and automotive safety and have successfully handled thousands of car accident and auto defect claims since 1979. We always offer a free, no obligation consultation 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.

I just returned back to Philadelphia from the West Coast and observed a fairly familiar scene which was more horrific to me and should be to any of my readers than any Halloween or haunted attraction, namely a rerun of a scene that I have witnessed all too many times.

While traveling down a highway at a high rate of speed, I saw a 15-passenger van loaded with college students on their way to a sporting event. The van approached a curve at what I consider to be too high a speed, and narrowly avoided rolling over which would have surely resulted in catastrophic injuries and potential deaths to the young occupants. The driver was barely able to prevent a van rollover accident.

As an experienced 15 passenger van and rollover accident attorney for many decades, one can not imagine the horror inflicted upon unknowing and innocent occupants of these vehicles during a normal accident avoidance maneuver which results all too many times in a catastrophic 15-passenger van rollover. Unfortunately, many of the occupants of these vehicles are churchgoers following God’s way or school children on their way to a sporting event or class outing. Last year, over 1,000 people were killed or injured in 15-passenger van crashes. Unfortunately, there is still in excess of 500,000 of 15-passenger vans on America’s roadways. The 15-passenger van was a modified design of a van originally meant to carry cargo. As the 15-passenger van becomes fully loaded with occupants and luggage, the rollover rate increases significantly due to its high center of gravity and extended rear section. If this occurrence is coupled with an inexperienced driver, defective tires, or an accident avoidance maneuver, the horror is unimaginable and often results in the loss of innocent and young lives. The automobile manufacturers and their well versed attorneys will tell you that these vehicles are very safe and have passed many stringent safety tests. However, as an experienced 15-passenger van and rollover attorney, I am aware of internal corporate documents possessed by the automobile manufacturers that clearly indicate the dangers of these vehicles. So the question that begs to be answered is why are they still being used by so many daycare centers, senior citizen centers, churches, sports teams, and schools when they are so extremely hazardous and dangerous. Simply put, automobile and 15-passenger van manufacturers continue to emphasize profitability over safety, and all too many people do not know about the dangers of these vehicles until they receive a frantic phone call informing them of an accident.

Continue reading "15-Passenger Vans Are More Horrific Than Anything Else You Will Come Into Contact With During Halloween Season" »

For over three decades handling tens of thousands of Pennsylvania car accident cases, I have shared the loss of a child with all too many families after car accidents involving teenage drivers. As an experienced Philadelphia and Pennsylvania car accident attorney, I salute the efforts of Governor Tom Corbett and the state legislature who today signed House Bill 9, also known as Lacey’s Law, which will enable junior drivers to receive more comprehensive training, limit the number of passengers that junior drivers may carry, and make failing to wear a seat belt a primary offense for junior drivers and passengers. The legislation is named in honor of Lacey Gallagher who was age 18 when she was killed in a car crash on April 28, 2007 while she was a passenger in an SUV with six other teenagers. All of the other teenagers in the SUV crash where injured and none were wearing seat belts. As the father of three teenage boys who has litigated many car crashes involving product defects and careless driving by teenagers, I am well aware that the number of car crashes for teens increase incrementally with the number of passengers in the car. As responsible as we hope our children to be, I salute the strengthened restrictions for teenage drivers.

To learn more about young driver safety and Lacey’s Law, please visit the Pennsylvania Department of Transportation’s website at www.dot.state.pa.us.

The experienced Philadelphia car accident lawyers of Reiff and Bily always offer a free, no obligation consultation to victims and their families who have been involved in significant car accidents where one has suffered a serious personal injury or wrongful death. 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.

For over three decades, I have investigated and prosecuted tens of thousands of car accident cases and Philadelphia car accident lawyer or truck accident lawyer must take all proper measures to preserve evidence and investigate all aspects of the accident in question and to avoid spoliation of the evidence. Extraordinary results for victims of car accidents and truck accidents requires an extraordinary commitment by experienced car accident attorneys who understand how to dutifully retrieve all of the information from a black box in any situation where catastrophic loss or death occurs. In a collision event, the EDR or black box must be examined and downloaded. It is estimated that over 85% of vehicles have EDR's installed and NHTSA has set a timetable to have all vehicles in compliance with the EDR standards.

If you or a loved one has been the unfortunate victim of a car or truck accident and sustained catastrophic injuries or wrongful death, the law firm of Reiff & Bily always offers a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.