Philadelphia Car Accident Lawyer Blog

As a Philadelphia car accident lawyer and automotive product liability attorney who has handled some of the most horrific cases involving catastrophic injury and death due to victims not wearing a seat belt or a seat belt failure due to defective seat belt design, I was somewhat shocked when I got pulled over by a police officer who claimed that I was not wearing a seat belt when in fact I was.

As a person who never wore a seat belt for many years, I began to habitually wear them after witnessing horrific injuries and loss of life by careless victims who did not understand the importance of the same.

Although I was initially disappointed when I was stopped by the police officer; in fact, I was glad to learn after speaking with him that local police are stepping up their efforts to ensure that all drivers and passengers are buckled in for safety. After I explained my position to the police officer and thanked him for enforcing this necessary law and making others aware of the dangers, I was able to talk my way out of a fine.

The traffic officer informed me that extra seat belt enforcement patrols were being stepped up due to the fact that most of the deaths occurring in motor vehicle accidents are the result of people not wearing seat belts.

The primary seat belt law requires that all drivers and passengers in all seating positions, including the back seat, be safely buckled up with a seat belt or be placed in a correct child restraint. If you are not properly seat belted, you will be stopped and ticketed.

The Philadelphia car accident law firm of Reiff and Bily has been committed to consumer and vehicular safety for over three decades. We always offer a free, no obligation consultation to victims and their families injured in motor vehicle accidents.

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.

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.

As I write this, a 1-year old boy remains in critical condition in a Philadelphia hospital after he fell from a moving vehicle and was run over by another car. According to news sources, the unrestrained 1-year child was sitting in the rear seat when the back door somehow opened causing the infant to fall out of the moving SUV, after which point the baby was run over by another vehicle behind the SUV. While it remains unclear how the baby fell from the vehicle, what is clear, according to a spokesperson, is that the 1-year old had not been in a restraint.

As an experienced Philadelphia motor vehicle accident and faulty automobile restraint system lawyer who is also a dedicated consumer advocate for child and automotive safety, this unfortunate and tragic incident clearly exemplifies just how important it is to never take shortcuts and properly secure all infants and small children when they are riding in a motor vehicle. Pennsylvania state law requires that all children under the age of 4 ride in a federally approved car seat or booster seat whenever they are in a vehicle. Failure to comply with these laws could cause drivers to be fined, and in certain cases, sentenced to jail time. We all have an obligation to protect children. More catastrophic injuries and deaths are caused to small children by car accidents than any other cause.

As an experienced Philadelphia car accident and safety restraint lawyer, I strongly suggest that all children under 4 ride secured in a government approved infant seat and the back seat, and one must make sure that the seat is properly installed and affixed. Any child over the age of 8 and under 18 must be restrained using seat belts. As this unfortunate accident indicates, proper safety precautions should never be left to chance.

Our hearts and prayers go out to the infant and family members and we hope and pray for a speedy and healthy recovery.

The National Center for Statistics Analysis indicated that over a quarter of a million children are injured every year in car accidents which means that over 700 are injured every day while traveling on the roadways of America. Thousands of children are killed as a result of their failure to use a seat belt, seat belt malfunction, or the improper installation and usage of a child safety seat. Many times catastrophic injuries and deaths are caused by defectively designed or manufactured child safety seats despite all of the proper precautions being taken by responsible parents. The week of September 24th has been designated as National Child Passenger Safety Week, and many organizations such as AAA and local police and fire departments are offering safety seat and seat belt checkpoints.

As an experienced Philadelphia car accident lawyer for over 30 years who has also investigated and litigated many seat belt defect and child car seat defect claims, it is important that parents perform due diligence prior to purchasing and using a child safety seat. All children should remain in a child safety seat or booster seat until age 8 or older unless they are 4'9" tall. Statistics indicate that 4 out of 5 children age 6 to 8 who were killed in car crashes were improperly restrained or not belted at all according to a AAA study. In almost all auto seat defect cases, the manufacturers will claim that most parents improperly installed the seat and did not follow the manufacturers instructions. Unfortunately many times, sadly this is the case, and safety must never be an option whether it be by manufacturers of infant seats or by parents who take shortcuts in securing their children. Most car accidents occur 5 minutes from the home and all too often parents don’t give a second thought that their child seat may not be properly installed.

If you or a loved one has been the victim of a child seat accident, it pays to have a careful and detailed investigation of the facts to determine who is or may be responsible for resulting catastrophic injuries or wrongful death. The defective child seat and Philadelphia car accident law firm of Reiff & Bily has been litigating car accidents involving catastrophic injuries and wrongful deaths to children and defective child seats for over three decades and has recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our skilled auto product liability and defective child seat lawyers have recovered billions of dollars on behalf of thousands of injured victims and their families since 1958. We always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.