Philadelphia Car Accident Lawyer Blog

When you think of pulling a U-Haul trailer, one thing you probably never ever consider is that many SUV’s including but not limited to the Ford Explorer may be one of the most unsafe vehicles to hitch a trailer to. U-Haul International, the nation’s largest provider of rental trailers claims to be highly conservative when it comes to safety, however, U-haul has known for several years that there is a potentially unsafe and dangerous situation that existed with a combination of the two.

In 2003, U-Haul banned towing of its trailers with Ford Explorers due to the fact that trailer sway (the leading cause of towing accidents) caused the driver to lose control of the SUV in a tail wagging the dog manner often causing a catastrophic vehicle rollover. Driving downhill, making a sharp turn, or even a gust of wind, can cause the trailer to swing so violently that even the most experienced drivers have problems regaining control and avoiding a catastrophic accident.

Despite U-Haul’s policies, we have discovered that customers are still pulling trailers as heavy or heavier than their own vehicles. Simply stated, this is an accident waiting to happen. Many times these trailers go months without thorough safety inspections which clearly is a violation of the company’s own policies.

Many trailers have problems with brakes and are towed by people who have little if any knowledge about loading or towing trailers. Many renters of trailers are given little or no instructions about loading or towing trailers, and in an accident avoidance maneuver, many drivers pulling a trailer take instinctive and reflexive actions to avoid an accident scenario which can make the swing worse and contribute to the accident. Yet, when an accident occurs, the trailer company almost always blames the customer or driver, noting “driver error”.

It’s conventional wisdom that products, cars, and trailers should be safely designed, and that their operators should receive proper instructions prior to operating them. Too many times trailer towing companies fail to fully explain the necessary safety requirements to the novice and inexperienced trailer renter. It is imperative that when towing a trailer the towing vehicle must significantly outweigh the trailer. The U-Haul trailer rental company is well aware of the risks of a run away trailer rollover accident and has been sued countless times for wrongful death and personal injury. Additionally U-haul has repeatedly failed to properly maintain its fleet of close to 20,000 trailers in a proper and safe condition, and address the weight distribution issue, not adding adequate safety devices to prevent trailer sway

U-Haul still remains one of the only company’s in American that allows customers to rent its trailers and pull them behind an SUV, whereas many of U-Haul’s competitors, recognizing the weight distribution problem, requires customers to pull the trailers with a heavy six wheel vehicle. In fact, U-Haul’s fleet of trailers used to have a decal affixed that stated for use behind six wheel vehicles only. However the company changed the policy seemingly stressing profitability over safety in continuing to rent trailers to customers with SUVs. U-Haul’s only clear policy, that I am aware of, states that customers are prevented from using Ford Explorers to pull their trailers. However, U-Haul trailers are still unsafely being pulled behind many other SUV’s and four wheel vehicles.

Until you have come face to face with the victims and their families of a catastrophic rollover, one cannot understand the devastation that occurs when a company that is aware of dangers continues to stress profitability over safety.

The vehicle rollover and defective trailer accident lawyers of Reiff and Bily understand that one must always stand for something or you will fall for anything, and that safety rather than profits always must be priority number one. If you or a loved one was the unfortunate victim of a vehicle rollover or defective trailer accident, let one of our experienced vehicle rollover and defective trailer attorneys offer a free, no obligation consultation. We are committed to vehicle and consumer safety and always offer a zero recovery, no fee guarantee. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

In 2004, a 15 passenger church van rolled over. The plaintiffs’ lawyers representing the deceased victims argued that the Ford Motor Company knew that the vehicle had faulty tires but refused to do anything about it. Plaintiffs’ attorney stated to the jury “the evidence is uncontested that Ford made a conscious decision to not communicate information to dealerships and they made a conscious decision not to tell their customers.” The facts of the case alleged that a tread separation and tire defect of the van’s rear right tire, manufactured by Goodyear, caused the accident. Plaintiffs’ attorney claimed that Ford (the manufacturer of the 15-passenger 1993 E-350 Ford Econoline van) knew about the recall and was negligent for never informing its dealers or customers. However, not so surprising in this case, is the fact that Ford claims the deaths of the driver and passenger was due to their not wearing seat belts. The case has not yet gone to the jury.

As an experienced Pennsylvania 15 passenger van and SUV rollover attorney who has investigated and litigated many rollover claims involving tire defects over the years, one thing is for certain, that these vans and SUVs have a higher center of gravity and when fully loaded become very unstable if a tire should experience a blowout due to a defect or the driver enters into a sudden accident avoidance maneuver. I trust that the jury will carefully evaluate all of the evidence and render a just verdict in the California courtroom where this case is being tried. Our hearts and prayers go out to the victims and their families.

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.