Philadelphia Car Accident Lawyer Blog

In the last two years, I have been entrusted with the representation of several individuals who sustained some of the most unimaginable catastrophic injuries that will dramatically affect them for the rest of their lives as a result of short cuts and corner cutting by low cost bus services which sacrificed safety in the name of profits.

The Double Happiness Bus Company regularly transports passengers on the northeast corridor making stops in Philadelphia, Washington, New York City, and Albany, New York.

In December, the U. S. Department of Transportation declared Double Happiness a “eminent hazard to safety” after federal review found numerous safety violations in hours of service, vehicle maintenance, and controlled substance and alcohol testing. It was interesting to note that in our representation of individuals in some of our cases we had to pursue a complicated web of corporate shells and identities before we were able to discern the appropriate and responsible corporate and individual entities that are operating these buses.

When a passenger boards a bus, he or she has every right to expect that the bus will be properly inspected, operated safely, and not operated by an over-fatigued, alcohol or drug induced intoxicated driver. One has a rightful expectation that the bus will be regularly and safely maintained.

The experienced Pennsylvania bus accident lawyers of Reiff and Bily salute the efforts of federal officials in obtaining a court order against the Chinatown bus company, as well as salute every continual effort that federal and state agencies utilize at their disposal to protect the traveling public and remove unsafe bus companies and commercial carriers from our highways. On a side note, it should be stated that the restraining order against the Double Happiness Bus Company cited four violations of controlled substance and alcohol use, including two drivers who had failed pre-employment drug tests. Additionally the company had filed 49 false driver reports and violated several inspections and maintenance regulations. I have voraciously argued for enforcement of common carrier rules when it comes to the substandard bus companies and believe that one must stand for something.

If you or a loved one has been a victim of a common carrier or catastrophic bus accident, our experienced investigators and legal experts are always glad to offer a free, no obligation consultation and a zero recovery, no fee guarantee.

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.

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.

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.