Philadelphia Injury Attorney Blog

The dictionary defines "hope" as the belief in a positive outcome relating to the events and circumstances in one's life. Hope implies a certain amount of despair; wanting, wishing, suffering or perseverance, believing that a better or positive outcome is possible even when there is some evidence leading to the contrary.

The term "false hope" refers to hope highly based on fantasy or an extremely unlikely outcome.

At the law firm of Reiff & Bily, our lawyers understand and respect the value of hope. It is our job to communicate the plaintiffs dreams and hopes to the insurance companies and ultimately to the juries who hear our cases. It is our job to prove that what the plaintiff is capable of doing or was capable of doing prior to an incident and identify the compensation necessary for the plaintiff to recognize the fulfillment of his dreams and goals. The lawyers of Reiff & Bily are not afraid to ask the insurance companies or juries to fully compensate plaintiffs for the loss of their dreams and hopes.

Hope was personified in Greek mythology as "Elpis". When Pandora opened Pandora's box, she let out all of the evils except one known as hope.

In law, damages refer to the money awarded to a claimant, also known as a plaintiff, following a successful claim in a civil action. Damages in personal injury or tort affairs are generally awarded to place the plaintiff in a position that he or she would not have been in had the tort or action not have taken place which put the person in the situation. Compensatory damages compensates the plaintiff for pain and suffering and loss of amenities and losses of hope. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of life's pleasures, frustration, humiliation, degradation, and a non-inclusive list of other factors. This is not easily quantifiable and depends on the individual circumstances. We refer to it as, what is the value of hope? What is the value of the loss of a plaintiff’s loss of dreams and hopes that he had prior to the incident? We seek to recover full compensatory damages generally to place the plaintiff in a position in which he would have been had the offense or tort not taken place.

Continue reading " My Pennsylvania Personal Injury Attorney Reinforced the Value of Hope " »

According to the Philadelphia Daily News article posted on Wednesday, August 27, 2008, it is quoted “In Philadelphia there is a death count that never makes it to the City’s homicide tally". Although the City’s homicide count is down dramatically this year, the hit-and-run deaths so far in 2008 already equal the total number for 2007, according to statistics from the Pennsylvania Department of Transportation and Philadelphia’s Police Department Accident Investigation Division.

In this article, the Philadelphia personal injury and Pennsylvania vehicle accident law firm of Reiff & Bily was quoted and partner Raymond Bily noted that “a person who does not have a criminal record and is charged with a hit and run involving death or serious bodily injury faces a mandatory minimum of just one year in prison." Mr. Bily was also quoted as saying that “if a driver isn’t found until days after a crash, substance-abuse testing becomes more difficult." I can state honestly that there is almost not a week that goes by where we are not contacted by at least one person who has been a victim or had a loved one who was a victim of a hit and run driver resulting in serious injuries and often time fatalities. Too often our clients are faced with situations where they have no avenue for financial recourse, aside from seeking minimal state benefits.

According to the Philadelphia Daily News (August 27, 2008), Theresa Sautter’s 15 year old daughter, Marylee Otto, was run down in March allegedly by Michelle Johnson, 40, a registered nurse who was tracked down when she left her damaged vehicle at her place of employment - The Curren-Frumhold Correctional Facility. Sautter will hold a rally at Rhawn Street and Lexington Avenue in Philadelphia to promote awareness of these crimes and Pennsylvania’s current laws.

Philadelphia is where one third of all Pennsylvania hit and run fatalities occurred in 2007 and this year records indicate deaths are already on a par with last year’s record and it is only August.

Even though not carrying automobile insurance is against the law in most states, including the Commonwealth of Pennsylvania, it happens more often than people realize and with growing frequency in Philadelphia. According to the insurance research counsel, chances are greater than one in seven that an at-fault driver in a collision with another vehicle would be uninsured. Although this is a national statistic, our research reveals that the chances are even greater in Philadelphia that a vehicle involved in a collision will not be insured.

Continue reading " HIT AND RUN DEATHS IN PHILADELPHIA ARE MOUNTING AT AN EVER INCREASING PACE - HOW TO PROTECT YOURSELF " »

On August 22, 2008, a bus accident occurred in New Jersey sending dozens of people, including victims from Pennsylvania, to Pennsylvania or New Jersey hospitals. The accident happened along Interstate 80 in Roxbury Township, New Jersey about 10:00 a.m. on Friday, August 22, 2008. According to the State Police, one of the buses was braking for traffic and changed lanes, hitting the right rear of the second bus which caused the second bus to go into the median and dip down about 50 feet, causing the bus to overturn. Nearly 100 people were on board both buses. Many victims were from Pennsylvania.

On August 11, 2008, I wrote in my blog of another similar accident that occurred when 17 people were killed and others catastrophically injured when another chartered bus ran off an overpass in Sherman, Texas. In that case, the driver’s traffic record included multiple citations for driving while intoxicated in 2001, for speeding in May 2004 and March 2007 and a suspended license in 2001. For further information, please look at our August 11, 2008 blog.

Consequently, the legal responsibility is owed by bus drivers and bus companies to their passengers and others as a bus is considered a common carrier. A common carrier is an individual company or public utility or city buses which is in the regular business of transporting people and/or freight. These common carriers owe their passengers a greater duty of safety and protection than that of an ordinary car. Common carriers and bus companies have a higher level of responsibility to drive with the utmost care and protect passengers and other vehicles sharing the road. However, despite this imputed higher level of responsibility, results indicate that bus drivers do not always drive safely and in some cases are not trained properly. In many cases such as this, innocent people are killed and/or injured.

Continue reading " ANOTHER PREVENTABLE BUS CRASH CLAIMS PENNSYLVANIA VICTIMS " »

On August 20, 2008, yet another van carrying a college sports team crashed in Burgettstown, Pennsylvania, killing one athlete and injuring six of her teammates. Kelley Roggensack, a Franciscan University sophomore was pronounced dead at the scene. According to news reports, the van veered off U.S. Route 22 in Hanover Township, Pennsylvania and police attribute the crash to the driver’s loss of control while she was trying to avoid a tire in the road, causing the van to crash into the woods.

Our experienced SUV and van rollover lawyers at the Pennsylvania SUV law firm of Reiff & Bily understand that victims of rollover accidents sustain some of the most significant and catastrophic injuries, including but not limited to fatalities, and than other type of auto accidents.

Because of their high center of gravity, vans and SUVs are more prone to rollover than any other type of vehicle and SUV occupants are three times as more likely to die in a rollover accident than those in a typical automobile accident. Although a story such as the case mentioned above indicates that the driver was in error, our research and experience indicates that accident avoidance maneuvers taken by drivers are foreseeable by the manufacturers, yet they continue to build vehicles that are unsafe for the purposes that they were allegedly designed.

Continue reading " VANS AND SUVs NEEDLESSLY CONTINUE TO KILL STUDENTS ON PENNSYLVANIA ROADS " »

On January 19, 2002, Benetta Buell-Wilson of San Diego, California was driving her 1997 Ford Explorer on an interstate highway when she swerved to avoid a metal object in the road and the SUV went out of control. The vehicle skidded across the highway and rolled more than 4 ½ times when the Explorer came to rest on its roof. The accident left the 49 year old woman crushed and paralyzed. A California jury awarded Buell-Wilson and her husband $369,000,000, including $246,000,000 in punitive damages. The state courts of California reduced the amount of the verdict. However, the California Court of Appeals approved an $82.6 million dollar settlement, including $55 million in punitive damages.

The experienced Philadelphia motor vehicle accident and personal injury lawyers at the law firm of Reiff & Bily have been handling SUV Explorer rollover and 15 passenger van rollover cases in Pennsylvania and other states in the nation with a successful track record. The Explorer and other SUV’s are flawed because they have a higher center of gravity and are prone to rollover. Also, research indicates that the Explorer roofs are inadequate to protect occupants in a rollover accident and Ford was aware of knowledge of these designs flaws but failed to fix them. Ford has consistently argued that the verdicts against them are unjust because the design of the vehicles meets minimal federal safety standards.

On February 8, 2008, the Ford Motor Company paid $6.5 million dollars to a 41 year old man left brain damaged in a 2004 rollover accident involving an Explorer sport utility vehicle that a Texas jury ordered them to pay. In that claim, Ruben Camora lost control of his 1993 Explorer when a tire lost its tread and he was ejected from the vehicle as it rolled over. His mother, who sued on his behalf, noted that the tread separation set off vibrations on the rear of the vehicle that caused it to skate sideways because of a defect in the SUV’s suspension.

Continue reading " PENNSYLVANIA SUV ROLLOVER LAWYER WEIGHS IN ON DESIGN DEFECTS INHERENT TO SUVs AND I5 PASSENGER VANS IN PENNSYLVANIA AND THROUGHOUT THE UNITED STATES " »

Premises liability assigns blame to the owner of the venue where a violation is committed. A building code is generally a set of rules that sets forth guidelines for acceptable safety levels for constructed objects such as buildings, apartments, hotels, houses and other structures. These codes were enacted to protect public health, safety and general welfare of individuals as they relate to the construction and occupancy of buildings and structures.

I recently concluded a case where a young mother and her two year old daughter stepped on her apartment balcony, which was three stories above the ground, after which the balcony became unsecured from the premises, tilted to the ground causing the plaintiff to be thrown three stories resulting in a substantial and life altering injury. Our experts and structural engineers investigated the matter and determined that the balcony was never secured properly, was improperly maintained, and was never inspected in a proper and due fashion. A method of affixation of the balcony to the building was in violation of the building codes. The landlord’s failure to maintain and inspect the balcony was completely irresponsible and negligent, subjecting a rent-paying tenant to undue risk, harm and, ultimately, life changing injuries.

Building codes were established to set forth minimal acceptable standards necessary for protecting people and property. Normally, we hear about violation of building codes when a natural disaster strikes. However, many times owners of homes, buildings, or apartments attempt to save money by taking shortcuts in violation of local laws and building codes. For example, commonly electrical work is performed by non-licensed electricians. The fire prevention code limits the number of wires under each screw in a receptacle or switch. It appears safe to use but fires can occur when the second wire pops out from underneath the screw so one is maximum. Code also requires that outlets be placed every six feet along walls in most rooms and every two feet along kitchen counters to accommodate short safety cords on kitchen appliances. Also, all light fixtures must be grounded. In kitchens, there must be a 15 amp lighting circuit, as well as a separate circuit for the dishwasher and refrigerator and two 20 amp circuits for receptacles. Local and federal codes change regularly so it is important that the necessary research be committed before starting a project.

For approximately 30 years, the Philadelphia personal injury lawyers of Pennsylvania personal injury attorneys have been successfully prosecuting premise liability claims. Property and land owners are required to maintain their properties in such a way that it protects those who are lawfully upon the premises.

Continue reading " VIOLATION OF BUILDING CODES AND PREMISES LIABILITY IS YOUR APARTMENT, HOTEL ROOM OR OFFICE SAFE? " »

Another young individual was killed while sending a text message moments before an auto crash.

On Sunday, August 17, 2008, Fox News reported that in Highland, California, a 16 year old girl died after losing control of her car while texting on her phone moments before the accident. The report not only indicated that Kayla Preuss of Highland, California, was driving on Interstate 10 when she lost control of her car, it also noted that she was drunk and had been speeding.

On April 7, 2008, I noted on my blog a case where the distracted driver of another vehicle in Pennsylvania was texting his girlfriend a message while his close friend and passenger innocently sat in the backseat of the vehicle. That vehicle driver lost control of the SUV he was in, causing it to rollover and causing the innocent passengers to be ejected out of the vehicle resulting in permanent and catastrophic injuries that could have easily been prevented. I am consistently amazed at how many people are driving while having a conversation on a cell phone or text messaging, even though it is against the law. Any “plain fool" can recognize that a person with a cell phone or PDA in one hand and driving with the other hand, will not have their complete attention paid to the road and hence, will not have their vehicle in complete control if an emergency situation arises. The distracted driver is a major cause of car accidents and rollovers.

The experienced Philadelphia personal injury lawyers at the Pennsylvania motor vehicle accident law firm of Reiff & Bily have over 30 years experience handling of motor vehicle rollover and catastrophic loss cases.

Continue reading " USAGE OF CELL PHONE WHILE DRIVING TAKES ANOTHER TEEN’S LIFE " »

On August 14, 2008, the National Highway and Transportation Safety Authority (www.NHTSA.gov) noted in their study that the overall number of traffic fatalities in 2007 reached its lowest level since 1994.

The 2007 annual assessment of motor vehicle crash fatalities of people injured revealed a 3.9% decline in people killed in the United States from 42,708 in 2006 to 41,059 in 2007. This reduction in fatalities is the largest in terms of number and percentage since 1992. Although passenger car occupant fatalities declined for the 5th consecutive year and light truck occupant fatalities dropped for the 2nd consecutive year, it is noteworthy that motorcycle fatalities continued their 10 year increase, reaching 5,154 in 2007, the highest level since NHTSA started collecting fatality crash data in 1975.

Motorcycle fatalities now account for 13% of all total fatalities. In Pennsylvania, the number of fatalities dropped to 1,491 in 2007 from 1,525 in 2006, a change of -2.2%. Internet users may access these crash statistics and other general information on traffic safety at www.nrd.nhtsa.dot.gov/CATS/index.aspx.

Continue reading " 2007 TRAFFIC ANNUAL ASSESSMENT HIGHLIGHTS " »

Many years ago, one of my law partners, John Morrissey, was catastrophically killed when his vehicle collided with the rear-end of a truck parked on the side of the road in the dark of evening. This is known as a truck rear underride accident. Unfortunately, underride accidents are a common cause of death and catastrophic injuries. An underride occurs when a passenger's vehicle collides with the rear-end or side end of a truck, trailer or other large commercial vehicle, does not equip with a defective underride guards or bumpers, without an underride rail, lower bumper or guard, the vehicle underrides the trucks rear or side frame by traveling beneath the chassis of the larger vehicle. The impact between the heavy frame of a truck, whether in the rear or on the side, is equally devastating to the occupants to the car or vehicle. The roof support or roof pillars of the vehicle are not engineered to withstand the tremendous forces of such a crash and can collapse as a result of the wedge effect of the deadly impact forces.

For almost 30 years, the Pennsylvania motor vehicle lawyers at Reiff & Bily have handled thousands of motor vehicle accident cases involving trucks, buses and automobiles.

In January 1996, NTHSA issued two new Federal Motor Vehicle Safety Standards (FMVSSs) that were designed to reduce the number of injuries and fatalities resulting from the collision of passenger vehicles with the rear-ends of heavy trailers and semi-trailers. The first standard, FMVSS number 223, "where impact guards" specifies the performance or requirements the rear impact guards must meet. The second standard, FMVSS number 224 "rear impact protection" requires that most new trailers and semi-trailers with a GVWR of 10,000 pounds or more be equipped with a rear impact guard that meets the requirements of FMVSS number 223. The requirement of these FMVSSs became effective in January 1998. NTHSA had been studying the issue of rear underride cases for many years and proposed solutions to the problems as early as 1981. The agency had taken two approaches to the problem. The first deals with increasing the conspicuity of large vehicles in an effort to prevent rear impact crashes. FMVSS number 108, "lamps, reflective devices and associated equipment" requires retro reflective materials on the sides and rear of all trailers of 80 or more inches width and with a gross vehicle GVWR of 10,000 pounds or more. That standard became effective in December 1993 and has been proven to be very effective in reducing incidents or rear and side impacts into trailers and semi-trailers. Even with the existing and new legislation, rear underrides are going to still occur due to the large number of older trailers, buses and other large scale commercial vehicles on the roads of the United States.

Continue reading " CATASTROPHIC UNDERRIDE TRUCK ACCIDENTS A LEADING AND PREVENTABLE CAUSE OF DEATH " »

ONE LAWYER’S OPINION ON CRASH-WORTHINESS

As the price of gas continues to rise, manufacturers make increasing promises stressing fuel efficiency. The Smart Car, which has been operating for an extensive period of time on the streets of European capitals, is now making a presence in Philadelphia, New York, Los Angeles and other major metropolitan areas. It is said that the Smart Car is supposed to get 40 miles per gallon and the manufacturer claims that the Smart Car is also smartly safe. Statistics are of it being 8.8 feet long and slightly wider and taller than 5 feet, the Smart Car is one of the smallest cars on any road in any country, weighing in at about 700 pounds versus the weight of a standard SUV of 4,000 pounds.

The United States “ForTwo" version has a three cylinder, 700 cc engine, which is smaller than the engine of a motorcycle that I used to operate before becoming involved in defective automotive product liability and safety. The previous model, the Smart for City coupe was tested in 2000 and it received a three star out of five star rating. Most cars received a four or five star safety rating, so three stars is low, stated Euro Ncap spokeswoman Cordelia Wilson. The Smart Car is approximately three feet shorter and 700 pounds lighter than the Mini Cooper. The President of The Insurance Institute of Highway Safety, Adrian Lund noted “all things being equal in safety, bigger and heavier is always better, but among the smallest cars, the engineers among the Smart Car did their homework and designed a high level of safety in a very small package". Many will argue that the Smart Car has a crash-worthy design for its size when equipped with the latest safety gear, which is important to such a small car. The standard equipment on this car includes seat mounted combination airbags designed to protect the heads and chests of both the driver and passenger and also electronic stability control or ESC. ESC is important not only in a Smart Car, but in all cars as it enables drivers to maintain control during accident avoidance or emergency maneuvers or on slippery roads.

Of significant concern to this writer is that the Smart Car lacks a sufficient front-end crush zone, which is a key component in reducing injury risks in serious frontal crashes. Research indicates that a stiff side structure and standard side airbags contribute to good smart ratings and a side test which replicates a crash with a pickup truck or SUV. However, it is important to note that the driver’s door unlatched during the crash. This confirmed a finding noted by The National Highway Traffic Safety Administration’s side test of a Smart Car released last month. The Institute downgraded the Smart Car’s structural rating from good to acceptable. It is important that doors not unlatch in crashes because it could allow a complete or partial occupant ejection which could lead to catastrophic injuries. Statistics indicate that the risk of death is much higher in crashes of much smaller and lighter vehicles.

Continue reading " WITH GAS PRICES RISING, IS BUYING THE NEW SMART CAR A SMART DECISION WHEN IT COMES TO SAFETY ? " »

Swimming pools, diving boards and hot tubs often pose a significant risk of serious injury and even death if proper safety measures are not followed. Each year in Pennsylvania, swimming pool accidents claim the lives of many innocent children as well as thousands of adults. Homeowners, hotel owners and apartment owners who have pools owe a small responsibility to provide a safe environment for both children and adults but too many times this does not happen.

Often times a swimming pool draws children like a magnet that swimming pool accidents are the second leading cause of death for children under the age of 14. Each year in the United States, 1,000 children die and 5,000 others are hospitalized with catastrophic injuries due to swimming-related accidents. Unbelievably, drowning is the leading cause of death among children from ages 2-4. When a child submerges for 2 minutes or more in the water, the child loses consciousness. Irreversible brain damage sets in after 4-6 minutes of water submersion.

Diving board accidents or dives into shallow pools are responsible for about 10% of all catastrophic spinal cord injuries. The lawyers at the Pennsylvania personal injury attorneys and swimming pool injury law firm of Reiff & Bily have represented numerous Pennsylvania families and individuals who have suffered injury or death as the result of swimming accidents. Most swimming pool injuries occur because of improper design or improper construction or failure to properly secure the pool from small children or failure to maintain the pool in good condition.

Continue reading " Pennsylvania Swimming Pool and Hot Tub Accidents: Is Your Swimming Pool Safe? " »

The high cost of litigation is ever increasing and these hired guns are out of control. Are they worth the money?

The costs associated with personal injury lawsuits are quite significant and rising every day. Many state that the overhead costs of malpractice and product liability lawyer litigation are exorbitant. Many Americans hear that lawsuits are rampant and frivolous, clogging the courts and depriving taxpayers of their funds. On the other hand, honest plaintiff attorneys maintain that they are the policemen of society and that frivolous lawsuits are an exception. Obviously, an experienced personal injury or product liability lawyer would have to be crazy to take a meritless claim which would result in a huge expenditure if the same attorney is working on a contingent fee basis.

The purpose of the tort system is to fairly compensate victims and make them whole by virtue of compensatory damages. Obviously, there are some lawyers who will take just about any case that walks into the door and hope that writing a few threatening letters or taking minimal action will scare their opponents into a quick and “easy A" settlement These are the types of lawyers the educated consumer should avoid. It is important, however, when seeking a lawyer to represent your interests, to remember that you get one bite at the apple and your lawyer should be qualified, insured, in good standing with the bar association, interested in your claim, screened for suitability and experience handling legal matters such as yours. The lawyers at the Pennsylvania personal injury firm of Reiff & Bily have 30 years experience handling thousands of carefully screened car accident, medical malpractice and defective products cases. They will carefully screen your case, investigate comprehensively and decide if it is worthwhile to pursue without wasting your time or their resources - as a result of such careful screening. They only accept approximately 30-40 percent of the clients that contact them. These distinguished Pennsylvania car accident attorneys have recovered in excess of 150 million dollars for their clients solely on a contingent basis.

Continue reading " Pennsylvania Personal Injury Attorney Weighs in on Expert Witnesses " »

Recently on August 7, 2008, The New York Times published an article with the caption “Note to Victims of Accidents, Medical Malpractice, Broken Contracts and the like; When You Sue Make a Deal". Author Jonathan Glater stated the clear lesson of a soon to be released study of civil lawsuits has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial, ended up getting less money than if they had taken that offer.

As a personal injury and product liability lawyer in Philadelphia with 30 years experience, it is my position that the vast majority of cases do settle for a proper and just amount if properly prepared from the outset. Randall Kiser, a co-author of a study and principal analyst at DecisionSet, a consulting firm that advises clients in litigation decision notes that 80 to 92% of all cases settle and that furthermore, there is no way to know whether either side in most cases could have done better in trial. In September, a study will be published in the September issue of Journal of Empirical Legal Studies noting that mistakes are more often made in cases where lawyers are paid a share of whatever is won at trial.

As I have personally been involved for close to 30 years with thousands of cases, solely on a contingent fee basis, I believe that it is necessary for the lawyer to explain all of the facts of a claim or the “good, bads and uglies" to their client and properly explain the odds for success and/or failure based in the jurisdiction where the case is to be litigated.

We inform each of our clients that they will have the ultimate decision whether to accept or deny a settlement figure. We find often that some lawyers, whether they are wrongful death or auto product liability attorneys, simply do not prepare their cases to the best of their abilities and in fact, some times other lawyers egos get in the way of a proper and full settlement. Mr. Glater, in The New York Times article, claims that law schools do not teach lawyers how to handicap trials nor do they help develop the important skill of telling the client that the case is not a winner. Obviously, clients do not like to hear such news.

Continue reading " IS SETTLING YOUR CASE BETTER THAN GOING TO TRIAL? " »

OF TEENAGE/YOUNG ADULT DEATHS WORLDWIDE

The World Health Organization released a report in April 2007 stating that a fatal automobile accident is the leading cause of death among teens and young adults between the ages of 10 and 24 worldwide. The organization promoted a long list of suggestions such as safer roads and vehicles, helmet laws, prosecution of speeders and drunk drivers and better education for drivers and pedestrians. Some of the more interesting but troubling findings from the WHO report and United States Center for Disease Control and Prevention note that fatal auto accidents are the leading cause of accidents between ages 10 and 24 worldwide.

Approximately 30% of all auto accident fatalities involve individuals under age 25.

Auto accidents result in annual costs of over $500 billion worldwide in medical care, disability and property damage.

In the United States, about 2 out of every 5 deaths for teens are caused by auto accidents.

Drivers between ages 16 and 19 in the United States are four times more likely than older drivers to be involved in an accident. In the United States and Pennsylvania, drunk driving is the leading criminal cause of death. There were approximately 17,000 victims of drunk driving accidents last year. Approximately 40% of all motor vehicle fatalities are alcohol related. Frequent drunk drivers are responsible for almost 60% of all alcohol related fatalities. In 2007, drivers between the ages of 16 and 20 were involved in 1,719 drunk driving accidents. In 2006 in Pennsylvania, there were 13,616 alcohol-related crashes, with 545 alcohol-related deaths. 78% of the drinking drivers involved in these accidents were male. On an average day in Pennsylvania, 37 alcohol-related crashes occur injuring 29 people and on an average day, 1.5 people were killed in an alcohol-related car crash in Pennsylvania. Interesting to note that on the holidays, 15% of all crashes involve alcohol usage. In the United States, alcohol-related motor crashes kill someone every 31 minutes and injure someone every 2 minutes.

Continue reading " FATAL AUTOMOBILE ACCIDENTS ARE THE LEADING CAUSE " »

WHY ARE THESE INCIDENTS WHICH ARE EASILY PREVENTABLE INCREASING IN FREQUENCY?

On Friday, August 8, 2008, 17 people were killed and many others catastrophically injured when an unlicenced chartered bus ran off a highway overpass in Sherman, Texas. The Federal Motor Carrier Safety Administration ordered Iguala Bus Mex and Angel Tours Inc. to cease all commercial operations. The agency issued a second order finding that the activities of Angel De La Torre, owner and President of the bus company in connection with motor carrier operations pose an imminent hazard to the public. Authorities also announced that the bus was pulled out of service because it was unauthorized to be operated. The driver’s traffic record included multiple citations for driving while intoxicated in 2001, for speeding in May 2004 and March 2007 and his license was suspended for two months in 2001 because of a DWI conviction noted a spokesperson from the National Transportation Safety Board. The driver failed roadside inspections twice last year and his bus was pulled out of service both times but inspectors. The bus accident in Sherman, Texas is among the nation’s deadliest and calls to question why so many of these accidents that don’t have to happen are occurring with greater frequency.

Recently in July 2008, another serious accident occurred when a bus ran through a stop sign on an elevated exit ramp and off an overpass. Repeatedly, there have been demands made upon the National Transportation and Safety Bureau to mandate stronger bus safety regulations, including stronger roofs, window glazing and mandatory seat belts. History will reveal that such recommendations have been made to NTSB since 1968 but have never been made into law. In July 2008, the National Transportation Safety Board released its findings regarding March 2007 bus crash where 5 students from Ohio’s Bluffton University were killed and dozens more injured. Mark Rosenker, Chairman of The National Transportation Safety Board believes that the right safety equipment, including seat belts, could have minimized the losses. But Rosenker wanted more than just seat belts. “It is making the vehicle crash-worthy." That includes better glazing of the windows, stronger roof lines, creating stronger seats, creating a compartment where, in fact, “if people were pushed around, they wouldn’t also necessarily be ejected". Rosenker also contributed the accident to poorly placed road signs causing a confusing atmosphere for the driver. He noted “the road signs should have been next to each other. One that showed with an arrow that if you go to the left, you will be in the exit lane, and, another which showed that if you remain in the lane, you will be in the through lane. The problem was they had such a description, about a quarter of a mile before getting there. In response to Georgia Department of Transportation officials have changed the placement of its highway signs where the accident occurred.

The Pennsylvania vehicle accident lawyers of Reiff & Bily is one of Pennsylvania’s most successful personal injury law firms with extensive experience and understanding of common carrier litigation, as well as defectively designed automotive vehicles.

Continue reading " BUS CRASH IN TEXAS KILLS 17 AND INJURIES MANY OTHERS " »

There could be danger lurking in your own home or backyard. Injuries to children can occur anywhere. They can happen in your house, backyard, school, day care facility, or even in a public park. While it is seemingly impossible to keep a child protected all times, it is important for parents and children to become aware of the dangers that lurk in play grounds and toys. The Pennsylvania personal injury and play-ground accident lawyers at the Philadelphia products liability law firm of Reiff & Bily have been researching and handling thousands of personal injury cases since 1979. Our Pennsylvania defective product attorneys have had extensive experience in the area of defective toys (products liability claims) and play-ground or amusement injuries.

The Centers for Disease Control and Prevention (CDC) reports that in 2001 approximately 45% of playground-related injuries are severe (fractures, internal injuries, concussions, dislocations, and amputations) and about 75% of nonfatal injuries were related to playground equipment failure, misoperation or malfunction.

Between 1990 and 2000, 147 children ages 14 and younger died from playground-related injuries. 82 of these injuries (56%) died from strangulation and 31 of these injuries (20%) died from falls to the playground surface. Most of these fatalities (70%) occurred on home playgrounds. Public playground climbers resulted in the most common cause of an injury as compared to any other equipment. At home playgrounds, swings were responsible for most injuries.

Continue reading " Toys And Playgrounds Might Not Be As Safe As One Would Presume " »

The Golden years Are Not Always So Golden

Our elders are responsible for the way the world is today. They have unlimited knowledge of the world and should be treated with respect. It is a sad fact to recognize that this is not always the reality. Elder care abuse is a very serious issue and every year thousands of elderly Americans are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. The Pennsylvania elder care lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling elder care abuse cases since 1979.

As elders become more physically frail, they are less able to stand up to “bullying" and or fight back if they are physically attacked. Seniors may not be able to see or hear as well as they could in their earlier years. Senior citizens might not also think as clearly as in the past, making it easy for unscrupulous people to take advantage. Mental or physical ailments may make it more difficult to take care of a loved one, in a care facility, or nursing home.

Elder care abuse can take many forms: physical, emotional, or sexual abuse, neglect, financial exploitation, or healthcare fraud. Physical abuse may consist of hitting, shoving, or inappropriate use of medication, restraints, or confinement. Emotional abuse such as intimidation, humiliation, or blaming is common. Emotional abuse is not limited to verbal actions, but can include nonverbal psychological abuse such as ignoring them, isolation, or terrorizing them. Sexual abuse is forceful sexual contact or other improper sexual acts. Neglect or abandonment is failure to fulfill a care-taking obligation, which are the most common reported cases of elder abuse. Neglect can be active (intentional) or passive (unintentional). Financial exploitation involves unauthorized use of an elderly person’s funds or property either by a caregiver or an outside scam artist. Financial exploitation includes: misusing personal checks, credit cards, or bank accounts; stealing cash, income checks, or household goods; forging signatures; or engaging in identity theft. Healthcare fraud and abuse can be carried out by doctors, nurses, hospital personnel, or other professional caregivers. Examples of healthcare fraud include: not providing healthcare, but charging for it; overcharging or double-billing; not following medical equipment laws; getting “kickbacks" for referrals to other medical providers or for prescribing certain drugs; over-medicating or under-medicating; recommending fraudulent remedies for illnesses or other medical conditions; or medicaid/medicare fraud.

Continue reading " Elder Care Abuse " »

The Ground You Walk On May Not Be As Safe As You Thought

Slip and fall accidents are the most common type of premises liability cases and occur on a daily basis in the United States and in Pennsylvania. The very ground you walk on can be unsafe if it is not maintained properly. Tile Safe reports that slip and fall accidents account for over 20,000 deaths per year in North America and over 540,000 accidents require hospital care. The Pennsylvania slip and fall lawyers at the Philadelphia law firm of Reiff & Bily have been researching and successfully handling slip and fall cases since 1979.

Even the best maintained property can have problems, which can lead to serious injury. Over time, smooth surfaces can become uneven and useful items such as a drainage system can become a hazard. The three main types of accidents are: (1) trip and fall, where a foreign object or defect (like a cracked sidewalk) is the primary cause of the fall; (2) slip and fall, where there is an inconsistent grip on the floor or bottom of a shoe; and (3) step and fall, where an injury is caused by a hole or dip in the walking surface.

Slip and falls can occur anywhere and are most common at casinos, restaurants, movie theaters, public buildings, hotels, school, or houses of worship. If unsafe property caused injury the property owner could be liable for monetary damages to the injured party. To prove liability, one of the three situations must apply: (1) the property owner or employee caused the unsafe condition and the subsequent slip and fall accident (like spilling something and not cleaning it up); (2) the property owner or employee knew about the condition but did not try to correct it or warn about the unsafe condition; or (3) the property owner or employee should have known about the danger because a "reasonable person" would have found the problem and taken steps to prevent possible injuries. A "reasonable person" is someone who makes regular and thorough efforts to keep the property safe and clean under the current circumstances.

Continue reading " Slip And Fall Injuries In Pennsylvania " »

Driving is a privilege, not a right. Too many drivers do not take the proper responsibility to handle their motor vehicle in a safe manner. It is a sad fact that far too often a driver is intoxicated and causes an accident that results in serious injury or death to the other party. The Philadelphia auto accident attorneys at the law firm of Reiff & Bily have been researching and successfully handling drunk driver cases since 1979.

The Pennsylvania Department of Transportation (PennDot) reports that in 2005, drunk driving was responsible for 12,590 crashes, 313 of them being fatal. One alarming concern was that 22% of driver deaths between the ages of 16 to 20 (under the legal age of 21) were drunk drivers. Of the age group 21-35, 50% of driver deaths were drunk drivers. In total, 580 people died in alcohol-related crashes. On average, each day there was 36 alcohol-related traffic crashes with 1.6 people killed and 29 injured. Most alcohol-related crashes occurred between midnight and 4 AM on the weekends.

A Pennsylvania uninsured motorist accident is common, in general, but especially so for drunk drivers. Often, drunk drivers do not have insurance or not enough insurance coverage for damages. Often drunk driving could be avoided with help from others. It is always a good idea to have a designated driver and never drive after drinking. Some bars and restaurants have a breath alcohol content (BAC) machine, which will tell you if you are over the legal limit. The key to stop drunk driving is prevention; prevent someone who has had too much to drink from getting behind that wheel.

Continue reading " Dram Shops and Drunk Drivers – Death From A Bottle " »

With An Uninsured or Underinsured Defendant?

Every state has a law that requires motorists to have some type of automobile insurance. This is known as the state minimum automobile insurance requirement. Even with strict minimum insurance laws, many drivers still do not have any insurance coverage or are underinsured. When an uninsured or underinsured motorist is involved in an accident, the lack of coverage can cause hardship for any person who suffers an injury as a result of the accident. It is up to you to have proper insurance coverage in the event that the motorist who caused your injuries is uninsured or insufficiently insured with enough coverage to properly compensate you for injuries sustained. The Pennsylvania auto accident lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling uninsured and underinsured motorist cases since 1979.

The Insurance Research Council (IRC) reports that 14% of all drivers were uninsured . Pennsylvania had a reported 9% of uninsured motorists, which is much higher now especially in the city of Philadelphia. The reason why so many drivers do not have proper insurance is economical. As economic conditions continue to deteriorate, it is likely that there will be a growing epidemic of uninsured and underinsured motorists on the roadways. Many drivers cannot afford even the minimum amount of coverage required by state law. It also costs money for the state to enforce the state minimum coverage law. Some states are starting to take action to prevent uninsured drivers on the road. In California, a new bill enacts a provision that would require drivers to register their insurance coverage or else have their license plates removed. Removing the plates will still allow a limit of how many days one could drive without a plate, but after that the vehicle will be impounded if driven without a plate. While this system may have some loopholes, it’s a step in the right direction for drivers to maintain minimum insurance coverage.

Continue reading " What If I Get Involved In An Auto Accident " »

THE RISE IN PENNSYLVANIA AND THE UNITED STATES

There are approximately 180,000 lawnmower accidents per year. Recently, featured on the CBS early morning news, was the case of Betty Forsythe, whose grandson suffered catastrophic injuries in Pennsylvania in a lawnmower accident. In the interview, Ms. Forsythe, of Duncannon, PA, noted that her grandson, Dylan, lost three fingers and one of his feet and stated “Children are fast, children are quick. If you are the parents or grandparents, if you are watching children, just don’t allow them to be in the same area where mowing is done". In the same story, Dr. Scott Cozen of Shriner’s Hospital for Children, a specialist in pediatric and hand and foot surgery, indicated that he has treated dozens of children injured by lawnmowers and stated that lawnmower accidents are the number one cause of foot amputations in children nationwide. He noted that “either the child is riding on the mower with Grandpop or Dad and subsequently falls off and has a devastating injury while playing in the yard and the child is inadvertently run over. He further noted that the majority of the kids injured by lawnmowers are teenagers. Many teenagers are cutting the lawn for allowance, at which point the lawnmower gets stuck and they do something stupid such as putting their foot in, reaching their hand in and resulting in an amputation.

A lawnmower can be a dangerous machine causing catastrophic injuries and death if not used properly. Most lawnmower accidents are catastrophic with over half requiring amputations of toes, feet, legs or fingers. It is noted that the summertime is the most dangerous time for kids and lawnmowers. Apparently, children do not have an appropriate fear of power lawnmowers and with a parent mowing, they cannot hear the child running up so that even with backing up or going forward, the child can often end up under the mower.

Recently on the ABC “Good Morning America" show, the case of Henry Burmester, a 4 year old, was noted. Unfortunately, Henry Burmester‘s father accidently ran over Henry’s foot with the lawnmower. His Dad, Donald, was backing up the mower and never saw his son coming as the spinning blade hit the boy’s leg and foot. According to the report, the Burmesters began a campaign and non-profit organization called “Know Before You Mow" to alert parents and kids to the dangers of lawnmowers. It includes chilling public service announcements that demonstrate how quickly a child can run into trouble with a lawnmower.

The Pennsylvania personal injury attorneys of Reiff & Bily, we have been researching and handling product liability matters for approximately 30 years. Product liability law mandates that manufacturers have a responsibility and a legal obligation to produce safe products. Nowhere is this more important than in the manufacturing of both regular and riding lawnmowers.

Continue reading " PREVENTABLE LAWNMOWER ACCIDENTS ARE ON " »

THE INCREASING NUMBER OF DEATHS AND CATASTROPHIC INJURY

It’s summertime and more and more, emergency officials are responding to jet ski accidents throughout the United States. On July 13, 2008, emergency officials from Louisville and Howard’s Creek, Ohio responded to an accident involving at least one jet ski on the Ohio river.

On June 15, 2008, another teenager was killed on the Colorado River in Colorado when her jet ski collided with another personal water craft on the river. Over the last ten years, usage of jet skis have enjoyed a surge of popularity, adding to a growing danger on our nation's waterways. Today there are over 1 million personal water craft vessels in use in America and on average approximately 5,000 jet ski accidents occur each year resulting in 2,600 injuries in over 72 deaths. The laws relating to the operation of jet skis and the manufacture of jet skis are exceedingly complex and require an intensive knowledge of products liability, state and federal laws governing boating accidents, as well as maritime and international waterway laws.

The personal injury attorneys in Pennsylvania at the law firm of Reiff & Bily help victims recover compensation for injuries suffered in boating and jet ski accidents. At the Reiff & Bily law firm, our experience with the investigation and litigation of recreational boating and jet ski claims can give you an advantage in establishing liability against the responsible party. Common injuries associated with jet ski accidents include but are not limited to head and brain injuries, spinal cord injuries, burn injuries, hyperthermia and of course, drowning. Unfortunately, it is a fact that many inexperienced boaters are allowed to operate jet skis and personal water craft in U.S. waterways. Just think how easy it is for you to go and rent a jet ski by just presenting your credit card. The usage of the jet ski by inexperienced boaters places the lives of themselves as well as countless other people in jeopardy by reckless conduct. Along with this risk comes a host of problems related to intoxicated boaters and drunk driving accidents, collisions with other boats, water intrusion injuries, collisions with docks, piers, shorelines and swimmers and other serious injuries.

Continue reading " JET SKI ACCIDENTS ON THE RISE - WHO IS RESPONSIBLE? " »