Philadelphia Injury Attorney Blog

According the Wall Street Journal, Federal Regulators have turned to retailers to conduct two huge recalls of potentially dangerous cribs and bassinets. This is an unusual request highlighting gaps in a recall system based on voluntary action by manufacturers and has lead all marked stores and other retailers to get tough with a Reading, Pennsylvania company. According the Wall Street Journal, recalls of the Simplicity brand of children products from last month of 900,000 convertible bassinets and another on Wednesday of 600,000 cribs have saddled retailers with headaches and expenses and halting product sales and issuing customer refunds. Many retailers are seeking compensation from the new owner of the Simplicity brand, SFCA, Inc. of Reading, PA, which bought the assets and brand of Simplicity Inc. at a public auction in April, after the company went out of business the month before. SFCA says it is not liable for products made before the acquisition and has refused to conduct a recall of the defective goods which have been linked to several infant deaths. SFCA still argues that although it is not liable for the recalled products, it says “it values its good relationship with its retail customers” and is “working in close cooperation with retailers to help facilitate all aspects of the recall”. Initially after removing all Simplicity bassinets from its 3,500 stores and its website, WalMart said it has returned to its store shelves the models deemed safe and still carries Simplicity products that are made by the defunct manufacturer. For more information on this story, please link to the Wall Street Journal article. (Wall Street Journal article)

Continue reading " FEDERAL REGULATORS HAVE TURNED TO RETAILERS TO CONDUCT TWO HUGE RECALLS OF POTENTIALLY DANGEROUS CRIBS AND BASSINETS - RETAILERS ARE SEEKING COMPENSATION FROM A READING, PA COMPANY - PHILADELPHIA PRODUCTS LIABILITY LAWYER, JEFFREY REIFF, EXPLORES LOOPHOLE " »

PA PERSONAL INJURY ATTORNEY, JEFFREY REIFF, SPEAKS OUT ABOUT THIS BELIEVE IT OR NOT STORY

According to a report issued by the Associated Press on September 24, 2008, two pilots for Hawaii’s Go! Airlines, who slept through their flight’s landing procedure, were suspended for careless and reckless operation of an aircraft according to the Federal Aviation Administration on Tuesday, September 23rd. Captain Scott Oltman, 54, was cited for failing to maintain radio communications and had his license suspended for 60 days and First Officer Dillon Shepley, 24, was suspended for 45 days. No action was taken against Go! Airlines because accordingly, “they did nothing wrong and provided the pilots with a 15 hour break before their shift, nearly double what the FAA requires”. The National Transportation Safety Board had determined that the two pilots fell asleep on a February 13th flight from Honolulu to Hilo. Captain Scott Oltman was later diagnosed with severe obstructive sleep apnea which causes people to stop breathing repeatedly, preventing a restful night of sleep. It is still unclear how both pilots fell asleep on a brief morning flight which was carrying 40 passengers. No problems were found after examining the aircraft’s pressurization and carbon monoxide level. The pilots failed to respond to nearly a dozen calls from air traffic controllers over a span of 17 minutes. In recordings obtained by the Associated Press, the controller was heard repeatedly trying to contact the pilots and talks to the pilot on another Go! flight in hopes of reaching Flight 1002. According to the AP report, finally after 44 minutes into what is normally a 45 minute flight, the controller was able to establish radio contact with the pilots. By that time, the plane had passed the airport at Hilo by 15 miles. The controller ordered the flight crew to return. (news article)

As I review this article, I am astounded, however not really so, as I think about the many cases we have handled involving commercial vehicles, including bus drivers and truck drivers and railroad workers where sleep apnea of “falling asleep at the wheel” was diagnosed as a major cause of fatal accidents. As noted in my September 5, 2008 blog, Federal regulations in the near future will mandate truck and bus drivers in safety sensitive positions to be tested for sleep disorders to decrease crash rates and fatalities. It was determined that many truck drivers, bus drivers and railroad workers suffered from a disorder known as obstructive sleep apnea, which was diagnosed as a major cause of excessive daytime sleepiness, leading people to fall asleep while sitting, reading and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries were directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel, and another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.

Continue reading " FALLING ASLEEP AT THE WHEEL NOT JUST LIMITED TO TRUCK DRIVERS, BUS DRIVERS OR OTHER COMMON CARRIERS - SURPRISINGLY AND SHOCKINGLY - 2 AIRLINE PILOTS WERE SUSPENDED FROM SERVICE DUE TO RECKLESS AND CARELESS OPERATION OF A COMMERCIAL PASSENGER AIRCRAFT " »

PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY ADVISES PARENTS ON OTHER POTENTIAL SEAT DEFECTS AND HOW TO FURTHER PROTECT YOUR CHILD.

Over an 8 year period from 1999 to 2007 researchers noted that overall child restraint use increased from 51% to 81% in children younger than 9. During the same period, age appropriate restraint use, including booster seats among children 4 to 8 years old quadrupled from 15% in 1999 to 63% in 2007. Research indicates that for 4 to 8 year-olds booster seat and proper child seat usage reduces the risk of injury in a crash by 59%. Booster seats elevate a child’s small body to insure proper seat belt fit, better protecting them in the case of a crash. Kristy Arbogast, Ph.D., the Director of Engineering at The CHOP Center for Injury Research and Prevention where a long-term study was conducted stated “Along with the increase we see in the number of kids riding in child restraints, we can also see changes in the types of restraints they are using now versus 10 years ago. More 4 and 5-year olds are riding in booster seats now, rather than car seats with built in harnesses, with slightly more of them in high back booster seats than backless. But among the 6 through 8 year olds, backless booster seats are far more prevalent than high back booster seats”.

When you place your child or infant in a safety seat, you expect and trust the manufacturer has designed a safe seat that will protect your child in the case of an accident. Unfortunately, this is not always the case. Once again, often we find that many manufacturers place profits over safety and design child safety seats according to Federal standards, which are really minimum standards. Often there are design defects that are not revealed during testing and many times, testing is not done or when it is done is done under real world conditions testing of the seats. Effectively designed child seats have lead to many injuries and deaths which were easily preventable. When the child’s seat does not operate properly, its ineffectiveness can be more dangerous than failing to use the seat itself in that it can cause additional injuries for the child or fail to protect the child from serious harm or death.

Continue reading " CHILD BOOSTER SEAT AND RESTRAINT USE IN THE UNITED STATES IS HIGHER THAN EVER ACCORDING TO A REPORT RELEASED ON SEPTEMBER 22, 2008 BY CHILDREN’S HOSPITAL OF PHILADELPHIA (CHOP) AND THE ASSOCIATION FOR AUTOMOBILE MANUFACTURERS (AIAM) " »

PENNSYLVANIA INSURANCE CLAIMS AND PERSONAL INJURY LAWYER, JEFFREY REIFF, REITERATES HIS ADVICE TO CLIENTS - REMAIN CALM - DO NOT PANIC - THE STATE INSURANCE COMMISSION HAS THE SITUATION UNDER CONTROL WITH AIG

Pennsylvania Insurance Commissioner, Joel Ario, informed AIG Policyholders in Pennsylvania that the Insurance Commission’s most recent examination of AIG Companies indicate that they are financially sound and their insurance policies are safe. “Making sure that insurance companies are financially stable is a top priority with the Rendell administration”, stated Commissioner Ario. Ario further stated “I want to insure Pennsylvania policyholders that AIG Insurance Companies doing business in our Commonwealth are solid and have the assets needed to pay present and projected claims”.

As my previous blogs have noted, we have received calls of concern from AIG insureds or from plaintiffs who have claims against AIG insureds and we have told them not to panic, that all will be fine.

While it is understandable that many consumers are concerned and have questions concerning their claims or their policies, the state has financial safeguards in place as outlined in my blog of September 22, 2008. On a national level, the National Association of Insurance Commissioners (NAIC) has established a working group to oversee AIG’s insurance interests and coordinate with federal regulators as needed. Pennsylvania Insurance Commissioner, Ario, serves as a Vice Chairman of this Committee.

Continue reading " AIG UPDATE - UPDATE FOR CONCERNED PENNSYLVANIA INSUREDS AND CLAIMANTS " »

Kamar Jackson, age 29, was killed in a hit and run accident last Saturday. The suspect, Carlos Rodriguez, turned himself in a day after the accident after the Jackson family pleaded for the driver to so. According to news sources, Rodriguez eventually admitted to being in a strip club and getting behind the wheel of his SUV while drunk. (news article)

On September 16th, I noted in my blog that Pennsylvania legislature Rep. David Reed was looking to change provisions in Pennsylvania law to close a loophole that some say actually encourages people who are under the influence to leave the scene of an accident, as was the case with Carlos Rodriguez.

The Philadelphia hit and run lawyers at the Philadelphia personal injury and hit and run accident law firm of Reiff & Bily salute Representative David Reed and all like-minded legislators who sponsor legislation that was heard in the State House Judiciary Committee earlier in September.

Continue reading " YET ANOTHER HIT AND RUN ACCIDENT BY A DRUNK DRIVER CLAIMS THE LIFE OF EAGLES’ STAR JAMAAL JACKSON’S BROTHER " »

Although many states define a motorcycle as a motor vehicle, motorcycles by their design offer many safety issues with the driver. Motorcycles offer very little protection to riders in the event of a crash or collision, often leading to severe injuries and fatalities. Many safety devices are available for purchase from motorcycle manufacturers or after market. It is important to consider such safety devices that (1) increase the visibility of motorcycles to other traffic such as activation of headlights; (2) installation of crash bars to help reduce lower leg injuries; and (3) the installation of ABS braking systems to enhance the motorcycle’s breaking performance in stopping situations. Most importantly is the knowledge that operating a motorcycle safely in traffic requires special skills and knowledge.

The Commonwealth of Pennsylvania maintains a motorcycle safety program which teaches the operator the basic skills necessary to operate a motorcycle. All Pennsylvania drivers should take advantage of the opportunity to read the motorcycle operator’s manual published by the Commonwealth of Pennsylvania, as well as take the Pennsylvania motorcycle safety program. Additionally, while riding the motorcycle, one should wear proper protective clothing and head gear, ride within your limits, obey the law and “share the road” with other highway users. You should always wear a helmet designed to meet DOT and State standards. Helmets with a label from Snell Memorial Foundation gives you an added assurance of quality. Make sure that the helmet fits snugly all the way around and has no obvious defects such as cracks, loose padding or frayed straps. Whatever helmet you choose to wear, make sure it is securely fastened on your head when you ride.

Since 1979 the Pennsylvania motorcycle accident lawyers and the Philadelphia personal injury lawyers at Reiff & Bily have represented many motorcyclists who have been seriously injured or killed in motorcycle accidents in Pennsylvania and throughout the country.

Continue reading " PHILADELPHIA MOTORCYCLE ACCIDENT LAWYER, JEFFREY REIFF, OFFERS TIPS ON HOW TO REDUCE YOUR CHANCE OF INJURY OR DEATH WHILE OPERATING A MOTORCYCLE " »

A press release issued by Mercury Insurance Group on September 16, 2008 presents five excellent safety tips for parents faced with the challenge of choosing the first car for their teens. The suggestion from the Mercury Insurance Group focus on safety, which also helps to lower the cost of auto insurance. The personal injury and automotive safety and vehicle defect lawyers at the Pennsylvania personal injury law firm of Reiff & Bily salute Mercury Insurance Company for their suggestions and promulgation of automobile safety.

According to the Mercury Insurance Group press release, new teens spend countless hours dreaming of owning their first car. A fast sports car conjures exciting images, while an SUV has ample room for all of their friends and both vehicles have one thing in common, neither is a good choice for teens.

Mercury suggests setting ground rules that may ease the polarized view points shared by parents and their teens.

Tip 1: Watch the speed. Driving fast cars with turbo chargers and high horse power continue significant risk. Since car accidents are the leading cause of death among 15 to 20 year olds, 1/3 of those accidents are attributable to speeding. Any fast car is an unwise choice. A good choice is a vehicle with a 4 cylinder engine and an average horsepower which costs less to insure and may save lives.

Continue reading " THE MERCURY INSURANCE GROUP PROMULGATES FIVE TIPS DESIGNED TO PROTECT YOUNG DRIVERS TO FOCUS ON SAFETY ALSO HELPS TO LOWER THE COST OF AUTO INSURANCE " »

On September 15, 2008, the beleaguered insurance company, American International Insurance Group, one of the nation’s and world’s largest insurers is struggling for survival. I received an email and call from an agent at one of the nation’s largest insurance brokers telling me that many clients are “in a panic” and asking me for my “take” on this situation. According to sources, AIG is getting help from the Insurance Commissioners of New Jersey, New York and Pennsylvania, as well as the Federal Government, in raising cash while swapping its subsidiaries liquid assets for those that are difficult to convert into cash by the parent company. As an experienced insurance claims attorney for almost 30 years, let me share my thoughts and attempt to calm your fears. (www.reiffandbily.com).

If you have a policy with AIG Insurance Company, “they are solvent and have the ability to pay claims”, said Sandy Praeger, President of the National Association of Insurance Commissioners in a press release on September 16, 2008. “Our job is to ensure they continue to have the ability to pay”. The New York State and Pennsylvania Insurance Departments are working with AIG to review transactions involving turning illiquid assets into liquid ones. Praeger stated “State insurance regulators will only approve this type of action if there are assured that it is part of a total resolution of liquidity at the parent company and fairly compensates its insurance company subsidies”. AIG’s New York and Pennsylvania companies have approximately $120 billion dollars in total assets, about half of which is Class 1 bonds. The regulators must issue that any assets being exchanged or at least of equal quality or the financial strength of the insurers will be negatively affected. The Pennsylvania Insurance Commission is closely moderating the fate of AIG and its impact on the citizens in the Commonwealth of Pennsylvania. According to an Associated Press story on September 17, 2008, the United States Government will infuse taxpayer funds into the company, granting the U.S. Government an 80% stake in the giant insurer and the right to remove senior management. According to sources, the AIG affiliated automobile insurance companies remain on solid footing. The auto insurance unit is well capitalized. Roger Schmelzer, President of the National Conference of Insurance Guarantee Funds in Indianapolis states “that the holding company is at issue right now”. The holding company could go bankrupt and for policyholders it would just be business as usual. We emphasize that AIG insured’s should not panic. The Commonwealth of Pennsylvania has a Guarantee Association in place to protect policyholders in the event of an insurance company failure. Insurance industry analysts and government officials advise that there is little for policyholders to worry about. There are safeguards in place, similar to FDIC insurance that backs up bank deposits. AIG has 11 insurance units in Pennsylvania regulated carefully by the state.

Continue reading " FINANCIAL CRISIS AT AIG HAS LARGE AND CONFUSING IMPACT ON PENNSYLVANIA AND NEW JERSEY AUTOMOBILE OWNERS INSURED WITH AIG - PHILADELPHIA PERSONAL INJURY AND INSURANCE CLAIMS LAWYER JEFFREY REIFF ADVISES HIS CLIENTS NOT TO PANIC - SAFEGUARDS IN PLACE. " »

Seniors For Safe Driving hold safety education programs for seniors aged 55 or older. The programs being presented are certified by the Pennsylvania Department of Transportation and upon completion makes seniors eligible for a 5% discount on automobile insurance premiums across the board for a period of three years. This discount is mandated by Pennsylvania state law. Anyone who has participated in a mature operator program only has to attend a refresher program that is 3 ½ hours that will be completed in one day.

For anyone who has never participated in a mature operator program in the past, it will be necessary to attend a 7 hour program that will be completed in 2 days. The course is presented in a non-threatening environment. The course is informative, entertaining and there is no testing. There is no on the road driving. The course is strictly classroom theory. A nominal tuition fee is charged.

For information to register call 1-800-559-4880 or 724-283-0245. Register online at www.seniorsforsafedriving.com or www.sfsd-pa.com or mail to Seniors for Driving, P.O. Box 2132, Butler, PA 16003.

The Pennsylvania personal injury law firm of Reiff & Bily is committed to safe driving and the safe operation of motor vehicles in the Commonwealth of Pennsylvania and nationally. We are

Continue reading " PENNSYLVANIA DEPARTMENT OF TRANSPORTATION CERTIFIES “SENIORS FOR SAFE DRIVING PROGRAM” FOR SENIORS 55 YEARS OF AGE OR OLDER " »

Imagine this scenario, you go to a restaurant or franchise later in the evening to enjoy a meal and you are assaulted, stabbed or shot by one of the restaurant’s employees. Imagine another scenario, you are at your home, order takeout, and the delivery man comes and assaults or kills you or a loved one.

In the last few months, Philadelphia personal injury attorney, Jeffrey Reiff, was contacted by individuals who had each suffered a separate and catastrophic incident as mentioned above.

Many restauranteurs employ security systems, attend conferences, hire the best security consultants and set forth rules to insure a safe, crime free workplace and the safety of their customers and employees. But despite the focus on security, horrible crimes are defeating the best systems in place. According to an article published in Nations Restaurant News (www.nrn.com) since 2003, 341 restaurant employees and an unknown number of guests have been murdered on restaurant properties according to the U.S. Bureau of Labor Statistics. Although the number of deaths fell more than 25% between 2003 and 2004, the number is headed north again, jumping nearly 21% from 73 deaths in 2005 to 88 deaths in 2006.

The NRN article quotes Chris McGoey, head of Crime Doctors, a security consulting firm with offices in San Francisco and Los Angeles, “All the studies I’ve seen say that late night retail and your businesses (restaurants) are the leading sites of employee homicides in the United States and the number one place for male fatalities in the workplace”. Mr. McGoey goes on to state “As more chains open 24 hours, we will experience more workplace violence, serious injuries and death in the restaurant business because I don’t think your industry gets it”.

Continue reading " AS THE ECONOMY CONTINUES TO WORSEN, RESTAURANTS EXPOSE THEMSELVES TO LIABILITY AND OTHERS TO HARM WITH INCREASED LATE NIGHT HOURS, INADEQUATE SECURITY AND IMPROPER BACKGROUND CHECKS ON EMPLOYEES - A PHILADELPHIA INADEQUATE SECURITY LAWYER WEIGHS IN. " »

On September 15, 2008, many insurance companies had their assets battered on Wall Street. AIG, one the nation’s and world’s largest insurance companies, closed at $4.76, reaching a low of $3.50 from its yearly high at $70.13. Many of the Wall Street pundits were calling for the failure of AIG and other insurance companies who sought a lifeline for their survival. I myself was an AIG policyholder and switched to another insurance company earlier this summer as my gut recognized a financial crisis on the horizon. Today, we carefully analyzed all of our files where AIG was our opponent and fielded calls from several clients concerned about their insurance policies or their case’s financial fate where AIG was on the other side. At the time of this writing, I am not quite sure how AIG will ultimately fare in the financial markets. However, consumers should note that each state has a guarantee association in place to protect policyholders in the event of an insurance company failure.

Typically, if you have a claim filed with an insurance company that fails, the State Guarantee Association takes over the claim. If they have a claim and the insurance company is insolvent, the Guarantee Fund accepts the claim the way an insurance company would and they would do everything an insurance company would do said Roger Schmelzer, Chief Executive of the National Conference of Insurance Guarantee Funds, Inc. in Indianapolis. The Guarantee Fund steps into the shoes of the insurance company for claims paying perspective. The Pennsylvania Insurance Guarantee Association only protects Pennsylvania residents and property owners. Residents of other states or Pennsylvania residents owning property out of state are protected by other states Guarantee Associations. While the Guarantee Association payments are limited by statutes, which vary by state, most claims for policy benefits will be paid in full. Claims or policy benefits not paid by the Guarantee Association become claims against the liquidation estate. Most licensed insurance companies are required to belong to their state guarantee association that cover the lines of business that the companies write.

Continue reading " PHILADELPHIA PERSONAL INJURY ATTORNEY’S THOUGHTS ON WHAT DO I DO IF MY INSURANCE COMPANY OR THE INSURANCE COMPANY OF THE DEFENDANT FAILS " »

Some Pennsylvania legislators are looking to close a loophole in state law that some believe actually encourages people who may be under the influence to leave the scene of an accident. Under the current Pennsylvania law, the penalty for leaving the scene of a fatal accident is a year in jail. But, if the same driver stays at the scene to render assistance and is found to be under the influence, the penalty can be much stiffer, as much as five years. Rep. David Reed, R-Indiana, is looking to change that provision.

Representative David Reed, an Indiana county Republican, is the sponsor of legislation that got a hearing before the State House Judiciary Committee this past week. Basically, the loophole that exists in Commonwealth law states that if you are involved in a hit and run accident involving a fatality, this would actually encourage someone to leave the scene of an accident as opposed to stopping and rendering aid. Representative Reed correctly noted that currently under Pennsylvania law, the penalty for a fatal hit and run is a year in prison. So for a driver under the influence that flees the scene of a mandatory fatal accident and is apprehended later after sobering up, it is a mandatory one year sentence but if that same driver stops to offer assistance and is found to be legally intoxicated, it is a mandatory three years in jail. Reed’s bill would raise the minimum sentence for fleeing the scene of a fatal accident from one year to five years. For more information on Pennsylvania laws concerning leaving the scene of an accident link to the Pennsylvania Vehicle Code CH. 37; scroll to Subchapter C. www.dmv.state.pa.us

Continue reading " PENNSYLVANIA HIT AND RUN LAWYER SALUTES PENNSYLVANIA LEGISLATOR LOOKING TO CLOSE LOOPHOLE IN STATE LAW THAT SOME BELIEVE ACTUALLY ENCOURAGES PEOPLE WHO MAY BE UNDER THE INFLUENCE TO LEAVE THE SCENE OF THE ACCIDENT - A STEP IN THE RIGHT DIRECTION " »

The National Auto Safety Group is calling on the States to raise the minimum driving age to 17 or 18 years old. According to the Insurance Institute for Highway Safety, raising the driving age will save lives. Vehicle accidents are the largest cause of death among teenagers.

In 2006, 3,490 drivers age 15 to 20 died in automobile crashes. High school teens, ages 15 to 17, were involved in 974,000 crashes nationwide and 406,427 of those teenager accidents involved injuries and the resulting economic impact of those accidents was over $40 billion dollars. According to a study performed by the Children’s Hospital of Philadelphia and the State Farm Insurance Company, one teenage passenger with a teen driver doubles the risk of a fatal crash. The risk is 5 times higher with two or more teen passengers. Many states in the nation that have raised the legal driving age limits or commenced a graduated licensing program have seen a noticeable drop in teen crash death rates over the past few years.

When this writer was 16 years of age, I narrowly escaped a catastrophic death or injury by being in the wrong place at the right time. On a warm August evening, I was asked to go on a ride with four other friends and due to other plans made by my parents, was unable to meet my friends at the scheduled time for pickup. The next morning, I received a call that three of my dear friends were killed when their speeding car went out of control on Roosevelt Boulevard in Philadelphia, PA and struck a tree. Nothing has impacted my life more than this thought which creeps into my mind with all too frequent occasion as I litigate catastrophic teenage driving accident cases. (www.reiffandbily.com)

Graduated licensing, which has become the standard across the United States in the past 15 years, requires teenagers to spend more time driving with a parent or other responsible adult before they go solo.

Continue reading " INSURANCE COMPANIES STEP UP THEIR EFFORTS TO INCREASE THE MINIMUM DRIVING AGE ACROSS THE UNITED STATES; PHILADELPHIA PERSONAL INJURY LAWYER APPLAUDS THEIR EFFORTS " »

On Monday, September 8, 2008, a 74 year old grandmother of six was on her way to buy lotto tickets and chat with friends over coffee when she was struck by a SEPTA bus at Broad Street and Oregon Avenue and rushed to Thomas Jefferson Hospital in Philadelphia, PA with severe trauma. Unfortunately, the grandmother died at 4:00 p.m. on September 10, 2008, just three hours after Philadelphia police indicated that a SEPTA bus struck and injured another man in a wheelchair at 8th Street and Girard Avenue in Philadelphia, PA. According to the Philadelphia Daily News, SEPTA officials noted one similarity with both incidents; both victims had the right-of-way when they were hit. According to the Philadelphia Daily News, SEPTA spokesman, William Maloney, stated that the grandmother, who was struck by SEPTA bus, was “well within the crosswalk, we just don’t know what occurred”.

In the other separate incident, Philadelphia police stated that the Route 47 bus turned onto 8th Street from Girard Avenue about 1:00 p.m. on September 10, 2008, just as a man in his 40's rolled his wheelchair into the crosswalk, where he had the right-of-way. According to the Philadelphia Daily News article, the footrest of the chair caught under the bus’s left front tire and dragged him 5 to 10 feet. Police said he was treated for a fractured foot at Hahnemann University Hospital. SEPTA officials stated that neither the driver or the victim saw each other because of trucks parked near the corner. (Philadelphia Daily News Article)

I have written much on my blog about bus accidents and the increase of fatalities and deaths as a result of careless driving and other faults. To this writer, it is unacceptable and causes extraordinary concern that two innocent pedestrians, who clearly had the right-of-way, were hit in one day by SEPTA drivers in two separate accidents. (www.reiffandbily.com)

Continue reading " IN TWO SEPARATE ACCIDENTS ON THE SAME DAY, SEPTA BUSES STRIKE AND KILL ONE PHILADELPHIA GRANDMOTHER WHO HAD THE RIGHT-OF-WAY AND SEVERELY INJURED ANOTHER HANDICAPPED VICTIM IN A WHEELCHAIR. " »

BMW A.G. has recalled 200,000 vehicles due to the fact that they are concerned that the front passenger airbags may not deploy in a crash. The German automaker noted that the recall involves a 2006 3-Series, the 2004-2006 5-Series and 2004-2006 X3 sport utility vehicle in the U.S. The National Highway and Traffic Safety Administration stated in a posting on its website that small cracks could develop in the seat detection mat and deactivate the front passenger airbags. It is further advised that the airbag warning lamp and the passenger airbag “on-off lamp” would remain on. BMW advised that there were no accidents or injuries reported due to this alleged recall defect.

NHTSA opened an investigation into the issue in September 2007 and upgraded its probe in January. In addition to the vehicle under the above recall, the ongoing investigation also includes the 2004-2006 Z4, 2006 X5, 2006-6 Series and some 2004-2006 7-Series vehicles. NHTSA has stated that BMW received 23,739 RT claims over the airbag system by early January. To respond to this problem, BMW said it will extend its warranty to 10 years without any mileage limit for the following vehicles: 2006 6-Series, 2006 3-Series with standard seats, 2004-2005 Z4, 2004-2006 7-Series, 2006 X5, and 2004-2006 5-Series with comfort seats. BMW stated that under the extended warranty program, the detection mat in the vehicle with the airbag system problems would be replaced at no charge to the customer. For more information, owners are asked to contact the manufacturer at 1-800-525-7417 or NHTSA at 1-888-327-4236.

The Pennsylvania airbag defect and SUV rollover law firm of Reiff & Bily has been representing victims (in Pennsylvania and throughout the United States) who have been injured as a result of a defective airbag deployment or non-deployment. Airbags when properly designed prevent death and catastrophic injury. Unfortunately, many airbag systems were designed poorly, resulting in thousands of injuries and fatalities. An individual should assume that an airbag will provide an extra level of protection for drivers and passengers of motor vehicles. Many times defective airbags fail to deploy all together or deploy with too much force, causing injuries such as paralysis, severed brain stems, broken necks, blinding, brain hemorrhages, temporomandibular joint syndrome, facial bone fractures, disfigurement, burst hearts, and other serious injuries or fatalities. Surprisingly, even a low impact or low speed collision can cause an overly aggressive airbags to deploy with too much force, causing an injury that would not have occurred had this defectively designed airbag not been involved.

Continue reading " PHILADELPHIA AIRBAG DEFECT AND SUV ROLLOVER ATTORNEY SALUTES BMW USA IN THEIR RECALL OF 200,000 CARS AND SMALL SUVs FOR AIRBAG DEFECT - A STEP IN THE RIGHT DIRECTION FOR CONSUMER SAFETY. " »

The safety and privacy of hotel guests should be the top priority for hotel owners and operators. Many times, this simply is not the case. Many hotels, cruise ships and apartment homes are actually full of poorly lit corridors, tunnels, nooks and crannies, and other places were crimes can be and are easily committed. Lack of security in hotels, motels, apartment houses and on cruise ships is a big issue for the tourism and rental housing industry and also an issue that we do not often hear too much about. Usually when we do hear about it, an easily avoidable tragedy has occurred.

Recently, a hotel security guard, with an unrevealed lengthy arrest record, sexually assaulted a teenage occupant of a hotel in Panama City Beach, Florida and then threw his victim from a sixth floor balcony, according to Panama City Florida police. The girl hit two lower roofs, landing in a second floor stairwell, suffering serious injuries. The security guard was questioned by police and released without realizing that he was wanted on an outstanding warrant from the State of Indiana. This attack happened at 1:00 a.m. at a Panama City Beach resort where the security guard was on duty and supposed to be protecting guests from such an event. Research after the violent crime indicated that the security guard had an extensive criminal history, including convictions for burglary, escape, auto theft and receiving stolen property, as well as shoplifting and marijuana possession charges. (article)

Hotel owners, apartment owners and cruise ship operators must be oriented towards security of their guests in today’s world and they must insure that the proper security equipment is installed, maintained and regularly used, and that security guards have their employment and criminal backgrounds properly checked. Technology is an important part in meeting today’s security requirements. Surprisingly, a survey conducted of hotel managers by The Cornell School of Hotel Administration revealed that most hotels made no changes to safety and security staffing or procedures in the year following the September 11, 2001 terrorist attacks. Many times horrific injuries and incidences occur at hotels and motels due to poor lighting, inadequate security, locks that do not function, and the lack of easily affordable and available technological security devices such as closed circuit cameras. Because of such inadequate security, many unsuspecting guests are robbed, shot, killed, rape, stabbed or assaulted in hotels, motels, shopping malls, apartment parking lots, office buildings, condos and/or cruise ships.

Continue reading " SAFETY AND PRIVACY OF HOTEL GUESTS IS A TOP PRIORITY; ARE YOU REALLY SAFE WHEN YOU CHECK INTO YOUR HOME AWAY FROM HOME - A PENNSYLVANIA PERSONAL INJURY LAWYER SHARES HIS THOUGHTS " »

For many years, 15-passenger vans have been the travel vehicle of choice for large groups of people and their cargo. These large motor vehicles are often used for transporting church groups, school groups, business groups, the elderly, and as a shuttle service between hotels and airports. Unfortunately, 15-passenger vans also boast an unsafe track record for accidents caused by serious design flaws. The Pennsylvania 15 passenger van rollover lawyers at the Philadelphia law firm of Reiff & Bily have been researching and handling numerous automobile and 15-passenger van accident cases since 1979.

Fifteen passenger vans can be very dangerous to ride in when they are fully loaded. Body design flaws with unreasonable and unrealistic capacity limitations are just some of the major problems associated with these kinds of vans. Design defects, such as cargo vans that are top heavy while the back of the van goes as far back as four feet beyond the back wheels, can increase the possibility of rollovers and/or fishtailing. When the vans are fully loaded with passengers, the center of gravity shifts. A van containing more than 9 passengers has a rollover ratio of 35.4%. (http://www.safetyforum.com/passengervans/).

Continue reading " Is your child safe – the 15-passenger van used to transport school children groups and churches may be an instrument of death and severe bodily harm " »

In the past, I have written much on my blog about the duties owed by common carriers, including but not limited to commercial bus companies and their drivers and trucking companies and their drivers, to the public to make sure that such safety sensitive positions require testing for drugs, alcohol and common sleep disorders.

It has been determined that many truck drivers, bus drivers and railroad workers suffer from a disorder known as obstructive sleep apnea that is a major cause of excessive daytime sleepiness that leads people to fall asleep while sitting, reading, and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries are directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel. Another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.

The Federal Motor Carrier Safety Administration (FMCSA) has taken positive action. This government organization has established a medical expert panel on sleep apnea to determine the prevalence and effect of sleep apnea on commercial truck drivers. A nationally known sleep expert, Dr. Mark Mahowald, Director of The Minnesota Regional Sleep Disorders Center and past President of The American Academy of Sleep Medicine, states that it is absolutely indefensible that Federal Highway Safety officials do not have commercial truck and bus drivers screened for sleep disorders. “This is a major safety issue. There is no reason not to enact guidelines to check drivers.”

The Philadelphia truck accident law firm of Reiff & Bily has been representing clients injured by semi-trucks, tractor trailers, 18 wheeler trucks, delivery trucks and common carriers in Pennsylvania since 1979.

Continue reading " FEDERAL REGULATIONS IN THE NEAR FUTURE WILL MANDATE TRUCK AND BUS DRIVERS IN SAFETY SENSITIVE POSITIONS TO BE TESTED FOR SLEEP DISORDERS TO DECREASE CRASH RATES AND FATALITIES " »

According to the Bucks County Courier Times, an Upper Makefield woman and her daughter were injured on Monday, August 26, 2008 after their SUV flipped over on Route 1 Superhighway in Middletown, PA. The cause of the accident initially was indicated to be a wicker chair flying off the back of a pickup truck, landing on the highway, causing the Upper Makefield woman to make an emergency accident avoidance maneuver, swerving around the chair, causing her black Suburban to overturn. The driver of the SUV was listed in critical condition at St. Marys Hospital in Middletown, PA and her daughter was flown to Children’s Hospital in Philadelphia. The mother was ejected from the vehicle.

At the Pennsylvania SUV rollover firm of Reiff & Bily, we have been investigating, researching and litigating SUV rollover and 15 passenger van rollover cases for many years. These vehicles all have a high center of gravity and are noted to be the most unstable vehicles on the roadways. Almost always, the press and the automotive manufacturers are quick to blame the driver who was simply taking an evasive action to avoid an emergency situation, such as the one mentioned in the Bucks County case. A chief hazard in operating SUVs occurs when the driver takes an emergency action, steering in one direction and then rapidly correcting in the opposite direction, resulting in the rollover of the unstable vehicle. If you watch the television advertisements or read the newspaper advertisements, one would think that sport utility vehicles are built for strength and safety and designed to be driven off the road. Yet very few of them have roll bars and, worse yet, very few meet the National Highway Safety Administration roof safety standards for automobiles. Even though those standards are minimal.

In the last 10 years, sport utility vehicles have taken over America’s roads. One of every six new vehicles sold in the United States is an SUV and now there are over 20 million of them in the nation’s garages. Auto makers defend SUV rollover cases vigorously and do not want consumers to know about their abysmal safety record. When people spend upwards of $35,000 for upscale SUVs, they assume that they are purchasing the safety and stability of vehicles used in off road experiences and in the case with the Hummer, the stability of a vehicle used in combat.

SUV rollovers are the most common cause of spinal cord injury and paralysis due to roof collapse. Most of the SUVs lack an adequate roof strength to withstand a rollover accident. When the car rolls over, the roof generally collapses on the head of the occupant causing crushed necks and spines leading to paralysis. As the roof collapses, the windows are caused to break, setting the stage for an ejection from the vehicle. Most of the American made SUVs do not have roll bars and the older models lack electronic stability control, which was placed in newer models, and has been fairly effective in preventing more serious injuries. Not only does the SUV have a higher center of gravity, making them top heavy and prone to rollover, the distance between left and right tires and the middle of the vehicle reveals a very narrow wheel base, causing the vehicle to easily tip over in an accident avoidance maneuver. Since SUVs and 15 passenger vans are top heavy, any quick turning of the steering wheel in an accident avoidance maneuver can cause the SUV to flip over.

Continue reading " ANOTHER PENNSYLVANIA SUV DRIVER ACCIDENT AVOIDANCE MANEUVER CAUSES YET ANOTHER SUV TO FLIP OVER SERIOUSLY INJURING A MOTHER AND DAUGHTER IN BUCKS COUNTY, PENNSYLVANIA " »

This writer has been an active bicyclist for the last 40 years. In the last two weeks, I have been the victim of two separate serious bike accidents causing significant injuries.

As the price of fuel continues to rise, more and more Philadelphians are turning towards bicycles as a viable mode of transportation. The City of Philadelphia recently announced a city-wide network of “bike friendly” streets to serve bicyclists as part of a comprehensive program fully recognizing the bicycle as a means of transportation. Philadelphia has committed itself to the promotion of bicycle use in the City with the establishment of the Mayor’s task force on bicycle safety in 1993 through to the annual City Employees Bike to Work Day. The City of Philadelphia has made improvements to the Schuylkill River bike paths and links to the Valley Forge Bikeway and established the bicycle network plan, adding a new dimension to Philadelphia’s transportation system. Unfortunately, as more Philadelphians use their cycles for pleasure or a viable means of transportation, more injuries or fatalities will occur.

As recently as August 3, 2008, a bicyclist was struck and killed along Roosevelt Boulevard in Philadelphia, near 6th Street, in Feltonville. According to a press release issued by the Bicycle Coalition of Greater Philadelphia, a bicyclist crossing Roosevelt Boulevard at 7th Street in Hunting Park was killed by a driver who was operating a motor vehicle under the influence of alcohol. The driver was charged with homicide by vehicle.

The Philadelphia bicycle accident and personal injury law firm of Reiff & Bily has successfully been representing injured bikers since 1979.

Continue reading " BICYCLE RIDERSHIP ON THE UPSWING IN PHILADELPHIA AND SO ARE INJURIES AND FATALITIES - A PHILADELPHIA PERSONAL INJURY ATTORNEY SHARES HIS THOUGHTS " »

As gas prices continue to rise in Pennsylvania and the rest of the nation, bus and school bus transportation is at an all time high. As a direct consequence of this rise in bus passenger usage is the increase in the number of bus accidents that cause personal injuries and death.

Several million individuals will board public transportation and school buses this year. As public transportation by bus becomes a more popular mode of travel, more individuals will be at risk of being involved in a bus accident and accident induced injuries. Studies indicate that ridership has increased significantly in the past five years with fatalities and injuries from accidents also on the rise. There are over 500,000,000 bus drivers registered in the United States, with this number continuously on the rise. As more accidents occur, it is important that bus companies, their drivers, and other employees be held accountable for the negligence that contributes to such bus accidents. It is equally as important for the state and federal government agencies to implement tighter safety standards and regulations for common carriers and the manufacturers of buses that transport precious cargo.

In the last two weeks of August 2008 alone, an accident occurred involving two tour buses in Northwest New Jersey, sending dozens of Pennsylvania and New Jersey citizens to hospitals. According to the State Police, one of the buses was braking for traffic and changed lanes, hitting the rear of a second bus. The second bus was caused to move into the median, quickly dipping down about 50 feet, causing the bus to turn over on its side according to Sgt. Robert Billings of the New Jersey State Police. There were nearly 100 people on board both buses. On August 26, 2008, another bus accident occurred where a pedestrian was struck by a New Jersey Transit bus in Camden County. Earlier this summer, 50 teens, including 7 New Jerseyites were on a tour bus when it crashed and burned during a cross-country summer trip. That crash occurred when a tour bus driver missed a curve, causing the vehicle to go off a state highway while the youths were on a tour to Bryce Canyon National Park in southern Utah. The tour bus landed upside down in a creek bed and caught fire and burst into flames. 47 teenagers and a half dozen chaperones were onboard according to the Highway Patrol.

At the Philadelphia personal injury law firm of Reiff & Bily, we have been researching, investigating and litigating bus accident cases for almost 30 years.

Continue reading " PENNSYLVANIA AND NEW JERSEY BUS ACCIDENTS SPOTLIGHTS THE LACK OF PROPER SAFETY REGULATIONS AND CONCERN FOR PASSENGERS " »

Pennsylvania Product Liability Lawyer Filing Lawsuits Against Foreign Manufacturers Whose Products Injure Local People
by Raymond M. Bily, Esquire

Foreign manufacturers of defective products can be sued in state or federal courts but doing so sometimes presents special challenges. Foreign auto makers, industrial product manufacturers, and consumer product makers and their intermediaries are not beyond the reach of U.S. courts if they put defective products into the stream of commerce. A manufacturer who has offices or advertises in a state generally has sufficient contact to be sued in state courts. Less clear is when a product is manufactured overseas and comes into a state indirectly. Courts generally inquire whether the manufacturer had some knowledge or expectation that the product would be purchased by consumers in the particular state.

Assuming jurisdiction is proper, a more difficult problem can involve service of process. Foreign corporations are savvy litigants. They understand that mere distance alone can be used to create the perception that injured consumers will have a very difficult time pursuing them in U.S. courts.

Continue reading " Filing Lawsuits Against Foreign Manufacturers " »