According to the newspaper article, Jose Cruz, 34, of Clarksburg, West Virginia, was pulled over Tuesday night for driving without headlights, police said according to the complaint. Police stated that Mr. Cruz smelled of alcohol and had slurred speech and failed three field sobriety tests before he was handcuffed and taken to the police station for a breathalyser test. As Patrolman T. E. Parsons prepared the breathalyser machine, Cruz scooted his chair towards Parsons, lifted his leg and “passed gas loudly”, according to the criminal complaint. Cruz, according to the complaint, then fanned his odorous gas towards the officer. Patrolman Parsons alleged in his complaint that the gas was very odorous and created contact in an insulting and provoking nature. The defendant Cruz acknowledged passing the gas but claimed in his defense that he did not move the chair towards the police officer nor aimed his gas towards the patrolman. He stated he had an upset stomach at the time but the police denied his request to go to the bathroom when he first arrived at the station. “I couldn’t hold it anymore”, he said. Cruz commented, this is ridiculous. I could be facing time. I guess the moral of the story in our continuing efforts to inform and advise our clients is to hold it in if you are near a police officer or you too could be potentially arrested for a criminal offense. (news article)
This informational bit of legal knowledge is “passed” on to you by the Philadelphia personal injury law firm of Reiff and Bily. We have been zealously representing injured clients for almost 30 years. If you or a loved one has suffered an injury, please contact us at 1-800-421-9595 or visit our website at www.reiffandbily.com.
]]>Just over a week following the catastrophic commuter rail collision in Los Angeles that killed 25 people involving the operator/engineer text messaging another preventable accident occurred in Ocala, Florida when a truck driver rear-ended a school bus on Tuesday, September 23rd, killing a 13 year old and injuring other students while he was on his cell phone just before impact. Pennsylvania personal injury lawyer, Jeffrey Reiff, has been an advocate of limiting cell phone usage by vehicle operators for many years.
A Florida highway patrol report indicates that Reinaldo A. Gonzales, age 30, of Orlando, Florida told investigators that he had been on the phone just before the 1991 Freight Liner he was operating slammed into the stopped school bus. The police report indicated driver distraction, careless driving, and possible faulty brakes as contributing factors of the crash on U.S. 301 south of Citra, Florida. Surprisingly, Gonzales, the operator, was not charged and not in police custody. Investigators were also investigating other factors that may have contributed to the crash, including Gonzales’ driving log to learn how long he had been behind the wheel and the Department of Transportation records indicating that his rig had been sidelined for 12 ½ hours before the crash for faulty brakes. An early report of the crash also revealed that Gonzales’ truck was inspected at a weigh station on Interstate 95 and was taken out of service for brake problems. The Florida Department of Transportation rules require that when a truck is taken out of service, the problem must be fixed before the vehicle is allowed to continue. Also, it is noteworthy that on April 12, 2007 transportation officials sidelined the Gonzales truck for having a broken headlight and having three tires with minimal tread, according to DOT records. Failing to fix a safety problem after a truck is taken out of service can relate to a $2,500 fine and loss of the driver’s commercial driver’s license. Witnesses at the scene of this accident said there was no indication that Gonzales tried to stop before crashing into the bus. Gonzales, who was the owner/operator of the rig, told another truck driver that he did not see the school bus. Gonzales had a history of additional DOT safety infractions since getting his license to drive commercial tractor/trailers in 2005 but none were serious enough to sideline him. (video)
]]> Turning your attention to the accident in Los Angeles involving the Chatsworth commuter train carrying 220 people, the investigation has revealed that the engineer was text messaging while barreling head on into a Union Pacific train, causing the nation’s deadliest rail disaster in 15 years, leaving the cars so mangled that some bodies had to be removed in pieces. The crash injured 138 people. In that case, NTSB investigators stated that the train failed to stop at a red traffic signal, which forced the train onto the track at 42 mph with a Union Pacific freight train traveling the opposite direction.On April 7, 2008, and again on August 21, 2008, I wrote articles (blogs) expressing the view of an experienced Philadelphia personal injury attorney on the usage of cell phones while operating motor vehicles. We are currently involved in a case where the distracted driver of a vehicle in Pennsylvania was texting his girlfriend a message while his close friend and passenger sat innocently 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 in many jurisdictions. Any “plain fool” can recognize that a person with a cell phone/PDA in one hand and driving with the other hand will not have the complete attention paid to the road and hence, will not have their vehicle in complete control in when an emergency situation arises. The distracted driver is the major cause of accidents and rollovers resulting in fatalities and deaths. In the case at hand, the most innocent victims were on a school bus or innocent commuters commuting home after a hard day at work in California.
The experienced Philadelphia personal injury lawyers and SUV rollover lawyers at the Pennsylvania motor vehicle accident law firm of Reiff and Bily recognize the difficulty in a proper investigation in detecting the role of electronic devices in rollover and motor vehicle accidents. Our experienced investigators and attorneys look for and photograph telltale clues of possible distractions, including but not limited to, the presence of charger cards, empty MP3 headphones, mounting brackets for MP3 players, cell phone or GPS devices and built-in devices such as Sat Nav and radio. We photograph the dashboards of the vehicles and interview many witnesses who have seen the driver use a cell phone or other device which could easily cause distraction. Many jurisdictions now intelligently recognize that cell phone usage is illegal while operating a motor vehicle. Police investigations typically look for cell phone usage. They do not look at the usage of blackberries or other electronic transmission devices. It is important to exam cell phone bills which would disclose whether or not the driver was making a call at the time of the accident.
At the Philadelphia motor vehicle law firm of Reiff and Bily, we obtain billing records in our discovery process and often times send out preservation letters to potential defendants and other passengers in cars to make sure the information is being retained. We will ask for employment records which may reveal which device was being used. The experienced trial lawyers at Reiff and Bily use smart discovery tactics to obtain much of this evidence. We have determined that many state and municipal laws regarding the use of high tech devices including but not limited to cell phones while driving have lagged behind the advancing array of potential driving distractions and catastrophic injuries regarding the usage. Many people are just not that good at multi-tasking. This is why many of the wireless carriers have campaigns regarding the sensibility of talking on the phone while driving.
If you or a loved one has been involved or injured as a result of someone not paying attention to the rules of the road or is a victim of a car accident, truck accident, bus accident or other vehicle accident, you may want to schedule a free consultation with the Pennsylvania motor vehicle lawyers at the Philadelphia law firm of Reiff and Bily. The Pennsylvania personal injury lawyers at Reiff and Bily work on a contingent fee basis, charging a small percentage of the recovery. We will not get paid one cent unless there is a recovery. We have handled thousands of cases for almost 30 years with a very successful track record. Please feel free to contact us at 1-800-421-9595 or online at www.reiffandbily.com.
]]>A majority in Schmidt v. Boardman, led by Judge Cheryl Allan, called those arguments meritless. “We conclude that in Pennsylvania, a bystander-plaintiff who witnesses injury to a close relative can recover emotional distress damages when the injured person’s underlying cause of action is based on strict product liability rather than negligence” wrote Judge Cheryl Allan. Judge Allan was joined by John T. Bender. Attorney Arnd N. von Waldow of Reed, Smith in Pittsburgh, who was handling the appeal for defendant-manufacturer, said that he and his clients were planning to appeal the ruling and that this decision will not be the last word. For information on this case and the ruling, please see Schmidt v. Boardman Company, 2008 PA Super 203 (Pa.Super.CT. 9/2/2008). (opinion)
]]> This information is being presented as part of the Pennsylvania product liability law firm of Reiff and Bily’s commitment to represent the rights of seriously and catastrophically injured plaintiffs in the Commonwealth of Pennsylvania. Since 1979, the attorneys at Pennsylvania product liability law firm of Reiff and Bily have been advocates of consumer safety representing Pennsylvania victims and consumers who have been severely and catastrophically injured by defective products. According to the Consumers Product Safety Commission almost 22,000 people die each year and 29,000,000 suffer injuries from unsafe products each year. We believe that one of the greatest incentives to motivate manufacturers to create and design safer products has been product liability lawsuits. We believe that product liability attorneys are the unsung heroes of society.The Pennsylvania product liability lawyers at Reiff and Bily have been representing individuals for many years who may not be in a financial position to afford a lawyer against manufacturers that have created unreasonably dangerous products. Consumers have a right to expect that the products they purchase and use are safe for consumption. Faulty or dangerous products can seriously injury or kill victims of all ages. If a dangerous or defective product has harmed you, the experienced Pennsylvania product liability lawyers at Reiff and Bily can and will investigate the cause of your injuries and which party is responsible for your monetary damages under Pennsylvania law. Our Pennsylvania product liability attorneys may be able to recover compensation for your injuries, pain and suffering, medical expenses and other related costs.
If you or a loved one had been harmed by a dangerous and defective product, please contact us at 1-800-421-9595 or contact us online at If you or a loved one had been harmed by a dangerous and defective product, please contact us at 1-800-421-9595 or contact us online at www.reiffandbily.com to discuss how our experience and resources can help you.
]]>Products can be purchased at many retail stores, wholesalers, supermarkets or even speciality outlets and are all manufactured with an implicit guarantee that the purchased product is not defective. Products that are either defective or dangerous can cause injury or even death to thousands of people in Pennsylvania every year. Under the protection of product liability law in Pennsylvania, consumers are often able to recover monetary damages stemming from or relating to their injuries. Under Pennsylvania law, products must meet certain consumer safety requirements when being used in a lawful and normal manner.
Reiff and Bily is a products liability law firm specializing in severe and catastrophic personal injuries. We have almost 30 years of experience handling product liability cases throughout the Commonwealth of Pennsylvania. We are available to answer any of your questions regarding product liability. We offer no obligation free and confidential evaluations by phone or through our website. Please contact us today at 1-800-421-9595 or online at www.reiffandbily.com if you have any questions or concerns.
]]>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.
]]> It is our expectation that pilots of an aircraft should be held to a higher standard than truck drivers, bus drivers and railroad workers as their task involves more intricate skills and responsibility, as well as charges them with the safety of hundreds of passengers on the plane as well as victims on the ground. While the Federal Motor Carrier Safety Administration (FMCSA) has taken positive action with regard to commercial drivers and has established a panel on sleep apnea to determine the prevalence of sleep apnea on commercial truck drivers, we highly recommend and suggest that airlines follow their footsteps.More frightening as I started to research this issue, as it raised personal concerns for myself (nervous flyer that I am), I became aware of many situations where pilots had sleep apnea but still were flying. Surprisingly, diagnoses of sleep apnea will not disqualify you from a pilot’s license. However, you have to prove to the FAA that you have a waiver in the form of a special issuance medical. No, it is not a disqualification, you just need to show that you are under treatment and a letter from your doctor saying the treatment works. Verbatim from the AOPA website - Sleep Apnea.
At the time of your next examination, you will need to provide your aviation medical examiner with a current status report from your treating physician. If the information is acceptable to the AME and you are found to be otherwise qualified, your AME may issue your medical certificate at that time. The report should include a current status report that mentions the present treatment and whether it has eliminated the symptoms. The report should also include specific comments about daytime sleepiness. If there is any question about treatment compliance, a maintenance wakefulness test will be required. The AME should defer the application to the regional flight surgeon or aerospace medical certification division if:
1. There is any question concerning adequacy of treatment;
2. There is evidence of non-compliance with therapy;
3. The maintenance of wakefulness test is positive (abnormal); and
4. The development of any associated illness such as heart failure is noted.
Traditionally, air travel has represented one of the safest modes of transportation. However, when an aviation accident occurs the resulting injuries can be catastrophic. In particular, accounts involving commercial airplanes offer the potential of leaving hundreds of families devastated by their losses.
Investigating an aviation accident is a complex process. Pilot error and mechanical difficulties are often common causes. Other factors include manufacture or design defects improper inspections, poor maintenance, air traffic controller errors and inadequate security. Proving the cause of an aviation accident can be difficult. At the Pennsylvania personal injury law firm of Reiff and Bily, we are skilled in handling complex personal injury cases and have established relationships with experts and attorneys nationwide and we know how to properly investigate and prove your claim.
For a free consultation, call 1-800-421-9595 or contact us online at www.reiffandbily.com.
]]>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.
]]> Following are possible defects that may occur:a. Child seat clip defects;
b. Child seat buckle defects;
c. Child seat detachment defects;
d. Improper padding on child seats;
e. Weak outer-protective and inner-protective shell;
f. Flammable material;
g. Defective handles;
h. Base/self separation and deficient construction;
i. Sudden release due to defective harnessing system; and
j. Unanticipated rotation.
If your child or a child that you know was injured as a result of a defective child car seat, please feel free to contact the Pennsylvania product liability lawyers at the law firm of Reiff and Bily. If your child has been injured in a car accident and you believe that their child safety seat played a role in that injury, then you may very well have a legal case to make. Pennsylvania child safety seat lawsuits can often provide financial and legal assistance to parents who have suffered through the injury or death of their child. These lawsuits can insure that the seat makers do not repeat their hazardous behavior. Settlements from these lawsuits can insure that all medical bills, property damage, pain and suffering, expenses and other costs are taken care of for the family involved.
Contact our office for a free no obligation consultation and learn about your rights when it comes to product liability and child safety seats at 1-800-421-9595 or online at www.reiffandbily.com. Reiff and Bily is a personal injury firm located in Philadelphia, PA and is also listed in the Bar of Registered Preeminent Lawyers International Edition. Our Pennsylvania defective products lawyers have had years of experience dealing with product liability cases throughout the state and are especially interested in cases involving child safety seats and the promotion of auto and passenger safety.
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.
]]> The 24 month $85 billion federal loan to AIG relates to the current needs of the parent company and NOT its insurance company subsidiaries. The non-insurance parent company is not regulated by the states and is not subject to the same rigorous investment, accounting and capital adequacy standards as the state regulated insurance subsidiaries.AIG is an international insurance company of 11 Pennsylvania-based insurance subsidiaries which the Pennsylvania Insurance Department is the primary regulator. They provide property and casualty coverage, accident and health coverage, financial products and risk management services, corporate and consumer clients across the United States. Collectively, the Pennsylvania subsidiaries of AIG wrote more than $12.5 billion dollars in direct written premium in 2007. For more information on this topic, please see my September 22, 2008 blog entitled “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. There are safeguards in place.
If you have any questions regarding the AIG crisis and how it effects you, please contact the Pennsylvania Insurance Department, Bureau of Consumer Services at 1-717-787-2317 or visit their website at www.insurance.state.pa.us.
The law firm of Reiff and Bily has been representing catastrophically injured individuals since 1979 and has had a multitude of experience dealing with insurance company liquidation, insolvencies, defaults and bankruptcies on behalf of their injured clients. If you have any concerns regarding this issue or have an accident or are involved in a claim, or you are concerned about your insurance company’s stability, please feel free to contact us for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.
]]>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 and 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.
]]> Basically the loophole that exists in the Commonwealth of Pennsylvania law states that if you are in a hit and run accident involving a fatality, you would be encouraged to leave the scene as opposed to stopping and rendering aid. Currently under Pennsylvania law, the penalty for a hit and run is a year in prison. So, for a driver under the influence that leaves a fatal accident and is apprehended later after sobering up, has a mandatory one year sentence. But, if that same driver stopped and was found to be legally intoxicated, there would be a mandatory three years in jail. The bill sponsored by Representative David Reed 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, Chapter 37; scroll to Subchapter C. (www.dmv.state.pa.us)
We have found that over the past 30 years of investigating hit and run accidents that many people leave the scene of hit and run accidents for many reasons, most likely being that they have outstanding warrants, no car insurance or are drunk and/or operating the vehicle under the influence of intoxicating substances. The applicable motor vehicle statute in Pennsylvania states that “the driver of any vehicle involved in an accident resulting in the injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall then forthwith return to and, in every instance, remain at the scene of the accident until he has fulfilled the requirements of Section 3744 of PA. M.V.C. relating to the duty to give information and render aid. Every stop should be made without obstructing traffic more than is necessary. Penalties are stated as follows:
Any person violating the above subsection commits a misdemeanor of the first degree. If the victim suffers serious bodily injury, any person violating the section noted above commits a felony of the third degree and the sentencing court shall order the person to serve a minimum imprisonment of not less than 90 days and a mandatory fine of $1,000 notwithstanding any other provision of law. If the victim dies, any person violating the above rule commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than one year and a mandatory minimum fine of $2,500 notwithstanding any other provision of law. Pennsylvania law further states that any person who recklessly or with gross negligence causes the death of another person will engage in a violation of any or all of the Commonwealth or municipal ordinances applying to the operation or use of a vehicle or to the regulation of traffic, except under Section 3731 relating to driving under the influence of alcohol or a controlled substance is guilty of homicide by vehicle, a felony of the third degree, when the violation causes death.
The lawyers of the Philadelphia hit and run law firm of Reiff and Bily have been investigating hit and run accidents for over 30 years. We express our deepest, heartfelt condolences to the family of Jamaal Jackson and salute the efforts of lawmakers in Pennsylvania and nationally to close the existing loopholes in Pennsylvania laws and laws of other states which may, in fact, presently benefit defendants who flee from hit and run accidents.
Please contact us at 1-800-421-9595 or online at www.reiffandbily.com for a free consultation.
]]>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 and Bily have represented many motorcyclists who have been seriously injured or killed in motorcycle accidents in Pennsylvania and throughout the country.
]]> It is important that the operator of a motorcycle maintain proper eye and face protection. A plastic shatter-resistant face shield can help protect your whole face in a crash. It also protects you from wind, dust, dirt, rain, insects and pebbles thrown up from the cars ahead. These problems are distracting and can be painful and if you have to deal with them, you cannot devote your full attention to the road. Although goggles protect your eyes, they will not protect the rest of your face like a face shield does. Your face shield or goggles should be free of scratches, be resistant to penetration, give a clear view to other side, be able to fasten securely and permit air to pass through to avoid fogging. There should also be enough room to permit the use of eyeglasses or sunglasses if necessary.The right clothing while operating a motorcycle provides comfort as clothes protect you from heat, cold, debris, as well as the hot moving parts of the motorcycle and should make you more visible to others. Jacket and pants should cover your arms and legs completely. They should fit snugly enough to keep from flapping in the wind, yet loosely enough to move freely. Leather offers the most protection, however, sturdy synthetic material such as Kevlar provides as much protection. The operator should wear boots or shoes high enough to cover your ankles and give you support. Soles should be made of hard, durable slip-resistant material. Keep the heels short so that they do not catch on rough surfaces and tuck your laces in so that they do not catch on the motorcycle. Gloves should be worn by the operator to give a better grip and help protect your hands in a crash. Gloves should be made of leather or other similar durable material.
It is important that the operator have complete knowledge of the motorcycle. The motorcycle driver should be completely familiar with the owner’s manual and start with the right motorcycle for him or her. The motorcycle should be checked every time before every ride to make sure it is free from defects such as cracks in the tires or other defects which could pose as a safety hazard.
In purchasing a motorcycle, you should make sure the motorcycle fits you. Your feet should reach the ground when you are seated on the motorcycle and the controls should be easy to operate. Smaller motorcycles are generally easier for beginners to operate. A safety check for the motorcycle is as follows. Obviously a motorcycle needs more frequent attention than a car. A minor technical failure in car seldom leads to anything more than an inconvenience. However, if something is wrong with a motorcycle, you want to find out about it before you get into traffic.
Before mounting the motorcycle, please check the following:
1. Tires/wheels. Check the condition of tread, wheels and air pressure and check for cracks in the rubber if the bike has been stored for a period of time.
2. Fluids. Always check all fluid levels. At a minimum, check hydraulic fluids weekly. Look under the motorcycle for signs of an oil or gas leak.
3. Headlights and tail lights. Switch them both, test your switch to make sure both high and low beams are working.
4. Turn signals. Check your turn signals. Turn on both right and left turn signals.
5. Brake lights. Try both brake controls and make sure each one turns on the brake light.
6. Check all levers, cables and throttle controls for proper condition, operation and routing.
7. Once you have mounted the motorcycle check the following before starting out:
Clutch and throttle - make sure they work smoothly. The throttle should snap back when you let go and the clutch should feel tight and smooth.
Mirrors - clean and adjust both mirrors before starting. It is difficult to ride with one hand while you try to adjust the mirror. Adjust each mirror so you can see the lane behind you and as much as possible, the lane next to you. When properly adjusted, a mirror show the edge of your arm or shoulder but it is the road behind and to the side that is most important.
Brakes - Try the front and rear brakes. Leverage one at a time and make sure one feels firm and brakes and holds the motorcycle when the brake is fully applied.
Horn - Make sure it works.
Even with all these safety tips and the improvement of motorcycle design, the current figures reveal that in the United States in 2006 there were 4,810 fatal accidents and 88,000 injuries to motorcyclists compared with 2005 with 4,576 fatalities and 2004 4,028 fatalities. These figures show an increase annually of about 5%. Current trends both in popularity and economic situation with gas prices has lead to an increase of motorcyclists traveling upon the roadways. In an attempt to reduce these numbers, NTHSA and the Commonwealth of Pennsylvania have instituted the Motorcycle Safety Program, enjoy the safe ride and sober and stop street racing, both to increase the awareness of motorcycles and drivers. We highly recommend that you participate in one or more of these programs.
Principal and founding attorney, Jeffrey Reiff, has been a motorcyclist since age 13 and has provided ground breaking theories of liability and has participated in numerous motorcycle safety and legal forums. Philadelphia personal injury attorney, Jeffrey Reiff, and the experienced personal injury lawyers at the Philadelphia personal injury firm of Reiff and Bily have worked with highly specialized experts in reconstructing and prosecuting motorcycle accident cases.
The Philadelphia personal injury lawyers at Reiff and Bily understand motorcycle accident law and understand motorcycles and know how to review and prove damages, establish legal responsibility, assess how much financial recovery your injuries warrant and how to collect the financial settlement or judgment that you properly deserve. Our attorneys will handle every aspect of your case so that you can focus on recovering from your motorcycle injuries. We have an outstanding record of successful outcomes from our motorcycle injury clients.
Please contact Reiff and Bily today to request a free consultation with one of our experienced motorcycle accident lawyers. Please call 1-800-421-9595 or contact us online at www.reiffandbily.com.
]]>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.
Tip 3: Buy 1997 or later. While pre-owned cars are less expensive, older models may be more costly to insure and they often do not have modern safety features found on newer cars. Although many parents cannot afford newer vehicles, they should focus on models manufactured after 1997 or later, the year airbags were required in all cars. Another important safety feature includes side airbags, antilock brakes and roll stability control.
Tip 4: Know the score. Whether shopping for a newer pre-owned vehicle, always check crash test scores. All vehicles are rated the National Highway Traffic Safety Administration (NHTSA), which provides ratings on a vehicle’s ability to withstand a front or side impact. Although these scores are approximate, they provide an excellent appraisal of the models structural integrity. For actual crash test scores, visit the NHTSA website at
www.safercar.gov.
Tip 5: Ask for a rate quote. Before you go shopping, find out how much it will cost to insure your teen in his or her new car. Compare rates with many insurance companies. We suggest that you also contact Mercury Insurance Group as they often offer fairer automobile insurance rates and we salute their initiative towards promoting driver safety. For a complimentary rate quote, log on to the Mercury website
www.mercuryinsurance.com
The Pennsylvania personal injury and SUV rollover law firm of Reiff and Bily is committed to promoting automotive safety. The experienced lawyers at the Pennsylvania vehicle defect law firm of Reiff and Bily have been representing victims in Pennsylvania and throughout the United States who have been injured as a result of preventable injuries due to defective automotive design and negligence of careless drivers.
We believe the combined proud efforts of trial lawyers, insurance companies and manufacturers in the United States who have particular knowledge in litigating defective vehicle cases has lead the manufacturers, parents and NHTSA to take more aggressive steps to protect unknowing consumers from catastrophic injuries. Each month the National Highway Transport Authority releases a list of recalls of defective vehicles which should also be consulted. To view this information go to www.nhtsa.gov or www.safercar.gov. This site will provide information including vehicle and equipment campaigns from 1966 to present.
If you or a loved one has been injured as a result of a defectively designed automobile or have been seriously injured in a car accident, the experienced Pennsylvania personal injury lawyers at Reiff and Bily will examine the facts, review the investigative reports and other evidence to determine who was responsible for the accident. We will also consider what other factors contributed to the accident such as unsafe road conditions, inadequate road signs or defective traffic devices. Our team will establish the amount of damages to which you may be legally entitled under Pennsylvania law. Reiff and Bily can handle every aspect of your car accident case. We will negotiate a settlement agreement with the responsible parties and the insurance companies for you. If necessary, we will file a lawsuit and litigate your case in court and see that you receive the maximum recovery for your injury.
If you or someone you love has been seriously injured in a car accident, we urge you to call the experienced Pennsylvania personal injury lawyers at Reiff and Bily at 1-800-421-9595 or contact us online at www.reiffandbily.com to discuss your case.
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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.
The law firm of Reiff and Bily has been representing catastrophically injured individuals since 1979 and has experience dealing with insurance company liquidations, defaults and bankruptcies on behalf of their injured clients. If you or a loved one has been seriously injured in an automobile accident and are concerned about receiving the proper recovery, please contact the experienced personal injury lawyers at the Pennsylvania personal injury law firm of Reiff and Bily. We work on a contingent fee basis, charging a small percentage of the recovery. We do not get paid unless there is a successful recovery. We have handled thousands of automobile cases for almost 30 years. If you would like more important regarding your accident and your insurance coverage, please feel free to contact us for a free consultation at 1-800-421-9595 or www.reiffandbily.com.
]]>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 and Bily is committed to safe driving and the safe operation of motor vehicles in the Commonwealth of Pennsylvania and nationally. We are
]]> passionate advocates for driver’s safety and victims of automobile accidents. We understand that pain, financial difficulties, payment of medical bills and physical struggles accompany injuries by car accidents and salute all driver safety programs. Accordingly, we seek to deliver intelligent, tenacious and experienced counsel throughout our representation of automobile accident victims in the Commonwealth of Pennsylvania.The experienced lawyers of the Pennsylvania car accident and personal injury law firm of Reiff and Bily are devoted to promoting public and traffic safety. If you or a loved one has been injured in a Pennsylvania car accident or have a concern about automotive safety issues, please call the experienced Pennsylvania car accident lawyers at Reiff and Bily for a no cost, no obligation consultation by contacting us at 1-800-421-9595 or www.reiffandbily.
]]>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”.
If you or a loved one is the victim of an assault and battery crime or a personal injury at a restaurant/bar and have suffered damages as a result, you deserve to be compensated for those losses. You should contact an experienced personal injury and premises liability lawyer who can investigate the case and determine whether the person who committed the assault has appropriate assets or insurance to cover your damages. Damages recoverable include medical expenses, lost wages, lost future earning capacity, pain and suffering and punitive damages.
At the Pennsylvania inadequate security law firm of Reiff and Bily, we have successfully represented victims injured in assaults resulting from inadequate security at restaurants, hotels, apartment complexs, cruise ships and recreational parks. The law of Pennsylvania requires individuals and businesses such as restaurant owners, employers, hotel operators and apartment owners to take reasonable measures to insure the safety of their employees and customers. The safety of employees, customers and guests should be the top priority for restaurant owners and operators.
Since 1979, the experienced and inadequate security lawyers at the Pennsylvania law firm of Reiff and Bily have aggressively represented clients that have been injured while on other people’s premises including hotels, motels, restaurants, apartment homes, shopping malls, casinos and cruise ships. We have been able to successfully prove that a breakdown in the owner/operator’s security system not only can encourage criminal activity but it can also result in the owner/operator’s liability and resulting monetary damages to the crime victim for negligence. We have worked carefully with top investigator’s and criminal enforcement officials to perform our own investigation to determine whether or not an inadequate security concern lead to the offense. We also examine past incidences of abuse and criminal activity at the location and surrounding areas that should have placed the owner/operator on actual or constructive notice that a potentially dangerous situation existed with regard to serving customers or visitors to the property.
If a commercial property owner is aware of a crime in the immediate or surrounding area, they have an obligation to take steps to secure their premises such as hiring highly qualified security guards, as well as implementing safety procedures to insure customer safety. Security guards and other employees should be subjected to background checks and follow a mandated security protocol to insure visitors safety while on the premises. Many times we have found that the security force is outright negligent in the basic performance of their duties and tasks, which results in serious crimes being perpetrated on their watch. As a result, the property owner is legally responsible for any harm suffered by the unsuspecting resident or patron. Many times, extensive discovery investigation will easily reveal that a breech of security was prevented and therefore the owner of the property or operation is civilly liable to pay monetary damages to the injured person.
At the Pennsylvania inadequate security law firm of Reiff and Bily, we are experienced in handling negligent security cases on behalf of victims of physical assault, robbery and death. If you suffered a physical injury, assault, sexual molestation or robbery because of negligent security, we will be glad to begin an immediate investigation into your case to preserve evidence and properly prepare your case.
If you would like a free consultation, please feel free to contact us to discuss your rights in a negligent security breech case at 1-800-421-9595 or www.reiffandbily.com.
]]>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.
]]> If you have questions about whether or not your company is licensed or covered, contact the Pennsylvania Insurance Department’s Bureau of Consumer Services at 717-787-2317 or visit the website of the Commonwealth of Pennsylvania Insurance Department at www.insurance.state.pa.us.If you or a loved one has been seriously injured in an automobile accident, please contact the personal injury lawyers at Reiff and Bily. We work on a contingent fee basis, charging a small percentage of the recovery. We do not get paid unless there is a successful recovery. We have handled thousands of automobile accident cases for almost 30 years. If you would like more information regarding your accident, please feel free to contact us for a free consultation at 1-800-421-9595 or www.reiffandbily.
]]>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
]]> People leave the scene of car accidents for many reasons. They may have outstanding warrants, no car insurance, or drunk or under the influence of intoxicating substances. The applicable motor vehicle statute in Pennsylvania states that “the driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every instance remain at the scene of the accident until he has fulfilled the requirements of Section 3744 of the PA. M.V.C. (relating to the duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary”.If the victim dies, any person violating the above rule commits a felony of the third degree and the sentencing court shall order the person to serve a minimum term of imprisonment of not less than one year and a mandatory minimum fine of $2,500 notwithstanding any other provision of law.
Pennsylvania law further states that any person who recklessly or with gross negligence causes the death of another person will engage in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of the vehicle or to the regulation of traffic, except under Section 3731 relating to driving under the influence of alcohol or controlled substances is guilty of homicide by vehicle, a felony of the third degree, when the violation causes death.
If you or a loved one has been injured by a hit and run driver, please contact the hit and run lawyers at the Philadelphia personal injury law firm of Reiff and Bily for a free consultation. We have 30 years experience representing injured plaintiffs for a small percentage of the recovery. There is no cost if there is no recovery and our track record speaks for itself. Contact us at 1-800-421-9595 or on the web at www.reiffandbily.com.