Philadelphia Injury Attorney Blog

As an experienced automotive product liability lawyer, my legal brethren and myself who dedicate their practices to automotive product liability and consumer safety have been all too frustrated many times over the past few years when we attempt to download the black boxes from Toyotas and other Japanese auto manufacturers. More so than any other automakers that we litigate against, many of the Japanese automakers have placed roadblocks in our path in making data from black boxes accessible. Yoshimi Inaba, the President of Toyota North America, told a Senate Committee on Tuesday, March 2nd that the company would be delivering three data readers to the National Highway Safety Administration on Wednesday, March 3rd and that the company hoped to make the data more accessible to other systems by the middle of 2011.

Quite frankly as an experienced product liability lawyer who has had vast experience with the downloading of black boxes and the evaluation of data, I am curious why only three data readers are only being made available and why the consumer public and experts must wait until the middle of 2011 to receive more accessibility when citizens lives are knowingly in danger. Once again, it seems that profitability is being stressed over public safety in this game of hide and seek by Toyota. I have always believed that if you are confronted with a problem or safety issue, get the facts out there as soon as possible so other innocent victims are not killed or catastrophically injured.

I for one believe that Toyota is “hiding something” and for a company that prides itself on integrity, they are certainly not doing a great job putting their cards on the table as surveys now reveal that more than half of the people out there are less likely to buy a Toyota. On the positive side for major U.S. automobile manufacturers, sales are up but many analysts claim its at Toyota’s expense. By the way, it is important to note that the black box recording devices utilized on Toyotas are not so dissimilar from black boxes utilized on American cars as common safety features. However, one important aspect is that Toyotas can only be read by Toyota technicians with specialized readers which is not the case with black boxes manufactured by U.S. car companies. As I review the congressional hearings, there is a theatrical ring about it. The answer is quite simple, “... without integrity nothing stands.”

You can rest assured that the automotive product liability lawyers at Reiff and Bily and many other fine lawyers committed to the cause around the United States of America will do their best to ferret out the truth in these matters.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Auto Defects , Product Liability

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In a letter from the United States Congress Committee on Oversight and Government Reform sent to Mr. Yoshimi Inaba as part of their investigation into Toyota’s handling of vehicle recalls arising from incidents of sudden acceleration, it was revealed that Toyota deliberately withheld relevant electronic records that it was legally required to produce in rollover litigation. Many of these documents concerned rollover cases where the plaintiff was injured or killed. The letter also goes on to note that Mr. Dimitrious Biller, who is managing counsel of the product liability group of Toyota Motor Sales and in a very senior position in which he lead the defense of some of the largest tort cases against Toyota, particularly rollover cases involving seriously injured victims, did not produce all of the requested documents during the litigation process. Biller was concerned with Toyota’s failure to produce electronic documents in litigation. The documents also indicate that Mr. Biller was concerned that Toyota’s interactions with NHTSA would be discovered. Finally the Biller documents shined light on Toyota’s handling of the sudden, unintended acceleration problem.

In summary, the Biller documents and Toyota documents indicate a systematic disregard for the law and a routine violation of court discovery orders in litigation. People injured in crashes involving Toyota vehicles may have been injured a second time when Toyota failed to produce relevant evidence to the court. This also raises very serious questions as to whether Toyota has withheld substantial relevant information from NHTSA.

As experienced product liability lawyers, we have been well aware of Toyota's posturing for many years and their refusal to play fair in the litigation process. We are currently investigating a number of Toyota airbag and sudden acceleration claims.

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Posted In: Auto Accident , Auto Defects , Personal Injury , Product Liability

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For many months, I have been blogging about the dangers of defective trailer hitches and the lack of safety posed to otherwise innocent and unsuspecting victims by many trailers being pulled by vehicles. According to NHTSA statistics, every week in the United States there are 418 injuries, 8 deaths and 775 incidents of property damage caused by vehicles towing trailers. One of the unsung heroes of the defective trailer crisis in an individual known as Ron Melancon who maintains a website at his own expense known as dangeroustrailers.org. Ron maintains a daily vigil on trailer accidents occurring throughout the United States and the world and has tirelessly worked on behalf of those injured by these vehicles to lobby the government and industry to mandate safer standards, guidelines and quality control.

Recently an incident occurred in Oregon where a trailer being pulled by an RV came loose while transiting thorough a tunnel causing another vehicle traveling in the opposite direction to crash head on into the trailer. It is important to recognize that the utility trailer industry has continued to stop any attempts to improve trailer safety. It is continuously important to recognize that trailers under the weight of 3,000 lbs. are unregulated in most states in this country. State codes in most of our states are silent as to any design or construction specification for those vehicles or for towing chains and hitches. The utility trailer industry maintains a strong lobby to stop any attempts to improve this class of vehicle in all 50 states by not requiring a federal standard on trailer hitches since 1972.

The defective trailer hitch attorneys at Reiff and Bily join Ron Melancon and other committed consumer safety advocates to bring a new national standard to implement, improve, reduce and eliminate deaths and catastrophic injuries due to defective trailer hitches and defective trailer manufacturer. If you or a loved one has been involved in an accident resulting from a defective trailer or caused by a trailer being towed by another vehicle, please contact the defective trailer and defective trailer hitch attorneys at Reiff and Bily at 1-800-421-9595 or contact us online for a free no obligation consultation at www.reiffandbily.com.

The experienced lawyers at Reiff and Bily have been handling thousands of catastrophic injury cases and fatalities since 1979 and are committed to promoting safety on our roads and highways.

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Posted In: Auto Accident , Catastrophic loss , Defective Trailer/Trailer Hitches , Personal Injury , Wrongful Death

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According to news sources, a deadly crash occurred on Route 19 in North Strabane, Pennsylvania when a trailer broke loose from a pickup truck striking a car and killing a woman. A utility trailer broke loose from a pickup truck as it was headed south on Route 19 causing the trailer to bounce over the medial strip landing on a car in the passing lane headed north. The car then caught fire and two woman who were in the front seat were killed and a young girl, 3 or 4 years old, was in the back seat. (news article)

Michelle Kott, 36, of Ellsworth was killed.

Many crashes involving trailers stem from basic mistakes such as failing to engage a locking device when hitching a trailer and often operators and drivers neglect a series of precautions any one of which might have prevented such a deadly, catastrophic tragedy.

A Master lock company which makes hitches and other towing equipment surveyed more than 300 trailer owners in 2006 and found that most were lacking in knowledge of basic safety and proper towing procedures and few have had any real training or instruction. Fewer than half properly attach their trailer safety chains the survey found. Adding to the risk is the growing number of trailers on the road. The number of light duty trailers registered in the United States rose from 10.6 million in 1990 to 15.9 million in 2005 according to the Federal Highway Administration. In all 50 states one only need a basic driver’s license in order to tow a small to medium size trailer. Basically, there is no law enforcement program that requires a person towing a trailer to have any special training. The result is a lot of ignorance, carelessness and catastrophic injuries and deaths.

Continue reading "Defective Trailer Breaks Loose From Pickup Truck and Kills Pennsylvania Woman" »

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Posted In: Auto Accident , Catastrophic loss , Hayride/Trailer Accidents , Personal Injury , Wrongful Death

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People who have been involved in severe car accidents often suffer from post-traumatic stress disorder (PTSD). PTSD is a significant injury and the symptoms can last for decades. Typically, passengers or drivers involved in car accidents sustain symptoms of shock, nervousness and anger and guilt. These symptoms often involve PTSD if the car accident was severe, involved fatalities, or if the individual had underlying psychiatric disorders or a prior traumatic experience.

I recently met with the passenger of an automobile that was involved in a most catastrophic injury inducing accident where the driver was killed and the passenger sustained broken bones. The driver was the best friend of the passenger and both were seat-belted at the time of the accident which took the life of the driver. The passenger had lost his best friend and had extreme guilt following the accident and asked why he had not died as well. I have seen PTSD manifested in many catastrophic and fatal car accidents. The event makes the victims feel afraid and helpless. People with PTSD have trouble coping with and getting over traumatic events and often feel the affects for months afterwards. People who have anxiety, depression and other mental disorders are more likely to develop PTSD, as well as people who have been the victims of other traumas. The typical PTSD sufferer can undergo changes in their brain and these changes can lead to symptoms including, but not limited to, the constant reliving of the event, avoidance, numbing and feeling “jittery” and anxious. Many times, sufferers will complain of “flashbacks”.

Continue reading "CAR ACCIDENTS CAN LEAD TO POST-TRAUMATIC STRESS DISORDER" »

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Posted In: Auto Accident

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The holiday season brings with it more traffic, more drinking, more shopping and hence, many times, more car accidents. Not so surprisingly, car accidents, as a result of intoxicated drivers, dramatically increases during the holiday season and as a result so do catastrophic injuries and roadway fatalities. As a reminder, Pennsylvania law requires that all passengers be buckled up and that any small child be secured no matter what their seating position in the vehicle. Children from ages 0-4 must be in a child safety seat and children age 4-8 must be in a booster seat. It is highly recommended that all children under the age of 12 ride in the back seat of a vehicle with the proper seatbelt securing them.

The Philadelphia car accident lawyers at Reiff and Bily advise that drivers should also be careful in parking lots of shopping malls that will be filled with traffic and hurried and distracted shoppers often not paying attention.

Continue reading "BEWARE, HOLIDAY SEASON MEANS MORE CAR ACCIDENTS" »

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Posted In: Auto Accident

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The Philadelphia car accident lawyers at the law firm of Reiff and Bily recognize that “tis the season to be jolly”, but not to engage in drunk driving folly. During the holiday season of 2007, approximately one person per day died in the Commonwealth of Pennsylvania from DUI according to the Pennsylvania DUI Association. Of course, many more suffered catastrophic injuries. Drinking and driving is taken much more seriously than in the past as social norms and attitudes have evolved. Criminal and licensing penalties are stiffer and even bars, restaurant and other establishments that serve alcohol are included in the chain of legal responsibility.

Continue reading "DRUNK DRIVER ALERT" »

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Posted In: Auto Accident

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Save money on auto registration in Pennsylvania if retired and receiving Social Security. The Philadelphia car accident lawyers of Reiff and Bily want you to know that if you are retired and receiving Social Security or other pension and your total annual income from all sources is $19,200.00 or less, you qualify to register your car or light truck at a $10.00 per year fee instead of the annual fee. Under the Pennsylvania plan, you will save $26.00 per year on the annual registration for a car and even more for a truck. For more information, please contact Pennsylvania Bureau of Motor Vehicles, P.O. Box 68269, Harrisburg, PA 17106 or contact them at 1-800-932-4600.

Continue reading "PA Retirees Receiving Social Security are Eligible to Save Money on PA Auto Registration" »

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Posted In: Auto Accident

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Traumatic brain injury and closed head trauma can result even when the damage to your vehicle is minimal in a car accident. In a recent car accident case handled by the Philadelphia Car Accident Lawyers of Reiff and Bily, the insurance company of the striking vehicle refused to offer a settlement due to minimal property damage sustained by our client’s car. This case was classified as a “mist” case, otherwise known as a minimal impact soft tissue case.

Continue reading "A SMALL CAR ACCIDENT CAN CAUSE A MAJOR BRAIN INJURY" »

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Posted In: Auto Accident

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Traumatic brain injury and closed head traumas are all to common in catastrophic car accidents. The Philadelphia car accident lawyers at Reiff and Bily recently received a call from a client whose mother sustained a closed head trauma and an acquired brain injury as a result of being a passenger in a serious car accident. When a catastrophic brain injury occurs, it does not affect individuals, it affects families. Many times brain injuries are an invisible disability and it is easy for the condition to be unnoticed, undiagnosed and unsupported and many doctors will state that no two brain injuries are alike. One of the main causes of brain injuries in the United States are car accidents. Most individuals who sustain a brain injury do not even realize that they have one. In our case, the victim began to display irregular and abnormal behavior patterns to her husband and daughter.

If you have been involved in a car accident or other catastrophic accident and suffer any one of the following symptoms, you may have suffered a brain injury:

loss of short term/long term memory
dizziness
agitation
blurred vision
loss of coordination
paresthesia
pins and needles in the limbs
weakness in the extremities
seizures
difficulty hearing
nausea/vomiting
irregular eye movement
loss of smell
loss of taste
affectation of cognitive thought process
convulsions

Continue reading "Invisible Brain Injury From Car Accidents A Hidden Danger That Can Destroy Families If Not Diagnosed" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Brain Injury , Catastrophic loss , Personal Injury

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For many years, the 15-passenger van accident and SUV rollover lawyers at Reiff and Bily have been representing passengers that have been catastrophically injured or killed while being transported in 15 passenger vans that have flipped over. The rollover risk posed by 15 passenger vans, including those predominantly used by church groups, school groups and other unsuspecting individuals, is the most dangerous on the road today. 15 passenger vans started out as cargo utility vehicles in the early 1970's and is still essentially a cargo van with modifications made to accommodate passengers. If a 15 passenger van is fully loaded it is 6 to 7 times more likely to flip over than a van containing only a driver. As a matter of fact, NHTSA has noted that fully loaded 15 passenger vans are more likely to rollover than any other passenger type of vehicle, including cars, mini vans, SUVs and pickup trucks.

Internal documents by the major automotive manufacturers, including but not limited to Ford, Chrysler and GM, revealed that the companies were and still are well aware of safety and deficiencies with the 15-passenger van. However, the manufacturing of these passenger vehicles and the transition from cargo to passenger vans became too profitable and the automobile manufacturers have made a consistent effort to place profitability over consumer safety. Documentation of testing data indicates that the engineers who designed these cars knew they were unsafe and suggested necessary fixes to protect innocent and unsuspecting consumers. Initially in April 2001, NHTSA issued a report on the rollover propensity of 15-passenger vans. It is significant that NHTSA had never done this for any other vehicle and during that time period there had been approximately 800 fatalities.

Continue reading "The Vehicle Most Likely to Rollover, Injure And Kill Innocent Children and Churchgoers Is The 15-Passenger Van - 15- Passenger Van Lawyer Warns Consumers" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , Product Liability , SUV and 15 passenger rollover , Wrongful Death

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I was recently contacted by Patrick James who lost his 10-year old daughter, Alexis James, on July 17, 2007 in a 15-passenger van rollover in South Carolina. Unfortunately, according to the investigation, the accident resulted from the failure of the left rear tire. When the tire failed, the van rolled over and beautiful Alexis James was ejected from the vehicle though she was wearing her seat belt. It was only a lap seat belt. Three point lap/shoulder belts were not required in this van when it was manufactured in 1994. Patrick James founded the American Center for Van and Tire Safety. I urge all of you to review Patrick’s website at www.acfvats.org. Patrick’s story is an all to familiar story to members of the 15 passenger van rollover law firm of Reiff and Bily.

Unfortunately, our lawyers have handled too many cases similar to the loss of Alexis James and have shared the pain of losses of all too many parents and children. We applaud Patrick James’ efforts to inform unknowing consumers of the danger of these death machines and salute the his effort to keep the public continuously informed. Every time I learn of another one of these tragic cases, I think of the senseless loss of lives and wrongful death of the innocent and unknowing occupants of these vans.

Continue reading "Philadelphia 15-Passenger Van Attorney Salutes Efforts of American Center For Van and Tire Safety" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , Wrongful Death

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On November 4, 2008, my client, who is an honor’s college graduate and works in a medical laboratory at one of the prominent university’s of Philadelphia, was rear-ended by a tractor trailer who was merging into his lane of traffic on I-76 westbound in Philadelphia. His car was knocked considerably forward and there was considerable damage squarely to the rear of the bumper. Immediately thereafter, the driver of the 2004 Peterbilt vehicle apologized to my client and told him that the accident was entirely his fault and that he did not see him and could not stop in time. My client accepted his apologies and called the police even though the truck driver told him that it was not necessary to call the police. Shortly thereafter, the Pennsylvania state troopers arrived and the trucker then changed his original version of the accident claiming that my client cut his vehicle off and he was unable to stop. Interestingly enough, the damage was squarely to the rear bumper of my client’s vehicle and did not match the truck driver’s story. When the driver was confronted by my client and asked why he changed his story, the driver shrugged his shoulders and walked away.

Obviously, but not so surprisingly, the insurance company for the truck driver and trucking company has denied payment for any property damage claiming that it was not their fault. Not so surprisingly, another one of America’s trucking companies and insurance companies, the same ones that spend billions on advertising to earn your trust, are refusing to pay a claim they are obligated to pay in accordance with the law of the Commonwealth of Pennsylvania. Unfortunately, I have seen more insurance companies and corporations systematically denying claims as the economy continues to tighten. I have been practicing law since 1979 and I am certain that the truth will prevail when this case is heard in the Court of Common Pleas in Philadelphia. However, for many others whose valid claims have been denied, I will remind you that insurance companies count on you giving up. Always fight for your rights and never, ever give up.

If you were a victim of a car accident and an insurance company refuses to pay your claim, it is time to put an experienced Philadelphia car accident lawyer on your side. The law offices of Reiff and Bily has been representing catastrophically injured car accident victims since 1979 with a successful track record. Please feel free to call for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Auto Accident

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Unfortunately, and not surprisingly, a 15-passenger Ford Econoline van took the life of an innocent man and injured ten others Saturday, November 10, 2008 when the van lost control causing it to go sideways, eventually resulting in a multiple roll on Interstate 90. There was not alcohol use detected. According to the accident reports, the driver was driving westbound on Interstate 90 when he lost control of the 15-passenger van. Our hearts and prayers go out to the individuals in this van who were probably not aware of the dangers of 15-passenger vans and their tendency to rollover and cause catastrophic injury and fatality. (news article)

NTHSA’s research and the research of the automotive manufacturers indicate that there is significant risk of rollover in 15-passenger vans when fully loaded. Often times, 15-passenger van rollover crashes are due to defective tires and inexperienced and untrained drivers.
The experienced 15-passenger van attorneys at Reiff and Bily believe that the victims of this unfortunate accident should contact an experienced 15-passenger van and rollover attorney to investigate this accident and get them proper compensation that they rightfully deserve from the manufacturers of these knowingly defective vans. If you or a loved one has been injured in a 15-passenger van accident, please contact us for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , Wrongful Death

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According to an article published by The Lancaster Intelligencer Journal on October 30, 2008, Sarah Timblin, 23, of Lancaster County was sentenced to 18 years in state prison for being intoxicated when she drove her SUV the wrong way on a two lane highway in Manheim Township, Pennsylvania. Her SUV struck a Honda Civic head on, killing all three people inside the vehicle. Three York, Pennsylvania men traveling to work were pronounced dead at the scene of the accident. Ironically, the date of Sarah Timblin’s sentencing was the birthday of one of the deceased workers. Tests revealed that Ms. Timblin’s blood alcohol level at the time of the crash was more than three times the level at which a person is considered legally drunk in Pennsylvania. Sarah Timblin’s sentence rightfully reflects the gravity and severity of her negligent act, an act that ultimately contributed to three senseless and untimely deaths. Lancaster County President Judge, Louis Ferina, sentenced Sarah Timblin to the mandatory 9 year prison term for three felony counts of homicide by vehicle while driving under the influence. The judge also ordered Ms. Timblin to 6 years probation after her release from prison. (news article)

The catastrophic injury lawyers at Reiff and Bily salute Judge Louis Ferina for setting an excellent example to deter other DUI fatalities from occurring in Pennsylvania. I offer my heartfelt condolences to the families of the deceased for their irreparable losses. 23 year old Sarah Timblin should be held criminally and civilly responsible for this accident and the deaths of these working men. She had no regard for the law, traffic rules and most of all for the life of other human beings. In 2007 there were 1,491 fatal traffic accidents in Pennsylvania as a result of driving under the influence. The families of the victims deserve to be rightfully compensated for this tremendous loss. Anyone in this situation would be well advised to contact a reputed, experienced Philadelphia car accident attorney to file a wrongful death claim on their behalf and fight for their rights. The driver of the vehicle that struck them was uninsured and did not have enough insurance. The injured individuals or the families of the deceased individuals would be able to seek compensation through their own uninsured or underinsured motorist coverage.

If you or someone you love has been seriously injured in a car accident, please contact the experienced Philadelphia car accidents lawyers at Reiff and Bily at 1-800 421-9595 or online at www.reiffandbily.com to discuss your case.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury , Wrongful Death

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Yet another tragic story came across the wires reporting that a Pennsylvania woman was accused of drunk driving. The 25 year old woman was charged with vehicular homicide while driving under the influence along with related crimes of death. According to news sources on September 1, 2007, 25 year old, Heather Renee Werner, of Hyndman, Pa. was speeding when she lost control of her vehicle and struck an embankment before rolling over repeatedly. Susan Fleegle, a 48 year old passenger in the car was ejected from the car and died. Steven Huffman, another passenger in the car sustained severe injuries from the accident. Police records indicate that Ms. Werner’s blood alcohol level was 0.115% above the legal limit of 0.08%. We at Reiff and Bily offer our heartfelt condolences to the family of Susan Fleegle for their loss and extend our best wishes for a speedy recovery to Mr. Huffman. (news article)

Indeed, Heather Werner should be held criminally and civilly responsible for this devastating accident that resulted in death to one passenger and inflicted injuries to the other. Driving with a blood alcohol level 0.115% above the legal limit is indicative of the fact that Ms. Werner has little respect for the law, traffic rules and most importantly herself and the safety of her passengers. The families of Susan Fleegle and Steven Hoffman deserve to be rightfully compensated for their tremendous loss. They would be well advised to contact a reputed Pennsylvania personal injury accident attorney who would file a wrongful death claim on their behalf and fight for their rights. If the driver of the vehicle is uninsured and does not have sufficient insurance, it would be appropriate to look at the underinsured or uninsured policies maintain by Susan Fleegle or her family, as well as the uninsured or underinsured insurance policies maintained by passenger, Steven Huffman.

Continue reading "Pennsylvania Woman Charged With DUI and Vehicular Homicide in Mother’s Crash Death" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , Wrongful Death

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According to investigators, an unidentified man was driving south on Island Avenue in southwest Philadelphia when his Chevy Avalanche SUV struck a raised trolley stop platform at the Buist Avenue intersection. The SUV flipped and the driver sustained massive head injuries in the crash. He was pronounced dead later that morning. This represents yet another single vehicle SUV rollover in what seems to be an epidemic in Philadelphia and nationally.

At the Philadelphia law firm of Reiff and Bily we would be interested to see the results of the investigation of this crash. Most likely, there was a roof crush, which is common for General Motors Company SUVs. The injuries and resulting fatality was most likely caused by the collapsing roof or seat belt failure. The victim’s family would be well served by consulting one of many excellent auto defect firms in the nation that are truly experienced in handling General Motors SUV litigation. When hiring an SUV rollover accident attorney, ask the attorney how many similar cases they have completed and how many they have in progress. You might also want to know how many auto defect cases in total they have successfully completed. More than 40,000 people die is SUV rollover accident in the United States each year. Many of these rollover accident fatalities involve SUVs.

Continue reading "New Jersey Man Was Killed in Philadelphia When His SUV Crashed into a Trolley Platform and Flipped Over" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , Wrongful Death

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Yet another 15-passenger van carrying 12 passengers with the notation “Christian Faith Fellowship Ministry” on its side rolled over after a tire blew out while traveling on the roadway of a Phoenix suburb. 15-passenger vans have been made the travel vehicle of choice by large groups of people and their cargo. Unfortunately, these unsafe and unstable motor vehicles are often used for transporting church groups.

The Philadelphia15-passenger van rollover law firm of Reiff and Bily has been investigating, testing and researching defective design components of 15-passenger vans and 15-passenger van rollover cases across the United States for many years. The incident that occurred in Arizona is almost identical to a case that the 15-passenger van rollover firm of Reiff and Bily handled a few years ago, also involving 14 church goers traveling to a church outing resulting in multiple deaths and catastrophic injury.

The 15-passenger van is extraordinarily easy to tip over when loaded because they have a higher center of gravity and design defects that create unsafe conditions and instability in an accident avoidance maneuver or if a tire problem occurs. Our extensive research has revealed that the manufacturers knew about these defects, which was evidenced in internal documents. Yet they continue to sell these defective vehicles due to their high profit margin, despite a minimal expenditure to fix the defect that they knew about even when their own test drivers and experts were being injured during testing procedures. Because these vehicles carry a large number of people and weight and the drivers are not required to have a special commercial driver’s license, they were once the smart choice for transporting millions of school children and church groups across the United States until reports of rollover deaths in 15-passenger vans began rolling in.

If you or a loved one has been injured in an SUV rollover accident, you have a legal right to hold the manufacturer responsible for your physical and financial injuries and make them admit in court what they have known all along - that these vehicles are simply not safe. Our hearts and prayers go out to these folks whose injuries and deaths could have been easily prevented.

If you or someone you care about has been injured or killed in a rollover accident, contact the experienced 15-passenger van rollover lawyers at the Philadelphia law firm of Reiff and Bily today for a free legal consultation. Contact us at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , Wrongful Death

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Two Pennsylvania residents were killed following a single rollover crash that occurred on Interstate 80 when their sport utility vehicle went out of control and rolled over. The driver was identified as 75 year old Jack Kelly and his passenger was 73 year old Lois Kelly, both of Carlisle, Pennsylvania, died in the crash.

Almost one third of all fatalities from vehicle accidents in the United States occur as a result of a rollover of a sport utility vehicle or 15-passenger van. You should also know that 70% of deaths in sport utility vehicles occur as a result of a rollover. Most SUVs lack proper roof support or rollbars that are necessary to provide vehicle occupants with the proper protection during a rollover accident.

At the Pennsylvania SUV rollover law firm of Reiff and Bily, we have been investigating, researching, and litigating SUV rollover and 15-passenger van rollover cases for many years with successful outcomes. The SUV has a high center of gravity and is noted to be one the most unstable vehicles on the highway. The press and the automotive manufacturers are quick to blame the driver who is simply taking an evasive action to avoid an emergency situation. The chief hazard in operating an SUV occurs when the driver takes an emergency action, steering the vehicle in one direction and rapidly correcting in the opposite direction, resulting in the rollover of the unstable vehicle. If you watch television advertisements or read the newspaper advertisements, one would think that SUVs are built for strength and safety and designed to be driven off the road. Yet very few of them have rollbars and very few meet minimal National Highway Safety Administration roof safety standards for automobiles. SUV rollovers are the most common cause of spinal cord injury and paralysis due to roof collapse.

Continue reading "Two Pennsylvania Residents Are Dead Following Single Vehicle SUV Rollover Crash" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , Wrongful Death

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According to an article placed in The Daily Times, a suburban Philadelphia man has surrendered in the hit and run death of a high school honor student. Faith Sinclair, a 16 year old honor student, was struck on August 3rd as she was crossing a busy highway in Sharon Hill, Pennsylvania. On August 7th, a 2000 black Mercedes was seized from the garage of the alleged defendant by investors. According to reports, the Delaware County District Attorney, G. Michael Green, claim that the defendant called his boss after the accident to inform him he would not be in to work due to the fact that he had been in a fatal accident involving a young girl. The defendant was 27 years old on the day he surrendered to the authorities. He was charged with leaving the scene of a deadly accident, a felony that carries a one year mandatory minimum prison sentence and tampering with evidence. Under 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 of alcohol or an intoxicating substance, the penalty can be much stiffer, as much as five years. (Daily Times news article)

In my law practice at the Philadelphia personal injury law firm of Reiff and Bily, I have all too often dealt with hit and run cases and it is apparent that the current hit and run law of Pennsylvania rewards drivers who are under the influence that flee the scene of accidents. For more information on Pennsylvania laws concerning leaving the scene of an accident link to Pennsylvania Vehicle Code, Chapter 37, Subchapter C at www.dmv.state.pa.us)

Continue reading "ANOTHER DEADLY PHILADELPHIA HIT AND RUN ACCIDENT RESULTS IN THE LOSS OF LIFE OF A 16 YEAR OLD HIGH SCHOOL HONOR STUDENT - TIME TO CLOSE LOOPHOLES IN LAW" »

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Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Wrongful Death

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As an experienced Philadelphia personal injury attorney, I am confronted with clients who come into my office after a catastrophic automobile accident and they tell me that they have full automobile insurance coverage. Unfortunately, many times there is a car accident resulting in a fatality and the family is left without funds to pay for a proper funeral and when they look at their insurance policy, they learn that they are not covered for death benefits. Approximately once a week I am visited by clients involved in a Philadelphia car accident who believe that they have full coverage, including but not limited to full tort insurance coverage. Most of the time, these individuals were sold minimal policies by insurance agents that contain anything but full coverage.

Recently, an unfortunate story came across the wires involving the Mullen family in Athens, Pennsylvania who found out the hard way that their insurance did not cover them for death benefits. In that case, Missy Mullen’s daughter, Stephanie Mullen, was killed in a car accident on State Route 4014 in Smithville Township, Pennsylvania approximately one month ago. Missy Mullen learned that Stephanie’s Pennsylvania auto insurance policy did not have death benefits. The $5,000 cost for Stephanie’s funeral was paid by family and friends. Stephanie was cremated and now her ashes lay in a box on her bed at home and her family is in need of an additional $2,500 for the burial. Missy Mullen stated that she wanted more people to be aware of their insurance coverage so they would not have to go through something like this. (news article)

In most states, car insurance policies contain death benefits. However, in the Commonwealth of Pennsylvania only liability medical is required. We urge all of you to carefully examine your policies and if you have any questions regarding coverage, please do not hesitate to contact us for a free consultation.

If you or a loved one has been catastrophically injured in an accident, please contact us at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Auto Accident , Catastrophic loss , Insurance Claims , Personal Injury , Wrongful Death

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CATASTROPHIC INJURY ATTORNEY, JEFFREY REIFF, WEIGHS IN

Another four people, including a 13 month old girl, died when a medical rescue helicopter crashed in Illinois early last week. The helicopter was headed for Children’s Hospital in Chicago. Authorities state that there was no distress call made from the pilots and believe that the helicopter may have hit a radio wire before it crashed. (news article)

Just prior to this, on September 30, 2008, a helicopter operated by the Maryland State Police crashed killing four people. An investigation revealed that the rescue helicopter was not equipped with a terrain awareness system that could have warned the pilot that he was flying dangerously close to a grove of trees, according the National Transportation Safety Board. (news article)

In the last 30 years of practicing catastrophic injury law, we are all too familiar with evacuations and rescues by helicopters from serious accidents. Many of our clients have recollected that the helicopter rides have been scarier than the actual accident. In the case of the Maryland accident, according to news sources, Stephanie Younger, the mother of one of the crash victims that died, stated that her teenage daughter was well enough to call her on her cell phone after the car accident and had no obvious injuries, just pains in her chest. It should be noted that the weather at the time of the crash was rain and fog, and the helicopter was flying at night. Mrs. Younger was quoted as asking “If the weather is already bad, why would you put a child by herself and without a parent in a helicopter?” On June 8th another helicopter crash in Texas killed a patient and three crew members.

Continue reading "NINTH FATAL HELICOPTER CRASH OF THE YEAR OCCURS PROMPTING THE NATIONAL TRANSPORTATION SAFETY BOARD TO CALL FOR AN INVESTIGATION INTO THE INCREASE OF MEDICAL HELICOPTER CRASHES" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury , Wrongful Death

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As a Pennsylvania insurance claims attorney, with a 30 year history of representing catastrophically injured plaintiffs and disputes against insurance carriers solely on a contingent fee basis (we don’t get paid until we win), obviously the financial concerns of the insurance companies and their ability to pay claims is on the front burner in our law firm. In the past few weeks, AIG has been front and center in the headlines. This was followed by an incident with Conseco which was written about in my blog of October 13, 2008.

On October 1, 2008, Senate Majority Leader Harry Reid emerged from a luncheon on Capitol Hill and after speaking briefly to reporters about the financial crisis, mentioned that another insurance company was in danger of following AIG into failure. He mentioned “one of the individuals in the caucus today talked about a major insurance company, with a name that everyone knows, that’s on the verge of going bankrupt.” The Senator stopped short of identifying the insurance company. However, the stock market acting in a nervous fashion revealed that shares of Prudential, Hartford Financial Services and MetLife decreased in value on the following days and have been struggling to recover. The rumor mill continues to circulate rumors and facts, non-facts and supposed facts about various individual companies, solvency of insurance companies, and general doom and gloom predictions. Shares of stock in insurance companies fluctuated wildly on the New York Stock Exchange. Prudential Financial warned last week that it would miss third quarter forecasts due to a series of hefty charges on negative results of investments. MetLife recently raised an additional $2 billion dollars in capital by selling 75 million shares at a discount, while Hartford Insurance Company received a $2.5 billion capital injection from German financial services company, Allianz. To make matters worse, many insureds can no longer afford rising rates.

Continue reading "SPECULATING ABOUT THE FINANCIAL HEALTH OF INSURANCE COMPANIES OTHER THAN AIG IN PENNSYLVANIA AND HOW IT AFFECTS CLAIMANTS" »

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Posted In: Auto Accident , Catastrophic loss , Insurance Claims , Medical Malpractice , Personal Injury

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Approximately three weeks ago, I was contacted by clients who allegedly sustained catastrophic injuries. When I initially went to meet the clients, he and his wife provided me with convincingly and tearful recollections of a catastrophic accident in which they were allegedly passengers in a commercial transportation vehicle operated by another commercial vendor that was allegedly struck broadside, rolled over, and ejected the passengers, the result being multiple internal injuries, broken bones, scarring and extensive hospitalization. The initial meeting was quite emotional as the alleged clients were tearful, with other family members attempting to calm them down. The next day I went to my office and met with our staff and investigators and over the process of the next 24 hours learned that these clients were, in fact, imposters attempting to secure financial benefits for themselves by attempting to defraud our office, financial institutions, and potentially an insurance carrier. As we continued to investigate the matter, we also learned that these individuals had contacted other law firms in the same manner.

At the Philadelphia personal injury law firm of Reiff and Bily, we are committed to representing honest clients and cautiously practice law with the motto that today’s best client can be tomorrow’s worst enemy. The dangers posed to lawyers and law firms representing dishonest clients are clear. Often, we read news reports or allegations whereupon law firms are cited for aiding and abetting the dishonest clients’ fraud or misconduct therefore harming other innocent third parties. Not surprisingly, the Insurance Information Institute has estimated that insurance fraud accounts for 10% of property/casualty insurance industry’s incurred loss and loss adjustment expenses of about $30 billion dollars a year. Common frauds include padding or inflating actual claims, misrepresenting facts on insurance applications, submitting claims for injuries or damages that never occurred, and staging accidents.

The National Insurance Crime Bureau has identified ten cities with the highest numbers of staged auto accidents. One of the many types of staged accidents involves a vehicle that is positioned in front of an unsuspecting motorist with a sudden application of brakes causing a rear-end crash.

Philadelphia, Pennsylvania is the number 5 city in the United States with the highest rate of automobile insurance fraud. Just as many alleged clients attempt to commit fraud, unfortunately, so too is the case with many lawyers or healthcare providers. In any profession, there is occasionally a member who is dishonest. Although not all professions or industries protect victims of their dishonest members, the legal profession has generally offered financial protection to members of the public whose money has been stolen by their lawyer or whose lawyer has committed a fraud.

Continue reading "THE DISHONEST CLIENT - A LAWYER’S BIGGEST NIGHTMARE" »

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Posted In: Auto Accident , Insurance Claims , Personal Injury , Premises liability , Product Liability

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PHILADELPHIA INSURANCE CLAIMS LAWYER, JEFFREY REIFF, SPEAKS OUT

Over the past few weeks, many Americans learned about the AIG insurance crisis and the lawyers and staff at the Pennsylvania insurance claims law firm of Reiff and Bily received many phone calls from insurance agents, clients and other concerned Pennsylvania citizens. It appears that there is more trouble on the horizon for the beleaguered insurance industry and potentially a number of Pennsylvania citizens may be affected. According to a recent article in Investment News, the benefits of some 164,000 long term care policyholders at Conseco Senior Health Insurance Company may be in danger as they are moved to an independent trust. Conseco, an Indiana-based insurance company, without notice to policyholders decided to move 144,000 long term care policies in a trust that may have devastating consequences for senior care citizens. Earlier this year, the Pennsylvania Insurance Department found that Conseco had violated insurance claims handling practices and fined the company $32.3 million dollars. Acting Pennsylvania Insurance Commissioner, Joel Ario, defined the bulk of the fines as “restitution to consumers who were harmed”. Conseco reported a second quarter loss of $487.1 million dollars or $2.64 at diluted share. Conseco also disclosed recently that it held $103 million in securities with American International Group and Lehman Brothers Holdings, both in New York and Washington Mutual in Seattle. (Investment News article)

Bensalem, Pennsylvania-based Conseco Senior is a subsidiary of Conseco Inc. of Carmel, Indiana and according to industry critics is a victim of its own underwriting, signing on more policyholders than it could afford, leading to the creation of the trust. According to the Investment News article written by Darla Mercado, Frank Darras, managing partner of Shernoff Bidart Darras & Echeverria LLP of Claremont, California, stated “This product is oversold, underpriced and poorly performing because they underwrote everybody. These policyholders will either lapse on their payments or the unhealthy people will be so ill that there won’t be enough premiums to keep the trust going.” A spike in premium rates could force healthy policyholders to terminate their LTC insurance with Conseco Senior leaving the unhealthy with coverage that is so costly that the premiums approach the cost of the claim for each contract, according to Philip J. Bieluch an Avon, Connecticut insurance consultant at Insurance Strategies Consulting LLC.

Continue reading "YET ANOTHER TROUBLED INSURANCE CARRIER IS PLANNING TO MOVE ITS POLICIES INTO AN INDEPENDENT TRUST - HOW THIS WILL AFFECT PENNSYLVANIA POLICYHOLDERS" »

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Posted In: Auto Accident , Insurance Claims , Personal Injury , Premises liability , Product Liability

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THE RESULT: GAMERS MAY BE OFFERED REDUCED INSURANCE RATES

As a Philadelphia personal injury attorney, there is probably not a week that goes by that I am not involved in an insurance claim situation with Allstate Insurance Company. I recently came across a story that intrigued me.

Allstate, the company that allegedly puts you in “good hands” apparently believes that people who play computer games have “good hands” and reflexes as well and is testing a program in the Commonwealth of Pennsylvania whereupon it may offer reduced insurance rates to individuals who play computer games. Apparently Allstate Insurance Company has hypothesized that gamers have improved mental agility over non-gamers and as a result have improved driving response times. Go to www.allstate.com to view a demonstration of the “InSight” software. This in turn could lead to better safety records which could result in fewer insurance claims that Allstate would need to pay. According to the report (issued by Allstate on October 1, 2008), for the time being, Allstate is simply testing its hypothesis in older gamers. In its pilot program called “InSight”, Allstate is providing 100,000 Pennsylvania customers age 50 to 75 with specialized computer games with a games developer monitoring the total number of hours that drivers play. In true experimental fashion, the groups accident’s rates will then be compared to a control group. Tom Warden, an Assistant Vice President of Allstate, states that people in their 50's and 60's have the lowest accident rates of all drivers, but the rate shoots up again in their mid-60's. Mr. Warden hopes that the gaming experiment will improve older drivers brain fitness and notes that Allstate recommends at least 10 hours of game playing/training. The games being tested in the pilot program are something along the lines of a pop cap games title or something you would find on X box live arcade, Playstation network or Wii Ware. Allstate is running the program with the Commonwealth of Pennsylvania this year, but it plans to decide in 2009 whether to roll it out to other states.

At the Philadelphia personal injury firm of Reiff and Bily, we salute the efforts of Allstate to improve driver safety and save their insureds money in these difficult economic times.

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Posted In: Auto Accident , Personal Injury

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PHILADELPHIA CATASTROPHIC INJURY LAWYER CALLS FOR MORE REGULATIONS AND OVERSIGHT BY GOVERNMENT AUTHORITY AS THESE INCIDENTS BECOME MORE PREVALENT WITH SEVERE CONSEQUENCES

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)

Continue reading "CELL PHONE USAGE BY OPERATOR CAUSES TWO MAJOR CATASTROPHIC INCIDENTS IN THE UNITED STATES IN SEPTEMBER 2008" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury

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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)" »

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Posted In: Auto Accident , Catastrophic loss , Child Safety Seats , Product Liability

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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" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Personal Injury

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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 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.

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

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Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Personal Injury

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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 and 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" »

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Posted In: Auto Accident , Auto Defects , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover

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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." »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Catastrophic loss , Insurance Claims

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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 and 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" »

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Posted In: Auto Accident , Personal Injury

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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" »

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Posted In: Auto Accident , Insurance Claims , Personal Injury

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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" »

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Posted In: Auto Accident , Catastrophic loss , Hit-and-Run , Personal Injury

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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" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover

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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 and 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" »

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , SUV and 15 passenger rollover

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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" »

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Posted In: Auto Accident , Personal Injury , Product Liability

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

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

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

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

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

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

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Posted In: Auto Accident , Hit-and-Run , Personal Injury

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

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

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

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

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Posted In: Auto Accident , Catastrophic loss , Personal Injury , Product Liability , SUV and 15 passenger rollover

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

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

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

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

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

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Posted In: Auto Accident , Catastrophic loss , Large Truck Accidents , Personal Injury , SUV and 15 passenger rollover

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

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

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

Continue reading "2007 TRAFFIC ANNUAL ASSESSMENT HIGHLIGHTS" »

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Posted In: Auto Accident , Catastrophic loss , Large Truck Accidents , Personal Injury , SUV and 15 passenger rollover

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

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

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

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

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Posted In: Auto Accident , Catastrophic loss , Large Truck Accidents , Personal Injury

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ONE LAWYER’S OPINION ON CRASH-WORTHINESS

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

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

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

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

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Posted In: Auto Accident , Catastrophic loss , Personal Injury

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

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

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

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

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Posted In: Auto Accident , Medical Malpractice , Personal Injury , Product Liability

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

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

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

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

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

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Posted In: Auto Accident , Personal Injury

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OF TEENAGE/YOUNG ADULT DEATHS WORLDWIDE

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

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

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

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

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

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

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Posted In: Auto Accident , Personal Injury

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

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

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

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

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

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Posted In: Auto Accident , Personal Injury , bus accidents

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With An Uninsured or Underinsured Defendant?

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

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

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

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Posted In: Auto Accident , Insurance Claims , Personal Injury

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MAY HAVE CAUSED YOUR ACCIDENT

Government entities such as the Pennsylvania Department of Transportation can be held liable for injuries that occur as a result of improperly maintained or designed roads. At the law offices of Reiff and Bily in Philadelphia, PA, we represent people who have been injured and the families of those who have been killed on a dangerous road in Pennsylvania, highways and streets in Philadelphia and throughout Pennsylvania.

It is very important to recover evidence and take photos before potholes are filled, trees are trimmed or guardrails added and it is important to contact an attorney as soon as possible after a car or truck accident caused by a dangerous street or highway. If a defective road or dangerous highway condition was involved in your accident, contact Philadelphia personal injury and defective road design lawyer Jeffrey Reiff today.

The Philadelphia car accident lawyers at Reiff and Bily consult traffic design experts, engineers, surveyors and accident investigators in exposing negligence on the part of a municipality and other government agencies in accidents involving dangerous roads and defective road design. Even in cases where other vehicles may strike yours, further investigation often reveals improper road conditions or lighting conditions played a role in causing an accident. When the shoulder of a road or a curve is improperly graded, when potholes are left unfilled or when stop signs are obscured by foliage, those responsible for designing and maintaining a road can be held liable when accidents occur as a result of such negligence.

Continue reading "DEFECTIVE ROAD DESIGN OR IMPROPER ROAD MAINTENANCE " »

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Posted In: Auto Accident , Personal Injury , SUV and 15 passenger rollover

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A large truck is any vehicle with a weight over 10,000 pounds. Every year in the United States, thousands of motorists and truck drivers are killed and seriously injured by the negligent and often unlawful operation of large trucks. Large trucks represent approximately 3% of all registered vehicles that are being driven in the U.S., yet they contribute to over 25% of the fatalities due to multiple vehicle auto accidents. The Pennsylvania truck accident lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling automobile and truck accident cases since 1979.

The Pennsylvania Department of Transportation (Penn DOT) reports that in 2005, heavy trucks were involved in 11.6% (or 173) fatal crashes out of a total of 7,321 truck crashes. Heavy trucks were more likely to hit passenger cars over any other type of vehicle with majority of crashes occurring on the highway.

Continue reading "Large Truck Accidents – Hidden And Unknown Dangers Of Large Trucking Accidents" »

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Posted In: Auto Accident , Large Truck Accidents , Negligence , Personal Injury

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When there is a motor vehicle accident, the law requires the drivers to stop as soon as possible to exchange information, make sure everyone is okay or to determine if a victim requires medical attention, and inspect vehicle damage. Far too often after an accident, one driver flees the scene of the crime. This is known as a hit-and-run. Hit-and-runs apply to hitting an occupied or unoccupied vehicle, a piece of property, or a pedestrian and then leaving the scene without leaving or exchanging information. The Pennsylvania personal injury attorneys at the Philadelphia law firm of Reiff and Bily have been researching and handling hit-and-run claims since 1979.

Leaving the scene of the accident will warrant a ticket, but you could also be fined, have your license suspended, or even face jail time. Factors that are taken into account for sentencing are the nature of the accident, the extent of damage, personal injuries, cooperation with law enforcement, and prior criminal record. Statistics show that every year, over 1,000 people are killed due to hit-and-run accidents. If the hit-and-run driver knew that they had seriously injured or killed someone in the accident, they could be charged with felony hit-and-run or other criminal charges.

Continue reading "Hit-And-Run Accidents – The Fugitive Defendant " »

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Posted In: Auto Accident , Hit-and-Run , Personal Injury

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Everyone needs to get from one place to another and many people drive a car. When you’re driving and transporting children, wouldn’t you consider child car seat safety? Parents rely on child safety seats to protect their children, but it is not unusual that there could be a defect in the seat making it extremely hazardous. The Pennsylvania product liability lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous defective car seat cases since 1979.

In March of 2008, Evenflo Discovery seats were being recalled due to a flaw that the child seat would fail during a side-impact crash. During testing, a ram struck the vehicle’s side at 38.5 miles an hour. The portion of the seat in which a child would be strapped in broke free of the base. The base anchors the seat to the car and the seat was thrown around the interior of the car. This was not the first time a child safety seat was recalled. In 2007, there was 11 recalls of child seats, totaling about 3.35 million seats as reported by The New York Times.

Continue reading "Protect Your Precious Cargo – Keep Your Children Safely Secured In Your Vehicle " »

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Posted In: Auto Accident , Child Safety Seats , Personal Injury , Product Liability

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Deny Claims and Refuse Insurance to Those Who Need It The Most;
DENY DELAY and DEFEND

A recent study by the American Association for Justice (formerly The Association of Trial Lawyers of America) revealed the 10 worst insurance companies in America. To identify the worst companies for consumers, researchers at the American Association for Justice undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country and the testimony and depositions of former insurance agents and adjusters.

The 10 worst companies according to this study were:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. Wellpoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

One example was Ethel Adams, a 60 year old woman left in a coma and seriously injured after a multi-vehicle crash in Washington state. Her insurance company, Farmers, decided that the other driver had acted intentionally and denied her claim contending that an intentional act is not an accident. Another example is Debra Potter, who for years was an agent for Unum selling Unum’s disability policy until she herself became disabled and had to stop working. All along, Ms. Potter thought she was helping other people protect their future but when her own time of need came, she was told her multiple sclerosis was “self reported” and her claim was denied by Unum, the very company whose policies she sold.

In cases like these and countless others, the name of the game is DENY, DELAY, DEFEND. Do anything, in fact, to avoid paying claims. For companies like Allstate, there are corporate training manuals explaining how to avoid payments, portable refrigerators awarded to adjusters who deny the most claims and pizza parties to shred documents.

Continue reading "HOW INSURANCE COMPANIES RAISE PREMIUMS " »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Insurance Claims , Personal Injury

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Getting in a car accident is dangerous enough without having to worry about the possibility of your car being engulfed in flames due to a design defect. Fuel-fed car fires are a real danger and often do more harm than the actual crash. The Pennsylvania fuel-fed fire lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous automobile related injury cases since 1979.

The National Fire Protection Association (NFPA) reports that during 2004, fire departments responded to an estimated 266,500 highway-type vehicle fires. These fires claimed 520 lives and caused $969 million in direct property damage.

The Ford Pinto is a prime example of how a defect can result in fatalities. The defect was in the design of the strap on gas tank that made it susceptible to leakage and fire in low to moderate speed collisions. Not only did Ford know of the defect and the possibility of a fuel-fed fire, but they continued to market the Pinto. Innocent lives were lost because Ford marketed a dangerous design. Ford ended up recalling the Pintos and tried to make them safer. Additional information on the Pinto recall is available.

Continue reading "Fuel-Fed Auto Fires" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident , Auto Defects , Personal Injury , Product Liability

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Automobile accidents can be devastating, destroying the lives on many innocent victims. Crashes can have a large impact on both physical health and mental health. The National Highway Traffic Safety Administration (NHTSA) reports that in 2005 the leading cause of death for ages three to six and eight to thirty-four were motor vehicle traffic accidents. More deaths were caused by motor vehicle traffic accidents than homicide, suicide, and heart disease. The Pennsylvania auto accident lawyers at the Philadelphia law firm of Reiff and Bilyhave been researching and handling thousands of automobile accidents cases since 1979.

The Pennsylvania Department of Transportation reports that in 2005, there were 100,381 injuries and 1,616 crash related deaths in Pennsylvania. There was an estimated total of $5.298 billion in economic loss due to automotive deaths.

Continue reading "Auto Accidents" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post | Comments (0)

Posted In: Auto Accident

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Both Raymond M. Bily, Jr. and Jeffrey M. Reiff have had extensive experience handling thousands of complex personal injury cases for almost 30 years. We both volunteer as Judge Pro Tempore for the Court of Common Pleas in Philadelphia evaluating cases on a pro bono basis.

Both attorneys travel and handle cases throughout the United States involving complex personal injury and automobile defect cases. When we determine to accept a case, the case must make economic sense. We must balance the potential for loss against the potential for recovery and consider both the time and money we will invest to fully prosecute the case.

This is a non-exacting process based upon our years of experience handling thousands of cases. Unfortunately our careful screening process only enables us to represent a small portion of clients who initially consult with us on a free, no obligation-basis.

Continue reading "Pennsylvania Plaintiff's Lawyer: Educated Gamblers-How We Are Able to Represent the Client's Story to a Jury" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident

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Lawyers at the Pennsylvania motor vehicle accident Law Firm of Reiff and Bily are currently involved in a case where the distracted driver of a vehicle was texting his girlfriend a message, while his close friend and passenger innocently sat in the back seat of the vehicle.The vehicle 's driver lost control causing the SUV to rollover and eject all of the occupants resulting in permanent and catastrophic injuries that could have easily been prevented.

As I drive down the highways, I am consistently amazed at how many people are driving while having a conversation on a cell phone. Additionally, you can be sure that many of these drivers have MP3 Players and other electronics also serving as a distraction. Anybody can recognize that a person with a cell phone or PDA in one hand and driving with only one hand will not have his vehicle in complete control if an emergency situation arises.

In fact, one of the first things we do at the Pennsylvania Law Firm of Reiff and Bily is investigate whether or not the driver of any vehicle involved in an accident was operated by a driver who was distracted by a cell phone, blackberry, radio or any other electronic device that can be tied to liability.

Continue reading "Pennsylvania:The Distracted Driver,a Major Cause of Car Accidents And Rollovers" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident

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If you have been seriously injured in a Philadelphia car accident, it is important that you consult with a Philadelphia Injury attorney immediately. The law in Pennsylvania indicates that you may be entitled to monetary payment for your injuries, which is not only limited to physical injury, but may also include psychological injuries, frustration, humiliation, loss of life's pleasures and even a loss of affection and/or companionship of your spouse.

At the law firm of REIFF AND BILY, we have been leveling the playing field for car accident victims for almost thirty (30) years. We are experienced and dedicated Philadelphia Trial Lawyers with a passion for protecting our injured victims' rights and we collect the monies that the victim is legally entitled to.

In today's tough economic climate, insurance companies are fighting harder than ever to hold on to what they consider to be their money. We find that the insurance companies are quick to take your money when they sell you a policy, but when it comes time to collect, they will find every excuse under the sun not to pay the insured and injured victim. At REIFF AND BILY, we have experienced the attempted unethical behaviors of many insurance carriers and their adjusters and we know how to combat their attempts to intimidate victims who are entitled to a monetary recovery. Our record of success and published results speaks for itself.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Auto Accident

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