Philadelphia Injury Attorney Blog

At approximately 8:45 a.m. on Wednesday, July 27th, I was traveling southbound on a Philadelphia highway at approximately 50 mph when all of a sudden, a pickup truck marked prominently with the name of a landscaper and pulling equipment in a trailer went out of control, spun around, and crossed the lanes of traffic. Thankfully no one was injured in this accident and the trailer was slightly damaged, but as the driver pulled over, I noticed that the trailer did not appear to be properly attached and there were no safety chains. Furthermore, I did not notice operating brake lights working on the trailer. The trailer contained landscaping equipment that was not secured. Luckily it did not flip over. Believe it or not, the driver of the trailer pulled, resettled the trailer, and proceeded down the expressway at a high rate of speed, and in this detached and unhitched trailer attorney’s opinion, this situation represents an accident waiting to happen.

Unfortunately many such trailers may be homemade and are purposely made to be under the weight of 3,000 lbs. meaning they are not subject to regulation. Many state laws, including those in Pennsylvania, are silent as to the design and construction specification of such vehicles including towing safety chains or hitches. While this accident that I witnessed representing a situation of luck in terms of timing calls to attention the unregulated and un-policed state of the trailer industry and the trucks pulling trailers. Unfortunately there is no uniform system for reporting injuries or accidents and henceforth are many unreported dangers that will kill or catastrophically injure other innocent and unknowing victims.

The defective trailer accident and unsecured cargo lawyers of Reiff & Bily have decades of experience investigating and litigating unsecured trailer accidents and those accidents involving unsecured cargo that falls on a roadway. We have recently joined forces with the experienced defective trailer accident lawyers of the Beasley Firm to create the Beasley Reiff Law Group and employee a most experienced group of investigators and experts to determine how trailer and unsecured cargo accidents occur and who is liable. Since 1955, our skilled lawyers have together been awarded over two billion dollars on behalf of injured victims and their families. Our skilled unhitched trailer and unsecured cargo accident attorneys have been recognized as possessing the highest possible ratings in both legal ability and ethical standards and have been noted to be among the top attorneys in Pennsylvania and the nation. We always offer a free, no obligation and confidential consultation. Please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

A bus trip originating at 30th Street Station in Philadelphia ended in a fatal crash on Saturday, September 11th when the driver took the wrong exit off a ramp, plunging 13 foot high double-decker Megabus into a railroad bridge 10' 9" above the road. Our hearts and prayers go out to all of the victims and their families and we wish the survivors the very best for a speedy and complete recovery.

What caused the accident? Based on the initial news reports and investigation, it appears that the bus driver is at fault, and as the investigation continues, the main question will be:

1. Why did the bus driver fail to avoid the collision?

2. Was he inattentive?

3. Was he distracted?

4. Was he under the influence or otherwise negligent?

I am sure that the state police and other investigators are examining these and other factors to determine what occurred here. As an experienced bus and common carrier accident attorney, it is our opinion that if the bus driver's negligence caused the accident, the injured passengers could file a claim to seek compensation for medical expenses, loss of wages, cost of hospitalization, and other accident related costs. Of course, the families of the victims who were killed would have a right to file a wrongful death action.

Bus companies, whether they are private or public, owe the highest duty of care to passengers that travel on their vehicles. This duty of care is higher than the negligence duty owed by the bus company, drivers, other vehicles, and pedestrians. The victims and their families of this accident would be well advised to consult an experienced Pennsylvania bus accident injury and wrongful death lawyer to monitor the investigation and take steps necessary to protect their legal rights and best interests.

For a free no obligation consultation concerning a bus accident, our attorneys are available 24/7 at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced commercial carrier and bus accident lawyer who has been successfully prosecuting claims since 1979, a recent Arizona bus crash that killed 6 and injured 16 is offensively shocking to the conscience due to the fact that investigation reveals that the company had skirted government regulations and amassed a poor safety record and was operating off the books. According to investigative sources, the company never had Federal authorization required to transport passengers over state lines. The company skillfully skirted regulations designed to insure that bus companies adequately maintained vehicles as well as test drivers for drug and alcohol abuse. U.S. Transportation Secretary Ray LaHood said “It is absolutely essential that unsafe common carriers like this be taken off the road."

Federal officials and court documents suggest that the owners of the bus knew that they were conducting business without federal operating authority due to the fact that the company applied for official authorization in April 2009 but never replied to a request for more information. As a result, the government denied the application and sent a certified letter to the bus operators informing them in bold face print that they were not authorized to engage in interstate transportation of passengers by commercial motorized vehicles. The operators of this bus, according to sources, have shown a persistent determination to continue operating under new entities and they have been repeatedly rebuked by transportation officials in their attempts to skirt the law and regulations.

In August 2009, the bus was declared “out of service" after inspectors determined serious maintenance issues and faulty emergency exits, as well as a checkered history of maintaining insurance coverage. This accident represents a senseless loss of life and calls attention to the need to enforce common carriers and bus companies with strict regulations that have teeth in them.

In this experienced catastrophic injury attorney’s opinion, this event is tantamount to vehicular homicide and I feel that all of the operators and parties should be charged accordingly.

PHILADELPHIA BUS ACCIDENT LAWYER, JEFFREY REIFF, SPEAKS OUT!

Eight people were killed and another 45 injured on Sunday, October 5, 2008 when a charter bus bound for a casino flipped over and rolled off into a ditch on a two lane highway north of Sacramento, California. Among the injured was the bus driver, Quintin Watts, 52 years old, who was hospitalized in critical condition and was also arrested the following Monday, October 6, 2008 on suspicion of driving under the influence of alcohol and drugs. According to news sources, Robert Kays, a spokesman for the California Highway Patrol noted that the driver was observed to be operating the vehicle in an erratic fashion prior to the collision. Mr. Kays also noted that California records revealed that the driver DID NOT have a valid certificate to transport passengers in a chartered vehicle. The Associated Press, quoting the mother of the driver on October 6th, stated that he had wrestled with drug and alcohol problems and had been jailed several times on drug charges and smashed his car into a tree a few years ago. In addition, the news agency stated that records showed that the driver had been cited for speeding and other violations that resulted in the loss of his driver’s license for nearly two years and he regained his driving privileges in January. Officials also noted that the bus had an invalid Texas license plate and an invalid registration serial number and was operated by Cobb Transportation, whose owner, Daniel E. Cobb, Sr., was among those killed. According to witnesses, the bus drifted into the oncoming lane of traffic soon before the crash and stayed there for approximately one half mile before it began swerving and over corrected at least three times when it finally rolled over, ejecting some passengers before landing in a ditch. (news article)

I have written a number of articles or blogs spotlighting the lack of proper safety regulation and concern for passengers. Notably bus passenger usage is on the increase in the United States and so too are the number of bus accidents that are causing personal injury and death. Surprisingly, most of these accidents are preventable. I am outraged when I review the facts of an accident such as the one that took place in California this week. Common carriers, which include but are not limited to commercial bus companies, owe a extraordinarily high duty of care to their fare-paying passengers. Such safety sensitive jobs or occupations mandate testing for drugs, alcohol, sleep disorders as well as careful background checks of operators. Fatalities from accidents such as above are on the rise. As more and more accidents are occurring, it is important that the bus companies, drivers and other employees be held accountable for negligence and gross negligence which contributes to such bus accidents. It is equally as important for the State and Federal government agencies to implement tighter safety standards and regulations for common carriers and the manufacturers of buses that transport precious cargo.

Continue reading "ANOTHER PREVENTABLE BUS ACCIDENT KILLS INNOCENT VICTIMS - DEJA VU " »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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