November 20, 2009

Fatal Hit and Run Accident Occurred When a Trailer Became Unhitched From the Vehicle Towing It and Traveled into the Path of an Oncoming Motorcycle Resulting In Fatal Injuries

As an experienced defective and unhitched trailer lawyer with a specialty in motorcycle accidents and hit and run accidents, I noticed a “hat trick” of all three has recently occurred which tragically took the life of an innocent man. Michael K. Hull, age 48, was injured when a trailer became unhitched from a vehicle and traveled across two lanes into the path of his motorcycle. The unfortunate victim died of the catastrophic injuries approximately two weeks later. The operators of the vehicle towing the trailer left the scene of the accident and were charged for failure to stop, also known as hit and run. In addition they were charged with voluntary manslaughter. Evidently the trailer was stolen from a business and connected to their vehicle in an improper fashion. After the trailer crossed the median strip and Mr. Hull struck it, he was thrown off the motorcycle and landed in westbound lanes of traffic where he was struck by two other vehicles.

Our hearts, thoughts and prayers go out to the family of Michael K. Hull. They would be well advised to seek the services of an experienced hit and run lawyer with expertise in defective trailers and motorcycle accidents to fully investigate this claim to make sure that they receive proper compensation. The facts of this case represent the worse possible circumstances involving hit and run, defective trailers and motorcycle accidents which unfortunately took the life of a good, caring and innocent man.

October 30, 2008

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

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)

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September 25, 2008

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

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.

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September 16, 2008

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

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

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August 28, 2008

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

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.

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July 24, 2008

Hit-And-Run Accidents – The Fugitive Defendant

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.

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