November 20, 2008

Cargo Container Falls Off Flatbed Trailer Truck And Kills Innocent Pennsylvania Woman

A catastrophic trucking accident took the life of an eastern Pennsylvania woman after her vehicle collided with a cargo container which was knocked off of a flatbed trailer truck that struck an overpass on Route 22 in Lehigh County. Sadly, 42-year old Michele Lamaze of Whitehall Township was pronounced dead at the scene of the crash this past Tuesday. The truck driver, a 29-year old Ohio resident, was not injured. According to a State Police investigation no charges have been filed.

Although many, including the newspaper, has called this a “freak” accident, unfortunately the situation is not so unusual. Full details and photographs of this deadly crash are available on the following link. (news article)

The experienced truck and trailer accident lawyers at the Philadelphia law firm of Reiff and Bily offer their deepest condolences to the family of Michele Lamaze who died in this tragic and unfortunate accident. Obviously, she was in the wrong place at the wrong time and was the victim of someone’s negligence.

Unfortunately, freeway debris and containers falling from trucks is not so infrequent on Pennsylvania highways. In Pennsylvania a motorist can be fined and held liable for dropping anything from their vehicle onto the roadway which causes an accident to occur. In addition to fines, they can be held civilly and criminally responsible for the consequences of the debris on the highways. Reiff and Bily has successfully handled many major injury and fatality cases caused by highway debris and objects falling from trucks and trailers. A person injured in an car accident caused by highway debris and falling objects has the right to be compensated for their injuries not only from the person who drops the debris on the highway but also from their own uninsured and underinsured motorist provision of their automobile policy. An experienced Pennsylvania personal injury attorney will tell the family of the injured or deceased how their Pennsylvania motor vehicle policy would apply to a roadway debris or trailer debris accident. I sincerely urge the family of Michele Lamaze to consult with an experienced Pennsylvania truck accident or automobile accident attorney who would help and hold the negligent parties responsible and help secure them the compensation they are rightfully deserve and are owed under the laws of the Commonwealth of Pennsylvania.

If you would or a loved one has been catastrophically injured in an automobile accident and would like a free consultation with an experienced Philadelphia auto accident attorney, please contact one of the lawyers at Reiff and Bily at 1-800-431-9595 or online at www.reiffandbily.com.

September 5, 2008

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

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 and 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" »

August 21, 2008

USAGE OF CELL PHONE WHILE DRIVING TAKES ANOTHER TEEN’S LIFE

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" »

August 20, 2008

2007 TRAFFIC ANNUAL ASSESSMENT HIGHLIGHTS

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" »

August 19, 2008

CATASTROPHIC UNDERRIDE TRUCK ACCIDENTS A LEADING AND PREVENTABLE CAUSE OF DEATH

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" »

July 29, 2008

Large Truck Accidents – Hidden And Unknown Dangers Of Large Trucking Accidents

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" »