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.

The defective trailer hitch and trucking accident lawyers of Reiff & Bily urge all of our readers to follow safety tips offered in a new Purdue Extension Guide entitled AKeep The Trailer Connected To The Truck; Understanding The Hitch System.

As experienced Pennsylvania defective trailer and truck accident attorneys, we have investigated many claims where people were either catastrophically injured or wrongfully killed due to the negligence of another or a manufacturing or design defect involving a trailer hitch. Unfortunately, many people hitch trailers to cars without having full knowledge of how to properly do the same and therefore, create a risk of harm and danger to other innocent pedestrians or vehicles on the highway. Trucks, receivers, inserts, and balls all have a rating that list the maximum pulling weights with the lowest rated ball and components determining how much can be pulled. For example if a truck, receiver, and insert ratings are 5,000 lbs but the ball can only tow 2,500 lbs, the load should be no more than 2,500 lbs. We have found that many truckers or individuals pull more than the safety load putting strains on the system and causing a failure. Safety chains should also be employed and should be strong enough to hold the trailer if the hitch fails. It is important to confirm that emergency brake cables are functioning and properly connected to the trailer and that the loads are properly placed to minimize stress on the hitch system. In a recent traffic safety presentation to commercial groups, many attendees noted that they experienced a trailer coming loose or detached from a truck. One can only imagine the consequences when this occurs on a busy highway. As an experienced defective trailer hitch attorney who has investigated all too many of these cases, I can tell you that the results are generally tragic, resulting in catastrophic injury or wrongful death.

The defective trailer hitch and trucking accident attorneys of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our skilled defective trailer hitch and trucking accident attorneys have decades of experience representing those catastrophically injured or wrongfully killed due to the negligence of others as well as product defects. We always offer a free, no obligation consultation. Please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

As an experienced Pennsylvania trucking and commercial carrier accident attorney, I have noticed a disturbing trend in the past few years that has also been highlighted by the press resulting in recent governmental inquiries and investigations, namely that many individuals who have been operating trucks and buses have a disturbing history involving traffic accidents and reckless behavior in their past. A recent investigation has noted that the deaths of six people in last Friday’s Amtrak train and truck crash in the Nevada desert involved a truck driver who had a long history of speeding, using a cell phone while driving and causing other injury accidents. The history of his reckless driving also included that he was found to be at fault in a prior freeway crash in 2007 and received many traffic citations earlier as a school bus driver in California. Investigators remain mystified as to why the truck driver failed to stop at a railroad crossing despite the fact that all warning lights and gates were working at the crossing and were easily visible for up to a mile in the flat desert area in Nevada. As a result of the train’s crash with the truck, six individuals died and others were burned and others remain unaccounted for.

The Pennsylvania trucking accident attorneys of Reiff & Bily have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Our thoughts and prayers go out to the victims and their families and we hope that the government and trucking companies do not continue to drag their feet when conducting background checks and investigating those who driver their vehicles and are entrusted to have full knowledge of the laws and regulations governing our roads and highways. I question how an individual with such a prior record could have been hired by this trucking company and join forces calling for a careful analysis and investigation of the factors leading to this accident.

The Pennsylvania railroad accident lawyers of Reiff & Bily and the Beasley Reiff Law Group have together been awarded over $2 billion dollars since 1958 representing the interests of those catastrophically injured or wrongfully killed due to the negligence of others. We always offer a free confidential, no obligation consultation. For more information contact we online at www.reiffandbily.com or toll free at 1-800-421-9595.

Approximately 30 years ago, I represented the family of a working man who was struck by the rear wheels of a tractor trailer while it was making too narrow a turn from one of the narrow streets in Philadelphia to a main roadway. In the process of the turn, the left rear wheels of the tractor trailer came up on the sidewalk and struck and crushed an innocent victim. The truck driver claimed that he never saw the victim. What most pedestrians do not understand is that large trucks have a blind spot in the front and the rear of the vehicle. Crowded city streets pose navigation problems for major trucks particularly in pedestrian crowded areas. Some trucks are outfitted with a convex mirror that will help improve visibility and reduce the risk of pedestrian accidents. However, many trucks still do not have this simple fix which would eliminate the truck driver’s blind spot to allow them to clearly see the pedestrians crossing in front of them and behind the truck.

The U.S. Department of Transportation reported that more than 66% of pedestrians killed by trucks weighing more than 10,000 lbs. were initially impacted in front of the truck many due to this blind spot which would be avoided by the convex mirror.

Recently the legislators of New York state introduced a bill requiring all trucks, trailers, and tractor trailers with a gross weight of over 26,000 lbs. or more to be equipped with crossover convex mirrors when operating in New York City. Believe it or not, the mirror heads themselves only cost $10 to $29 each and assembly kits are $23 to $57 each, a simple fix and an inexpensive cost that would save lives.

If you or a loved one has been involved in a truck related accident, the experienced Pennsylvania truck accident lawyers of Reiff & Bily understand the ins and outs of trucking law and will work 110% to recover financial damages sustained. We have successfully represented over three generations of victims and their families since 1979 and have recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded billions of dollars since 1958. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com. We always offer a free, no obligation consultation.

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 & 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 & 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 & Bily at 1-800-431-9595 or online at www.reiffandbily.com.

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" »

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 & 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" »

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" »

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 & 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" »

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 & 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" »