Philadelphia Injury Attorney Blog

A 20-year old autistic man died of hyperthermia after being left in a hot van for more than 5 hours following a trip to a suburban Philadelphia theme park. The victim, Brian Nevins, was a resident at Woods Services, a Langhorne, PA-based organization that provides support and services to people with severe disabilities.

Middletown Township police say the man was left in the van on the Woods Services campus for five hours after a trip to Sesame Place. A spokeswoman for Woods Services stated that a staff person has been suspended, but the investigation continues.

Our hearts and prayers go out to the family of Brian Nevins who was a vulnerable and defenseless victim.

If you or a loved one has been injured as the result of negligence in an assisted living facility or nursing home, please contact one of our experienced Philadelphia lawyers 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: Catastrophic loss , Nursing Home Abuse/Neglect , Personal Injury

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Our thoughts and prayers go out to the family of 7-year old Emily Midgley who was killed at 7:00 p.m. on Halloween when she was run over while exiting a Halloween hay ride. Unfortunately the experienced defective trailer and Halloween hay ride injury lawyers of Reiff and Bily are all too familiar with these types of tragic incidents.

Recently we were litigating a Halloween hay ride trailer accident case involving a young boy and his mother who were run over during a holiday hay ride. The insurance company representing the hay ride operator attempted to desecrate the mother of our client who was run over, as well as the innocent child himself, despite the fact that the operator of the hay ride was not licensed nor took proper safety precautions.

Unfortunately, many operators view Halloween hay rides as a way to make a quick buck and do not pay proper attention to safety and regulations concerning the riders. The family of Emily Midgley would be well advised to seek the services of an experienced amusement park attorney and defective hay ride attorney to investigate this claim and insure that they recover proper compensation for this tragic loss.

If you or a loved one has been injured as a result of a hay ride accident, please contact one of our experienced hayride injury and defective trailer lawyers 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: Catastrophic loss , Hayride/Trailer Accidents , Personal Injury , Wrongful Death

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Our hearts and prayers go out to the family of 23-year old Mary Katherine Ladany who was struck and killed by a large tree branch while jogging in Fairmount Park in Philadelphia, PA on the evening of August 5th. According to news sources, it appears that Ms. Ladany was listening to her iPod while jogging and may not have heard a 30-foot long branch fall from a tulip tree, also known as Poplar.

In 1980, I handled one of my first significant injury and damage cases involving a decayed tree on a Philadelphia residential property that fell and crushed a center city real estate agent. Cases dealing with the liability of property owners for damages caused by falling trees can be quite complicated. The Restatement 2nd of Torts notes “a possessor of land in an urban area is subject to liability related to persons using a public highway for physical harm resulting from his or her failure to exercise reasonable care to prevent an unreasonable risk of harm arising from a condition of trees on the land near the highway.” The results of the proposition that holds that a land owner or property owner may be liable if he has actual or constructive notice that the tree is in a decayed condition or in fact, there is an alteration to a natural condition that creates a hazard to innocent persons or passersby on adjacent property. In general, the owner of the land located in or adjacent to an urban residential area has a duty of reasonable care to prevent defective trees from posing a hazard and resulting catastrophic injury or wrongful death to others on adjacent land. Therefore, it follows that the possessor or owner of the urban residential land who has actual or constructive notice of the defective tree has an affirmative duty to take corrective action to protect the plaintiff on the adjacent land.

Continue reading "Philly Jogger Killed By Falling Tree Branch - Who May Be Responsible For This Tragedy" »

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

Posted In: Catastrophic loss , Tree fall injury , Wrongful Death

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According to a report filed by The Consumer Product Safety Commission, more than 440 wrongful death and personal injury lawsuits are pending against Yamaha. They further report that Yamaha has settled many other cases. Most of the Yamaha Rhino rollover stem from rollovers in which drivers or passengers were flung through the open door space to the ground and smashed by an 11,000 pound vehicle.

On March 31, 2009. under pressure from The Consumer Products Safety Commission, Yamaha announced a “free repair program” to improve the Rhino’s handling and stability - seemingly a recall in everything but name. Reports revealed that Yamaha began investigating the use of leg protection on the Rhino by early 2006 but did not offer the half doors until August 2007 and a retrofit offer covered 2004 to 2007 Rhinos. Doors are now standard on the 2008 model. In deposition testimony, senior Yamaha engineers stated that they had considered using doors in the first place - then gave a surprising explanation for deciding not to. Doors would create such a feeling of safety, they said, that riders might not wear helmets or seat belts. In a deposition in May 2008, Takanori Suzuki, formerly a project leader for the Rhino, stated even now the only reason to include doors is that “occupants are intentionally sticking their legs out in situations involving aggressive driving and abrupt maneuvers”.

Continue reading "Yamaha Rhino Rollovers Continue to Kill Many Innocent Riders " »

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

Posted In: ATV/Yamaha Rhino Rollover , Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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According to sources and news reports, the Philadelphia V.A. Medical Center gave incorrect radiation doses to 92 veterans treating for prostate cancer during a six year period at the Veterans Affairs Medical Center in Philadelphia. The incorrect cancer treatment cases involve brachytherapy which involves implantation of radioactive seeds used to kill cancer cells. Most of the veterans received significantly less of the prescribed dose while others received excessive radiation to nearby tissues and organs causing catastrophic injuries or wrongful death. The New York Times characterized the Center as “a rogue cancer unit “.

The Philadelphia Inquirer noted that treatment errors occurred in 92 out of 114 cases. The Philadelphia V.A. Medical Center has taken all steps to prevent the terrible incidents of medical malpractice from occurring again.

Our hearts and thoughts go out to the unfortunate victims of medical malpractice and negligence that occurred at the Philadelphia V.A. Medical Center. The victims and their families would be well informed to seek the services of an experienced medical malpractice lawyer to investigate and evaluate their claims.

Reiff and Bily are experienced Philadelphia medical malpractice lawyers who offer a no-obligation, free consultation concerning victims rights and potential remedies. Please feel free to call us at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Catastrophic loss , Medical Malpractice , Wrongful Death

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On June 16, 2009, the Food and Drug Administration told the manufacturers of one of the country’s most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last 10 years, approximately 130 consumers have filed complaints stating that they permanently lost their sense of smell after using Zicam.

The manufacturers of Zicam, Matrixx Initiatives, has suspended shipments of the products and they claim that the warning is not supported by scientific evidence and is asking the FDA for review. According to the New York Times, the company paid $12 million dollars to settle 340 lawsuits from Zicam users who claim that their product destroyed their sense of smell in 2006 and hundreds more lawsuits have been filed.

The Los Angeles Times reported that the company will be required to receive FDA approval if it wants to market the products in the future. The L.A. Times also reported that the company may have received 800 reports “of anosmia... associated with the use of the products from doctors and consumers, but has failed to report such reports to the FDA.

If you or a loved one has been using Zicam and have experienced any medical problems or have lost your sense of smell, you would be well advised to seek the services of an experienced medical malpractice or products liability lawyer to evaluate your condition and explore your legal options. Reiff and Bily are experienced product liability lawyers who are committed to promoting consumer safety. For a free no obligation consultation, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Burns , Catastrophic loss , Medical Malpractice , Personal Injury , Product Liability , Wrongful Death

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It is an unfortunate fact that as the summer season comes, so do water and pool-related injuries and deaths. Approximately 10 water-related deaths per day are related to drowning. Additionally, 700 people die each year in boating-related accidents. According to the CDC more than 1 in 4 fatal drowning victims are children aged 14 and younger. For every child who drowns, another 4 receive emergency treatment for non-fatal submersion and brain injury. Non-fatal drownings often cause brain damage resulting in long-term disabilities including memory problems, learning disabilities and a permanent loss of basic functioning. The CDC determined that the major risk factors for swimming pool accidents and/or drowning are lack of barriers and supervision. Almost all young children who drown in pools were last since in the home, had been out of sight less than 5 minutes and were in the care of one or both parents at the time. All pools should have pool fencing which can help prevent children from getting access to the pool area without care giver awareness. With adult or adolescent deaths there is generally a ratio of alcohol use with a drowning or pool injury. Alcohol influences balance, coordination and judgment and its effects are often heightened by sun exposure and heat.

The experienced Philadelphia swimming pool accident and injury lawyers of Reiff and Bily recommend that you take the following steps to help prevent pool or water related drowning or injuries.

1. Designate a responsible adult to watch young children while swimming or playing in or around water. Adults should not be involved in any other distracting activity such as reading, playing cards, talking on the phone or mowing the lawn while supervising children.

2. Always swim with a buddy.

Continue reading "Protect The Ones You Love From Drowning" »

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

Posted In: Brain Injury , Catastrophic loss , Personal Injury , Premises liability , Swimming Pool and Hot Tub Accidents , Wrongful Death

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Last month, two women were raped and assaulted in a prominent Boston hotel and additionally, two women were tied up in another New England hotel by an assailant dubbed “The Craiglist Killer”. A USA Today story reported an experienced hotel manager of a Northbrook Illinois hotel was followed into a room by a man and was tied up and choked.
With the downturn in the economy and the recession also comes increased security concerns at a hotel. A greater likelihood of more criminal activity. According to a story published in USA Today, Philip Farina, CEO of Enterprising Securities, a San Antonio company that links security programs for hotels, notes “We are absolutely seeing an increase in crimes at hotels”. Farina also notes that hard economic times are especially driving up incidents of theft including the amount perpetrated by hotel staff. Not so surprisingly, as hotels attempt to stay profitable they are cutting back on necessary security.

The experienced Philadelphia hotel security and inadequate security law firm of Reiff and Bily has been handling hotel assault cases and premise liability assault cases involving hotels since 1979. We believe and the law recognizes that the safety and privacy of hotel/motel resort and cruise ship guests should be the top priority for all owners and operators of the hospitality industry; however, this is often not the case.

Continue reading "Hotel Crime and Security Concerns An Increasing Issue In Recession" »

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

Posted In: Catastrophic loss , Inadequate Security , Negligence , Personal Injury , Premises liability

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According to news sources, a two year old boy was struck and killed by a roller coaster as he slipped away from his parents and ran onto the tracks in an amusement park in London. An official affiliated with the amusement park stated “There would have been a barrier surrounding the roller coaster but he must have found a way around it.” I have written on a number of occasions that amusement parks and carnivals are a child’s playground and a favorite for families but an often unknowingly dangerous form of entertainment for families and young people. I personally have experienced and witnessed a few catastrophic amusement park accidents and had a close call with my own family when two people were killed as a result of an amusement malfunction in Ocean City, Maryland once again on a kiddie roller coaster.

Amusement parks and carnivals operate under a serious loophole in the Consumer Product Safety Act of 1981 prohibiting the CPSC from regulating the safety of rides fixed to a specific site. Unfortunately, regulation and inspection of “fixed site” amusement rides are left up to state or local municipalities and as a result every site varies from good to none and there is no official source who keeps an official record of amusement park accidents.

Accident data for most amusement parks is a well guarded secret and we only hear about the catastrophic incidences. The amusement park industry is highly unregulated and there is not a uniform system for reporting injuries, creating a serious danger when amusement parks police their own accidents. Many times, innocent customers and consumers are left in the dark about which amusement park is safe to visit and which rides are safe for their families, creating real dangers for families and their precious children. Unfortunately with the downturn of the economy, many parks have cut corners on safety and no longer staff the load and unload positions of rides and leave maintenance and supervision many times to high school and college students working on a temporary basis who are entrusted to operate these rides with minimal training. Many times amusement park personnel, including operators, are not paying attention to the precious cargo on the ride.

Continue reading "Roller Coaster Killing Illustrates Amusement Park Dangers" »

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

Posted In: Amusement Parks , Catastrophic loss , Negligence , Personal Injury , Premises liability , Wrongful Death

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According to a report released by the administrative office of Pennsylvania court system, there was a 54% decrease in filing medical malpractice claims in Philadelphia in 2008. The abrupt decline in medical malpractice cases throughout Pennsylvania first occurred in 2003 when the Pennsylvania Supreme Court adopted procedural changes to reduce malpractice cases. Now all medical malpractice cases must be filed in the county where medical treatment occurred and must be certified by a medical expert. An attorney must obtain a certificate of merit from a medical professional to establish that the case fell below medical standards before bringing a lawsuit to court.

The experienced Philadelphia medical malpractice lawyers at Reiff and Bily still maintain that egregious medical malpractice cases can still be tried or settled with much success. An experienced medical malpractice attorney should determine at the outset whether or not liability is clear and damages are serious enough to warrant successful prosecution. Surprisingly, although the medical community has argued about excessive insurance rates, and despite a decline in the number of cases filed, Pennsylvania still remains one of the most costly states in the country to secure medical malpractice insurance for a physician. Doctors have long protested that high premiums for medical malpractice insurance will reduce the amount of business and limit plaintiff’s access to care. This lawyer is of the opinion that much of the medical malpractice “crisis” was based on selective misinformation and scare tactics utilized by the insurance industry who still continue to profit when physicians pay significant premiums unrelated to the realities of the situation.

Continue reading "The Amount of Medical Malpractice Claims Filed In Pennsylvania And Philadelphia Drops Noticeably - Philadelphia Medical Malpractice Lawyer Weighs In" »

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

Posted In: Catastrophic loss , Medical Malpractice , Personal Injury , Wrongful Death

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According to news sources, a small amusement type train carrying visitors to the Louisville Zoo fell off the tracks Monday June 1, 2009 sending 22 people to local hospitals, including one child who was critically injured. According to news sources, a small engine was pulling a train that circled the Louisville Zoo when three cars and the engine fell off the rails near the gorilla exhibit. The ages of the injured passengers were from 2 months old to senior citizens. Obviously, amusement parks and zoos are a great place for families and kids to unwind and be entertained. As the unfortunate accident at the Louisville Zoo indicates, even the most innocent looking amusement rides can be dangerous and lead to catastrophic injury and fatalities if they are not operated or maintained in a proper fashion.

One likes to assume that every amusement ride or zoo ride is safe. However, in actuality this is often far from the case. The experienced amusement park injury and accident lawyers at Reiff and Bily find that in most cases where injuries or fatalities occur on an amusement ride there is generally improper maintenance or inadequate supervision. The victims who were injured by this derailment at the Louisville Zoo may have claims not only against the operators of the ride who may have failed to properly maintain or supervise the ride but also potentially against the manufacturer of the ride for making an allegedly defective and dangerous product. The injured victims would be well advised to retain the services of a reputable amusement park accident attorney who has experience dealing with amusement park and product liability injury cases.

If you or a loved one has been injured as the result of an amusement park accident, please contact one of our experienced amusement park accident attorneys at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Amusement Parks , Catastrophic loss , Personal Injury , Wrongful Death

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The experienced Philadelphia motorcycle accident attorneys of Reiff and Bily call your attention to a fact that all too often goes unnoticed by all too many motorcycle riders. Motorcycle tires, like any other tire, deteriorates over time. Environmental factors such as heat, ultraviolet light, oxygen and other factors cause tires to harden as they get older. Many times cracks develop. Older and harder tires also may not conform to the road as well as a newer, softer tire and this affects the traction or grip creating a dangerous situation particularly on slick or wet highways.

A condition known as dry rot in the tires generally occurs with older tires and bikes that have been left outdoors in the elements and not used or covered during extended periods of storage. Though motorcycle tires are relatively expensive, it doesn’t take a genius to figure out that they are the most critically important element to safety on a motorcycle. As motorcycle season gets into full swing, it is important to have your tires examined or inspected by a qualified mechanic or expert. It is also important to perform your own self inspection regarding the tread. If your tread is less than one milimeter deep, the tires should be replaced. If your tire is bald or has minimal tread, there is a good chance that trouble lies ahead when you are operating on a slick highway or executing a turn or accident avoidance maneuver. It is also important that the tires of your motorcycle be properly inflated and not overloaded as it increases the risk of tire failure which most likely will result in serious and catastrophic personal injury or fatality, not to mention property damage. Many times a tire failure is noticeable to the rider of the motorcycle by a vibration, bump or irregular wear. If you find yourself driving on a motorcycle that has a blowout or sudden tire failure, experts recommend that you slowly decrease the amount of throttle, hold the handlebars firm and steer to maintain your lane position. Gently apply your brakes and pull over to a spot where you can safely stop the motorcycle. It is always important to follow the tire manufacturer and motorcycle manufacturer’s recommended air pressure and maintenance and inspection schedule for both motorcycle tires. As an experienced motorcycle rider, I check my pressure before every motorcycle ride.

Continue reading "Microscopic Cracks In Motorcycle Tires - A Hidden But Well Known Cause Of Tire Failure Often Resulting in Catastrophic Injuries" »

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

Posted In: Catastrophic loss , Personal Injury , Wrongful Death , motorcycle accidents

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In 2008, over 300,000,000 people visited United States Amusement Parks and Water Slide Parks and it is estimated that they enjoyed over 1.8 billion rides. An informal fixed site amusement ride injury survey estimated that there were 1,309 ride-related injuries in 2007 with only 35 of these injuries reported as serious. While the amusement park and attraction industry is in the business of creating fun, unfortunately the accuracy of reporting ride injury statistics is debatable. The Consumer Product Safety Commission estimates that over 5,000 serious accidents occur at fixed amusement park facilities. It is important to note that the ability to gather accurate information regarding amusement park injuries is seriously hampered by a loophole in the Consumer Product Safety Act of 1981 known as the “roller coaster loophole”. This loophole prohibits the CPSC from regulating the safety of rides that are fixed to a specific site. Although multiple attempts have been made to introduce legislation regarding amusement park safety on amusement park rides, they have failed to become law. The majority of regulation and inspection of amusement rides is left up to state or local municipalities and therefore, the reality of this situation is that the oversight varies from good to none. Due to the seriousness of the lack of regulation and lack of legislation with “teeth”, many theme parks unfortunately present hidden dangers to unsuspecting visitors.

At the experienced Philadelphia personal injury amusement park accident law firm of Reiff and Bily, we understand that families and children enjoy visiting amusement parks and hope that each one of the owners and operators of these amusement parks takes all steps necessary to protect their guests from any undue risk or negligence to make sure that their visit is safe. When Injuries happen at amusement parks many conflicts and complexities of law arise requiring experience and technical expertise. There is most likely a combination of common negligence, product liability, and premise liability law to be explored and prosecuted against the wrongdoer by an experienced amusement park accident lawyer.

Continue reading "Amusement Park and Water Park Safety Should Be A Top Priority" »

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

Posted In: Amusement Parks , Catastrophic loss , Personal Injury , Wrongful Death

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On Monday, May 3, 2009 the Atlanta Journal Constitution featured an article noting that medical mistakes create unhappy realities. In the article, the following mistakes were highlighted: A surgical team at Northside Hospital was supposed to remove one of the patient’s breasts; however, performed a double mastectomy because of a mistake. At an Atlanta medical center, a surgeon drilled on the wrong side of a patient’s head before discovering the error. It also noted that at several Georgia Hospital’s doctors circumcised the wrong baby and doctors mistakenly operated on the wrong hand, knee, hip, leg and other body parts.

At the Philadelphia medical malpractice law firm of Reiff and Bily, we have noted that despite protocols and initiatives by a number of medical groups, we receive many calls to investigate and prosecute claims for wrong site surgeries, surgical sponges left inside individuals, as well as removal of body parts that were not intended to be removed. We have seen many cases where the doctor simply admits to the patient that he made an error but in many cases we see medical “cover-ups”. How often these incidences occur in hospitals in Pennsylvania and hospitals throughout the country is a well kept secret.

Last year there were 76 reports of wrong site incidences filed with statewide watchdogs in Pennsylvania. To the credit of the Commonwealth of Pennsylvania and as a result of the efforts of trial lawyers, an organization was formed focusing, collecting, analyzing and informing the public about patient safety issues. They suggested that patients take an active role to prevent medical errors and some tips to protect yourself are as follows:

1. Talk with doctors - Make sure you, your doctor and surgeon agree on what is to be done.

2. Read paperwork - When signing consent forms and working with schedulers make sure that they all have the correct information about the surgery, including which side is to be operated on.

Continue reading "Doctors Make Mistakes Increasingly Resulting In Unhappy Reality For Patients" »

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

Posted In: Catastrophic loss , Medical Malpractice , Misdiagnosis , Negligence , Personal Injury , Wrongful Death

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It is not uncommon for the experienced Philadelphia medical malpractice lawyers at Reiff and Bily to receive inquiries from victims of medical and hospital errors ranging from infection to leaving surgical instruments inside a patient which were easily preventable medical errors if proper checks and balances were followed. Worse yet, hospitals and doctors continue to bill and charge patients for the cost of treating these medical mistakes.

Presently, a bill has cleared the New Jersey State Senate and has been forwarded to the assembly which would prevent hospitals from charging anyone for serious medical errors. This legislation would also require states to make public individual hospital errors while currently hospitals are only required to report preventable life-threatening mistakes and the state only releases total numbers and not for individual hospitals. Under the current bill, the state would have to publish how often certain errors occur at each hospital. While the field of medicine is never without mistakes, it is important to increase transparency and require hospitals and physicians to assume the costs of preventable errors. According to statistics, 98,000 Americans die every year from preventable medical mistakes, which is almost 2,000 people per week.

Continue reading "Who Pays For Preventable Medical Errors" »

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

Posted In: Catastrophic loss , Medical Malpractice , Wrongful Death

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Philadelphia bicycle accident lawyers at Reiff and Bily want to remind all of our clients and readers that the Central Bucks Bicycle Club invites them to participate in the Ride of Silence Bike Rally starting at 6:30 p.m. on May 20, 2009 at Central Bucks West High School, 375 West Court Street, Doylestown, PA. This is a worldwide event determined to not only raise awareness of bicycle safety but also to demonstrate a public display of mourning in funeral procession style for the cyclists who have been killed in collisions with motor vehicles. Last year, The Ride of Silence events were held in more than 300 locations throughout the United States and 18 countries.

Bicycle ridership is on the upswing in the United States and particularly in Philadelphia and so are the serious injuries and fatalities. Each year fatalities result from bike rides due to the fact that many motorists are simply not paying attention and more importantly, many motorists do not possess adequate insurance to protect the rider in the event of a catastrophic injury. Most bike accidents are severe if not fatal.

The experienced bicycle accident law firm of Reiff and Bily has had extensive experience working with bicycle accident cases and assist injured bikers in assessing and protecting their legal rights. We strongly urge all of our bicyclists, readers and clients to participate in this no fee event on May 20, 2009 which will be a silent slow pace 6 mile ride through the Borough of Doylestown escorted by the Doylestown Police Department.

For more information on this event, please contact the Central Bucks County Bicycle Club or the experienced Philadelphia bicycle accident law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Bicycle accidents , Catastrophic loss , Personal Injury , Wrongful Death

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In Philadelphia, spring is upon us and so is the increase of motorcycle ridership on our streets and highways. Like clockwork every spring, the experienced Philadelphia motorcycle accident law firm of Reiff and Bily receives phone calls from motorcyclists who are seriously injured and unfortunately, from the families of some individuals who were killed as a result of a motorcycle accident.

Statistics reveal that motorcyclists are about 16 times more likely than those in passenger vehicles to die in a motor vehicle crash and about 3 to 4 times as likely to be injured. This morning I had the occasion to meet with a client who was driving his motorcycle rightfully down a street in Philadelphia when another vehicle negligently ran a stop sign and crashed into him causing a catastrophic injury. Yesterday, I was made aware of another situation involving the death of a motorcyclist who had only been on a motorcycle a few times.

Many factors contribute to motorcycle crashes and one of the most common factors can be operator inexperience and the operator’s failure to appreciate the limitations of the bike. Statistics reveal that over 1/3 of multi-vehicle motorcycle crashes result from another motorist turning into the path of the motorcycle. Recently, Pennsylvania Governor Ed Rendell signed a bill repealing the state’s motorcycle helmet law. Senate Bill 259 repeals a helmet law for riders over age 21 with two years of riding experience or a rider education course while riders under age 21 are still required to wear a motorcycle helmet. Motorcycle helmet laws are highly political and hot topics of debate throughout the United States and Pennsylvania emergency physicians and hospitals have asked the State Legislature to reenact the state’s mandatory motorcycle helmet law.

Continue reading "Motorcycle Drivers Beware Of How Awful People Drive Everyday" »

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

Posted In: Catastrophic loss , Personal Injury , Wrongful Death , motorcycle accidents

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As a Philadelphia bicycle accident attorney and an active bicyclist for the last 45 years, I have been the victim of quite a few bike accidents and have represented many individuals who have been catastrophically injured as the result of a bicycle accident. Every year, injuries and fatalities from bike rides increase due to the fact that many motorists are not paying attention.

For many years when I rode my bike I never wore a helmet, enjoying the freedom. However, every year approximately 135 children die from bicycle-related injuries and more than 267,000 non-fatal bicycle accidents occur. It is a well known statistic that helmets can reduce the risk of head trauma and severe brain injury by 88%. However, studies indicate that only 15 to 25% of children 14 and under wear a bicycle helmet. Many states and municipalities are now requiring all bicycle riders to wear helmets at all times when riding a bicycle.

When selecting a helmet, one should purchase one that meets standards set by the United States Consumer Product Safety Commission. I suggest purchasing a helmet from a store specializing in bikes who understand that safety comes first. Of course, a helmet is of no great value unless it is properly fitted and put on correctly. Straps must always be buckled and the helmet should be positioned correctly on the head. For more information about bicycle safety, call 937-641-3385 or visit www.usa.safekids.org.

Continue reading "Bicycle Season Is In Full Swing - Make Sure You Wear A Helmet" »

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

Posted In: Bicycle accidents , Brain Injury , Catastrophic loss , Personal Injury

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Philadelphia product liability lawyers of Reiff and Bily inform our clients and readers that the U. S. Consumer Product Safety Commission reported on May 5, 2009 that Jardine Enterprises is recalling cribs. The cribs are being recalled due to a potential strangulation hazard. U.S. Consumer Product Safety Commission provided “The wooden slats can break, creating a gap, which can pose an entrapment and strangulation hazard to infants and toddlers”.

This is the third recall that Jardine Enterprises has announced for its wooden cribs. The second recall came early this year in January of 2009 in which three potential models of the crib were cited as being a child safety hazard due the potential for strangulation. The U.S. Consumer and Product Safety Commission has requested that consumers stop using the cribs immediately and contact Jardine Enterprises to obtain instructions on how to receive full credit towards the purchase of a new crib.

The Philadelphia product liability law firm of Reiff and Bily has been representing clients in Pennsylvania who were harmed by defective products. Consumers have the right to expect that the products they purchase are safe for use or consumption. Faulty or dangerous products such as those recalled can cause serious injuries or kill innocent victims.

If you or a loved one was injured by a defective product, Reiff and Bily can investigate what caused your injuries and which parties were responsible under Pennsylvania law. Call the experienced product liability lawyers at Reiff and Bily at 1-800-421-9595 or contact us online at www.reiffandbily.com to schedule a free consultation with one of our experienced defective product lawyers.

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

Posted In: Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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The Philadelphia catastrophic personal injury law firm of Reiff And Bily is pleased to announce that Andrew A. Solomon has recently joined our firm. Mr. Solomon has extensive experience representing plaintiffs in complex medical/professional negligence, products liability, civil rights and complex personal injury matters throughout the Commonwealth of Pennsylvania since 1976. His practice has associated him with Marshall Bernstein, Esquire, Lawrence Evans Grant, Esquire, Thomas B. Rutter, Esquire, Andrew E. DiPiero, Esquire, John Dodig, Past President of The Philadelphia Trial Lawyers Association.

Mr. Solomon has tried numerous complex personal injury cases to significant verdict.

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

Posted In: Catastrophic loss , Medical Malpractice , 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.

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

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

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A young man and his sister were playing at a playground inside a Burger King Restaurant in August 2005 when the young boy fell injuring his lungs and sustained a traumatic brain injury and closed head trauma. The playground structure at Burger King included a fireman’s pole and monkey bars and had no rubber matting beneath it, just tile. Not so surprisingly, the defendant’s allegedly claimed that the responsibility for watching the children was with the father; however, the father and his family maintained in the lawsuit that there is an expectation of safety inherent in these types of situations. Furthermore, they alleged that warning signs were not posted at the particular restaurant where the young man fell even though other restaurants in the Burger King chain had posted warning signs. Injuries to the young man resulted in hospitalization for four months and today he is still undergoing rehabilitation for significant brain damage.

When an individual enters a restaurant such as Burger King or any other business for that matter, the owner and operator of that premises owes you the highest duty of care. In Pennsylvania, a person harmed by an unsafe condition on another’s property may have a case for monetary compensation. Premises liability accidents such as this often produce catastrophic and extremely painful injuries such as spinal cord damage, broken bones, dislocated joints, as well as traumatic brain injuries. Another common premise liability claim also involves inadequate security or failure to warn of a dangerous condition or defect.

The premises liability lawyers at Reiff and Bily are committed to protecting the rights of individuals injured when on the premises of another. Reiff and Bily provides free online evaluation for all premise liability claims. You may contact us for a free no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com. We are also involved with swimming accidents, casino accidents, hotel accidents and cruise line accidents.

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Posted In: Catastrophic loss , Personal Injury , Premises liability , playground accidents

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The Philadelphia SUV rollover and 15-passenger van rollover lawyers of Reiff and Bily have been blogging for months about the unsafe qualities of the Yamaha Rhino. The Yamaha Rhino has been prone to rollover from the first day it was sold.

We have learned today that the Consumer Product Safety Commission and Yamaha has finally issued a recall for thousands of Rhino 450 and 660 off-road vehicles. Yamaha has stopped selling the vehicles until they can repair them and has officially informed owners that they should stop using them until they can be repaired. The CPSC has investigated more than 50 incidents, including 46 deaths, involving the two models in rollover unbelted incidents. We have consistently stated that the Yamaha Rhino is one of the most dangerous vehicles manufactured and in use. We are grateful that the probe by the Consumer Products Safety Commission resulted in this definitive action which will hopefully save many more lives and avoid many more catastrophic injuries. We are well aware of many accidents which indicated that the design of the Yamaha Rhino poses a substantial risk of injury and death to unknowing consumers. According to many complaints filed and expert opinions, the Yamaha Rhino is prone to rollover even while operating on slow speeds and flat surfaces due to its high center of gravity and narrow wheel base combined with powerful engine and small turning radius.

The Philadelphia product liability lawyers at Reiff and Bily has achieved a national reputation in the area of product liability and rollover accidents and in recognition of their accomplishments, Jeffrey Reiff and Raymond Bily have been named Superlawyers for six consecutive years by Law and Politics Magazine and Philadelphia Magazine. If you have any questions or concerns regarding a Yamaha Rhino rollover, you can contact an experienced Philadelphia rollover attorney at Reiff and Bily by calling toll free at 1-800-421-9595 or by submitting the firm’s online free case consultation form at www.reiffandbily.com.

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

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

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A recent recall notes that approximately 29,000 baby necessities pacifiers manufactured in China and imported by OKK Trading of Los Angeles, California has been recalled because they failed Federal safety tests. The nipples can separate from the base and pose a choking hazard to infants. Although no incidents have been reported, these pacifiers which sold at dollar and discount stores around the United States between August 2007 and January 2009. More details are available by phone at 877-655-8697 and on the web at http://www.okktrading.com or http://www.cpsc.gov.

If you or a loved one has been injured due to a defective product, please contact the Philadelphia product liability lawyers at the law firm of Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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The Pennsylvania product liability lawyers at Reiff and Bily alert you in conjunction with the United States Consumer Products Safety Commission in cooperation with Fisher-Price that a voluntary recall has been made of 3-in-1 high chairs manufactured by Fisher-Price. The product is 3-in-1 highchairs. Approximately 24,000 units are involved in the recall. The importer is Fisher-Price of East Aurora, New York. The noted hazard is that the seat can fall backwards from the highchair frame if the booster seat release is unlatched while the child is in the product. Also, the seat back can detach if not fully snapped in place posing a fall hazard and risk to young children. Reports of seat back detachment and child falling out resulted in a skull fracture according to sources. This product was sold exclusively at Target department stores nationwide from December 8, 2008 through March, 2009 for approximately $100. Consumers should stop using the recalled high chairs immediately and contact Fisher-Price for instructions and a free repair kit at 1-800-432-5437 anytime or visit the firm’s Web site at http://service.mattel.com/us.

If you or a loved one has been injured as a result of a defective product, please contact one of our Philadelphia product liability lawyers at the law firm of Reiff and Bily for a free evaluation of your case at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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The experienced amusement park lawyers of the Philadelphia law firm of Reiff and Bily are all too familiar with carnival, midway and amusement park accidents. A report was recently released concerning the serious injuries of dozens of people caused when a “Yo-Yo” amusement collapsed at a California state fair. The owner of the amusement was labeled in the report as “incompetent”.

The report noted that the carnival ride was “in a physical state of disrepair; this attraction had not been properly maintained.” According to news reports, the accident occurred because of the failure of a lock washer. The report further noted that sweeps of the Yo-Yo collapsed because of a spider bearing assembly slipping off of a cylinder ride thus losing the power to pull the sweeps top end. The chairs the riders were sitting in plummeted to the ground and were dragged. The report blasted the owner of the amusement for failure to insure that the ride was safe to operate and also noted that the owner of the ride did not have all of the required inspection certifications and documents in place to insure its safe operation.

Unfortunately, as the economy continues to worsen, we have found that many theme parks, carnivals and midways have cut corners on safety. Many times ride operators do not pay attention to the precious cargo on the ride.

The accomplished Philadelphia amusement park accident attorneys at Reiff and Bily have successfully represented thousands of personal injury clients for catastrophic injuries since 1979. If you have been injured in an amusement park accident, please contact the experienced catastrophic injury lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com so that we can begin investigating and protecting your rights.

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

Posted In: Amusement Parks , Catastrophic loss , Wrongful Death

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How many of you remember looking forward to going to the supermarket or shopping at the mall with your Mom and Dad and getting on the horse ride or car ride which in my day was 10 cents but probably now a dollar as I have watched prices escalate for a sheer three minutes of pleasure.

Unfortunately a recent story surfaced which noted a 12-month old boy struck his head riding an electric train amusement ride at a shopping center. Paramedics were called and when they arrived they found the mother hysterical carrying her unconscious toddler. CPR was performed according to news sources and the child was air lifted to the hospital.

Although this was a train ride evidently designed to amuse children and bring people to the mall and although inspectors may find that the train ride was mechanically and structurally sound and is in compliance with local standards, parents and the operators of these rides recognize that there should be minimum supervisory and physical requirements that are mandatory for safety reasons. These rides are designed to provide amusement thrills and not to cause errors but accidents still happen under the best of circumstances.

Unfortunately, many amusement rides which look safe are unknowingly dangerous forms of entertainment for families and young people. I have written in my blogs in the past about numerous amusement park and carnival accidents and serious loopholes that exist in the Consumer Product Safety Act of 1981 regulating the safety of rides fixed to a specific site. There is no official source which keeps a complete record of amusement park accidents.

The accomplished amusement park injury lawyers at Reiff and Bily have successfully represented personal injury clients for catastrophic injuries since 1979 recovering hundreds of millions of dollars in damages. If you or a loved one has been injured in an amusement park or on a hayride, please contact the amusement park injury lawyers at Reiff and Bily immediately at 1-800-421-9595 so that we can commence an intensive examination of your claim and begin protecting your legal rights to the maximum of our abilities.

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

Posted In: Amusement Parks , Catastrophic loss , Personal Injury , Wrongful Death

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The Philadelphia defective truck and trailer accident lawyers of Reiff and Bily have unfortunately become aware of another situation involving the wrongful death of a 34-year old woman on Wednesday, March 11, 2009. The case not so dissimilar from many others, the woman was pinned between a car and a trailer that had detached from a moving van resulting in blunt force trauma to her chest and abdomen resulting in fatality.

This unfortunate fatal result occurred in the initial stages of a family vacation where the woman, her husband and two children were planning to travel to Florida in a van that was towing a trailer which ultimately became detached and caused her death.

We have noted many times on our blog every week in the United States there are 418 injuries, 8 deaths and 775 incidents of property damage caused by passenger vehicles towing trailers. According to The National Highway Transportation and Safety Administration. The Consumer Product Safety Commission has estimated the number of serious injuries has risen dramatically involving the use of defective trailers.

If you or a family member has suffered an injury as a result of a defective truck or trailer accident, there are some important questions that you and your attorney will have to explore in order to determine if you have a case and who is responsible. We have an experienced team of investigators, experts and reconstructionists who will determine how the accident occurred and who is liable. You may be entitled to compensatory and punitive damages.

The accomplished defective trailer and car accident lawyers at Reiff and Bily have successfully represented thousands of personal injury clients for catastrophic injuries and fatalities since 1979 and have recovered in excess of $150 million dollars in damages. For a free consultation, please contact the experienced truck and defective trailer lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com immediately for a free consultation so that we can begin protecting your legal rights.

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

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

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A recent study by Johns Hopkins Medical Institutions has indicated that diagnostic misadventures represent a much larger source of preventable health problems and deaths than many of the more popular targets. If fact, David Newman-Toker, M.D., Ph.D. and Peter Pronovost, M.D., Ph.D. reported that misdiagnosis accounts for an estimated 40,000 to 80,000 deaths per year and that legal claims for diagnostic errors defined as diagnoses that are missed, wrong or delayed are nearly twice as common as claims for medication errors. (news article)

Placing the focus on reducing diagnostic errors will emphasize the reduction of larger "system" failures that affect medical practices overall. What this means is that increased focus will move away from the model that chastises the malpractice for individual physicians to one that focuses on improving the medical system as a whole which should in the long run improve diagnostic accuracy, as well as the cost effectiveness of care.

The Philadelphia medical malpractice law firm of Reiff and Bily believe that a systematic approach and solutions adopted by hospitals and doctors requiring physicians to follow a procedural check list that emphasizes proper diagnosis will result in a decrease of catastrophic injuries and deaths.

Continue reading "Philadelphia Medical Malpractice Lawyer Notes That The New Focus Of Patient Safety Experts Is On Diagnostic Errors" »

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

Posted In: Catastrophic loss , Medical Malpractice , Misdiagnosis

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According to a report in the Green Bay Press Gazette, a wrongful death lawsuit filed by the family of a 16-year old girl who fell 50 feet to her death in a 2007 amusement park swing accident was settled for $1 million dollars the maximum amount of policy limits.

It is also sad to note and report that Brandon Zucker, a young boy who was badly hurt in a “Roger Rabbit” amusement accident in Disneyland died January 26, 2009. According to news sources, Brandon Zucker, an Anaheim, California boy, suffered brain damage after being trapped under the car of a Disneyland Park ride in September 2000. At age 4, the young boy was badly injured when he fell from a Roger Rabbit Disneyland ride and was dragged about 10 feet, trapped underneath another car and suffered serious internal injuries including torn diaphragm, liver and spleen. The boy’s body was crushed by the ride, and he went into cardiac arrest suffering brain damage and was unable to walk or talk after the accident. Brandon’s mother, Victoria Zucker, stated that Brandon fought hard for the past 8 years. Our hearts and prayers go out to Brandon’s family.

Continue reading "Amusement Park Settles Wrongful Death Lawsuit In 2007 Death of A Girl Who Fell 50 Feet To Her Death At An Amusement Park Swing Chair Accident - Young Man Injured On Roger Rabbit Amusement Dies" »

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

Posted In: Amusement Parks , Catastrophic loss , 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" »

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

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

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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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The Erie Metropolitan Transit Authority has agreed to pay $500,000 to settle a lawsuit filed against the Pennsylvania agency and the bus driver over an accident that killed an Erie surgeon in 2005. The 36 year old surgeon, David Sanders, was riding his bicycle when the bus collided with him. He was pronounced dead at the scene. This bus was making a left hand turn at the time of the accident. There is no question that this is a huge tragedy for Dr. Sanders’ family and friends and the local community and we offer our heartfelt sympathies to everyone who knew and loved him. (news article)

Bicycle ridership is on the upswing in Pennsylvania and so are the injuries and fatalities. The Philadelphia bicycle accident and catastrophic injury lawyers at the Philadelphia personal injury law firm of Reiff and Bily have been successfully representing injured bicyclists since 1979. Approximately 11% of all traffic fatalities involve bicycles. I have worked hard as a Philadelphia bicycle accident attorney for the past 30 years to help injured cyclists and the families of cyclists who have been died as the result of the negligence of other drivers. As more and more individuals turn to bicycles as a viable means of transportation, as well as to relieve the stress of our increasingly complicated society, bicycle accidents will no doubt continuously be on the rise.

The Philadelphia bicycle accident law firm of Reiff and Bily has extensive experience working with bicycle accident cases and can assist you in assessing and protecting your legal rights. If you or a loved one has been involved in a bicycle accident and need advice of your legal rights and you are not at fault, please contact one of the experienced lawyers at the Philadelphia bicycle accident and personal injury law firm of Reiff and Bily. We will fully evaluate liability fault, legal compensation for pain and suffering, medical compensation and make sure that you are fully compensated for your injuries.

Bicycles share the same laws as motor vehicle and motor vehicle operators owe a duty to be attentive to bicycle riders. If you are in need of legal advice or services and wish to speak to an experienced Philadelphia bicycle accident attorney, please contact one of our experienced lawyers at the Philadelphia catastrophic injury firm of Reiff and Bily for a no cost, no obligation case evaluation and pre-litigation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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

Posted In: Bicycle accidents , Catastrophic loss , Personal Injury , Wrongful Death

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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.

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

Posted In: Catastrophic loss , Large Truck Accidents , Personal Injury , Wrongful Death

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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" »

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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Government Investigates "Rhino Rollover” Virus

Yamaha promises its Rhino goes "almost anywhere" referring to its new breed of Utility Terrain Vehicle or U.T.V.'s. What the ad fails to mention is that federal safety regulators are investigating the safety of this vehicle following reports of approximately 30 deaths including two young girls last month. Yamaha Rhino Rollovers

According to a recently published article in The Wall Street Journal on November 4, 2008 Yamaha currently faces more than 200 lawsuits in State and Federal courts alleging that Rhino design is unsafe. (Wall Street Journal article)

Due to their unique design, Rhinos are not subject to the safety standards of all terrain vehicle (ATV's) or even more stringent car safety standards. The Yamaha Rhino ATV is alleged to be unstable during normal operating maneuvers at low to moderate speeds and turning on level ground.

Characteristically, low speed turns lead to sudden rollovers causing the occupants' arms and legs to be crushed by the roll cage as the vehicle slams to the ground.

The Philadelphia SUV rollover firm of Reiff and Bily has represented individuals across the United States who have suffered injuries in SUV and ATV rollovers. If you or anyone you know has been injured in a Yamaha Rhino accident, please contact the ATV and SUV rollover firm of Reiff and Bily for a free consultation at 1- 800-421-9595 or online at www.reiffandbily.com and we will promptly review your case and assist you in recovering damages for pain and suffering along with both future and past medical expenses without fee or obligation to you.

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

Posted In: ATV/Yamaha Rhino Rollover , Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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Philadelphia Amusement and Hayride Accident Lawyers of Reiff and Bily Salute Ron Melancon and dangeroustrailers.org

Ron has been a step ahead of government officials and many lawyers. Ron has recognized that many trailers used for hayrides and other utilities are under 3,000 lbs. and fall below federal guidelines. These trailers do not need to be inspected. You can build one on your own and use it yourself or sell it. As Ron has recognized, there is very little regulation addressed with trailers under 3,000 lbs. Most state laws are silent regarding design or construction specification for utility trailers used in hayrides or for towing hitches. Obviously, a potentially dangerous situation exists using these trailers for hayrides or even on the roads of the Commonwealth. In many cases, we find trailers have obvious violations of safety codes that related to lighting, braking and inspection requirements.

The unregulation of the hayride and trailer obviously allows profit hungry operators to cut corners on safety, often leading to preventable catastrophic injuries of innocent children.

We urge you to link to Ron’s website at www.dangeroustrailers.org. We salute Ron’s efforts to become a crusader for public safety and in his attempts to keep the public informed of the dangerous situations of unregulated trailers and hayrides in the United States and abroad. Consumer advocacy is what change in laws and regulations is all about.

Continue reading "The Dangerous Trailer and Hayride Injury Lawyers of Reiff and Bily Proudly Salute the Efforts of Ron J. Melancon of Richmond, Virginia" »

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

Posted In: Amusement Parks , Catastrophic loss , Hayride/Trailer Accidents , Personal Injury , Product Liability , Wrongful Death

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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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One year old Zoe Montgomery was killed last week when she was run over during a Halloween hayride at the Orr Family Farm, at an Oklahoma farm themed amusement park. The toddler fell under the wheels of the trailer during the hayride. According to news reports, the incident occurred when Zoe’s mother, Carie Montgomery, attempted to get Zoe off the back of a trailer. The mother tried to get her child off of the ride when the trailer jerked suddenly, sending Zoe flying to the ground near the wheels. Carie Montgomery, 24, threw herself at her daughter in an attempt to save her. The toddler was air lifted to OU Medical Center where doctors pronounced her dead. (news article)

Tragically, Zoe Montgomery’s story is not unique. The experienced lawyers at the Pennsylvania catastrophic injury law firm of Reiff and Bily are currently involved in a very similar claim for catastrophic injuries where a young student on a school trip was trapped and pulled under a Halloween hayride in Bucks County, Pennsylvania one year ago and was mangled due to inadequate supervision or training of the ride operators and inadequate site and safety crowd control. Simply put, similar to the situation that occurred with Zoe’s unfortunate death, the operators of the hayride had inadequate safety controls in effect to prevent an easily avoidable accident, particularly in an area that was noisy and frequently visited by young children. Many of the hayrides and other amusement park accidents are simply accidents waiting to happen when proper control mechanisms are not in place. When amusement park and hayride injuries occur, the injuries are quite significant because of the number of people involved and the size and weight of the equipment. These rides have the ability to crush, pin and eject riders causing catastrophic injuries. We express our heartfelt condolences to the family of Zoe Montgomery and sincerely hope that state officials and investigators do a thorough job in investigating this horrific and catastrophic accident.

Continue reading "Halloween Hayride Kills Toddler" »

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

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In yet another horrifying Halloween hayride accident, an Ohio woman was transported to Ohio State University Medical Center after she fell off the side of a Halloween hayride and was pinned underneath the wheels. The individual identified by news sources as Tonya Reynolds suffered a broken arm and her legs were crushed by the ride according to officials. (news article)

In a separate situation, a 7 year old New Jersey boy was left in critical condition after falling from a hayride and striking his head. According to the news report, Jacob George was a passenger on a haunted hayride at the Shrine of St. Joseph Church on Long Hill Road in Stirling, NJ on Friday, October 24th, when he fell off the trailer he was riding on and suffered head injuries. He was transported to Morristown Memorial Hospital where he remained in critical condition. Members of the Morris County, New Jersey Sheriff’s Office Accident Reconstruction Team assisted with the investigation and shut down the ride. (news article )

It is with great sadness that I read about these easily preventable and tragic incidents. As a catastrophic injury attorney in Pennsylvania, I have spent a good portion of the last year working on an almost identical hayride case where a six year old boy on a class outing was also run over by a Halloween hayride, as his mother also instinctively threw herself at her son in an attempt to save him. All of these accidents certainly indicate the necessity of improving safety, supervision, maintenance and warning requirements when dealing with amusement rides and Halloween hayrides where the lives of unsuspecting and innocent children are so frequently involved. My deepest and heartfelt sympathies go out to these families.

Continue reading "Halloween Hayride Crushes Bones of Innocent Rider" »

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Posted In: Amusement Parks , Catastrophic loss , Hayride/Trailer Accidents , Negligence , Personal Injury , 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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Pennsylvania Rep. Jim Wansacz ,D-114; Karen Boback, R-117; Frank Andrews Shimkus, D-113; and Ken Smith, D-112, sponsored various new bills aimed at preventing neglect of the elderly by individuals responsible for their care. The bills would toughen penalties for care givers when the neglect of individuals in their care results in death, setting new reporting requirements for neglect cases, requiring physicians to disclose any financial ownership in a long term care facility, as well as requiring the facility provide advance notice as residents are relocated.

As an experienced Philadelphia personal injury lawyer practicing elder law abuse and nursing home abuse, I have been astounded by the preponderance of the declining quality of care at nursing homes and its direct relationship to the economic and insurance crisis. Nursing home and elder abuse has come to the attention of many government agencies and many lax laws and financial webs created by private investment companies who have ownership interest in nursing homes have made it very difficult for plaintiffs who have suffered harm to succeed in court and for regulators to levy chain-wide fines due to the creation of complex corporate structures that obscured who controlled the homes. A recent report issued by Health and Human Services has found that nearly all nursing homes in the United States have received citations for health and safety violations in 2007.

When placing a loved one in a nursing home one expects, and is the right of the resident, to live in a clean, healthy, attractive and safe environment, to receive proper medical care, nursing care and rehabilitative and restorative therapy, and personal hygiene. Also, the residents have a right to be informed of his or her medical condition unless the physician indicates in the medical records that it is not in the best interest of the patient to be told. Nursing home and elder abuse is a crime against the sick, elderly and helpless. Although many cases of nursing home abuse exist, many law firms are afraid to go after the mighty Wall Street investment firms that have so cleverly created corporate webs to protect their investments.

Continue reading "PENNSYLVANIA ELDER ABUSE LAWYERS REIFF AND BILY SALUTE PENNSYLVANIA LAWMAKERS IN THEIR EFFORTS TO REVIVE BILLS TO PREVENT ELDER ABUSE IN PENNSYLVANIA" »

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Posted In: Catastrophic loss , Negligence , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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According to a recent article published by the New York Times on Sunday, October 26, 2008, so many members of the armed forces have been dying on motorcycles and sports bikes like the Ninja that the Navy and Marines have made special training mandatory. In just one weekend in September, the Navy lost four men in sport bike accidents.

As I have noted before in my blog, you can go out and purchase a motorcycle from a showroom floor without even having a motorcycle license to buy it or without having any special training. Some of the Ninja bikes will attain speeds of almost 200 mph. In the last 12 months, 50 of 58 sailors and marines killed on motorcycles were operating on such said sports bikes which are much faster than their cruiser counterparts. The Army also lost 36 soldiers on sport bike accidents in the same time period.

In just the last month in our law practice, which specializes in catastrophic personal injury accidents with an emphasis on motorcycle accidents, we noticed a tremendous amount of accidents with people under age 30 who are first time purchasers and have limited experience riding motorcycles. According to Tracy Martin who runs a private riding program aimed at high performance motorcycles, Air Force safety officials predict the military person most likely to die next is a male under the age of 25, working in maintenance, who has a sport bike and owns it less than a month. A direct correlation with those individuals represented by our law firm over the past 25 years. (New York Times article)

Continue reading "US MILITARY FORCES MAKE SPECIAL TRAINING MANDATORY FOR MOTORCYCLE RIDERS - PHILADELPHIA MOTORCYCLE LAWYER, JEFFREY REIFF, SALUTES THESE EFFORTS" »

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Posted In: Catastrophic loss , Personal Injury , Product Liability , Wrongful Death , motorcycle accidents

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A PHILADELPHIA PRODUCTS LIABILITY LAWYER SAYS THAT THE PUBLIC WILL PAY A PRICE

On November 3, 2008, the pharmaceutical giant Wyeth will take its case to the United States Supreme Court to argue that FDA approval of a drug supercedes state law challenging safety, efficacy and labeling. The drugmaker and the FDA will argue that preemption by maintaining the FDA’s actions are the final word on safety and effectiveness. This Court decision is extremely important and being closely watched by drug manufacturers and plaintiffs’ attorneys on behalf of their affected clients because the ruling will determine whether patients can sue drugmakers through state law when a product has already been approved by the FDA. In a press release, the drugmaker Wyeth argued that preemption protects everyone; “The Constitutional preemption is not new; the patients and physicians need to be able to rely on a single Federal standard and guidelines with the risks, benefits and uses of medicines - the FDA-approved labeling, and upholding preemption will leave America’s courthouse doors open to injured patients.”

This case stems from an instance where Vermont musician Diana Levine was given a Wyeth nausea medication called Phenergan during a visit to a hospital emergency room. However, the drug was administered improperly, causing her to lose her right arm below the elbow. She successfully argued that even though the labeling complied with the FDA requirements, the adequacy of the warning still wasn’t established for a particular method of administering the drug. She further contended that Wyeth wasn’t prevented from adding or strengthening the warning on the label even though the FDA rejected a proposed change. In the lower courts, Levine was awarded more than $6 million dollars. In spite of appeals, the Vermont Supreme Court sided with her. But Wyeth appealed again. No surprise the White House backs Wyeth on their preemption position. (New York Times article)

This case has been referred to as the mother of all preemption cases. If the Court accepts the position set forth by Wyeth and the FDA, the result will be an unprecedented elimination of remedies available to consumers injured by drugs. Many large corporations supported by the Bush administration have vigorously pursued the preemption argument to block the roadways to courts and prevent many injured plaintiffs from full ability to exercise their Constitutional rights. Preemption is a legal doctrine based on the Supremacy Clause of the United States Constitution which states that when Federal and State law are at odds, Federal law will take precedent. Its application to state tort litigation represents a radical extension of its original meaning.

Continue reading "UNITED STATES SUPREME COURT TO HEAR IMPORTANT PREEMPTION CASE ON NOVEMBER 3, 2008; COURT’S DECISION WILL DETERMINE WHETHER PATIENTS CAN SUE A DRUGMAKER THROUGH STATE LAW WHEN A PRODUCT HAS ALREADY BEEN APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA)" »

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Posted In: Catastrophic loss , Personal Injury , Product Liability , Wrongful Death

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I have been a lawyer since 1979, aggressively protecting the rights of catastrophically injured individuals. Yes, I am a greedy trial lawyer. I am greedy for justice. As I listen to politicians, including presidential candidates, conveniently noting that lawyers are like bottom feeders or the “scum of the earth” or where I hear ignorant people telling me that trial lawyers are greedy, I can only think to myself that had it not been for trial lawyers, the greed of corporate America and Wall Street would certainly doom us all. When one thinks of greed, we think intuitively that greed is bad. We think of a self-serving, selfish individual who cares about nothing but accumulating wealth. Until lately, we did not hear much about greedy banks, greedy insurance companies or greedy Wall Street investment firms. What we did hear about most is greedy trial lawyers. Today the individual taxpayers are left holding the bag for the most massive bailout of greed in the history of developed nations. It is only when we feel the pain individually that we have the tendency to catagorize something or someone as greedy. Anyone living in today’s world knows that trial lawyers have been under attack and many of the rules applicable to injured and innocent victims have been changed or legislated away to give big corporations more and more power. The most contentious area of tort reform, and the area in which tort reform advocates focus, is on personal injury and the greed of the trial lawyer.

I am fortunate to live and practice law in the United States where juries decide cases and where compensatory and punitive damages are available to injured plaintiffs and to assist in policing the system of corporate greed. Tort reform has become a contentious political issue particularly because of the alleged high cost of compensating injured victims. It is my feeling that lawyers are the silent policemen of society. We protect the hopes and the value of hope of innocent victims. How do you know if your household products or automobiles are defective and could be causing a potential injury to you or your family? How do you know if your medicines are doing more harm than good? How do you know if the toys you purchase are safe for your children? Under current law, many defective and hazardous products remain on store shelves and in medicine cabinets and are in the houses of millions of Americans and you never know they are dangerous. Government and big corporations get away with keeping this information from us. They seal public records in court cases and try to keep everything a secret, even when victims are successful in holding corporations accountable for defective and hazardous products. They are forced to enter into secrecy agreements which prevent them from informing other consumers of the injuries they defend. The practice of secrecy in tort reform is an example of how corporations can legally put profits over people. Politicians claim that lawsuit abuse destroys jobs, forces doctors out of business, and forces companies into bankruptcy. They want to deprive innocent and injured clients of the hope of the judicial system and the access to the courts dictated by the founding fathers of the United States Constitution. Corporations have and will continue to place profits over safety unless policed by trial lawyers and the court system.

Continue reading "I AM A GREEDY TRIAL LAWYER" »

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

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Children’s product maker, Delta Enterprise Corporation, recalls 1.59 million cribs linked to infant deaths according to an article published in the Wall Street Journal on October 21, 2008. A spokesman for Delta Enterprise Corporation, a New York based company, stated that they are recalling 1.59 million cribs and the recall stems from two different types of problematic hardware used on the cribs sold from 1995 through 2005. The hardware, which includes safety pegs for one set of cribs and spring pegs for another, can create a hazard if not properly installed. The drop side of the cribs can fall and disengage creating a gap that can entrap and suffocate infants. The recall by Delta is the biggest in a series of crib investigations and recalls urged by The Consumer Product Safety Commission. In mid-September, the agency also announced a recall of 600,000 Simplicity Inc. drop side cribs involving hardware problems. A month earlier, 900,000 Simplicity convertible bassinets were recalled after Federal regulators linked the products to infant deaths from strangulation. In that case, metal bars were spaced too far apart to prevent infants from slipping through. The company has set up a website at www.cribrecallcenter.com for consumers. The site should be online by Tuesday, October 21st. Consumers may also call 1-800-876-5304. The Consumer Product Safety Commission will announce details of the recall on October 21, 2008. For more information on recalls, please see my blog article dated September 30, 2008.

Products can be purchased at many retail stores, wholesalers, supermarkets or even speciality outlets and they are all manufactured with the implicit guarantee that the purchased product is not defective. Products that are either defective or dangerous can cause injury or even death to thousands of people in Pennsylvania every year. Under the protection of product liability in Pennsylvania, consumers are often able to recover monetary damages stemming from or relating to injuries. Under Pennsylvania law, products must meet certain consumer safety requirements when being used in a lawful and normal manner.

The experienced product liability lawyers at Reiff and Bily specialize in severe and catastrophic injuries caused by defective products. We have almost thirty years of experience handling product liability cases throughout the Commonwealth of Pennsylvania and in other states across the nation. We are available to answer any of your questions regarding product liability. We offer no obligation and confidential evaluations by telephone or through our website. Please contact us today at 1-800-421-9595 or online at www.reiffandbily.com if you have any questions or concerns.

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Posted In: Catastrophic loss , Personal Injury , Product Liability , 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" »

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

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Long term care insurance refers to the insurance for care taking and services beyond medical care and is used by people who have a disability or chronic illness or plainly just in their “golden years”. People are living longer these days and, unfortunately, normal health insurance policies and Medicare do not pay for long term care expenses. Long term care insurance typically covers the cost of health in your home with daily activities like bathing, dressing, eating, cleaning, adult daycare, visiting nurses, care in a nursing home or assisted living programs and services that are provided in a special residential setting other than in your home which services may include meals, health monitoring and help with daily activities.

Approximately ten years ago, a persuasive insurance agent convinced me that it was necessary to purchase long term care insurance for myself, as well as my aging parents. As any individual who has reviewed a newspaper within the past month can determine, many of the insurance companies in America are in deep financial crisis. It appears that there is much more trouble on the horizon for the beleaguered insurance industry. Recently, benefits for 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. For more information on this, please see my blog article dated October 13, 2008.

Since 1979, I have exclusively devoted my legal practice to handling catastrophic injury and insurance claims cases. In the process, I have developed a fairly intimate knowledge of the insurance industry as I have worked with many experts including but not limited to actuaries, economists, lobbyists, product developers and insurance industry executives. As a financial investor, I have carefully studied trends and balance sheets of insurance companies. I have even been asked to participate in the start up of a few insurance companies. The field of long term care insurance is a fairly young industry and has been largely in the premium collection mode (to date) from the baby boomers who are now aging or have parents who are entering the “golden years” period of life. The financial weakness of the markets is starting to reveal its effect on even the major insurance industry players as they face declining sales and an aging population. Claims are being denied or delayed and premiums being increased in a more than harsh fashion in what this writer perceives as an attempt to negate or cancel policies for non-payment.

Continue reading "LONG TERM CARE INSURANCE - A CRISIS ON THE HORIZON" »

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Posted In: Catastrophic loss , Elder Law , Insurance Claims , Personal Injury

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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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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 " »

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Posted In: Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , bus accidents

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The Virginia based Insurance Institute for Highway Safety and the University of Michigan Transportation Research Institute determined that 13 booster seats failed to properly position and protect children during a crash.

The Institute which conducts crash studies of new vehicles did not recommend the following seats:

Compass B505
Compass B510
Cosco/Dorel Traveler
Evenflo Big Kid Confidence
Safety Angel Ride Ryte
Cosco/Dorel Alpha Omega
Cosco/Dorel (Eddie Bauer) Summit
Cosco Highback Booster
Dorel/Safety 1st (Eddie Bauer) Prospect
Evenflo Chase Comfort Touch
Evenflo Generations
Graco CarGo Zephyr
Safety 1st/Dorel Intera

IIHS President, Adrian Lund, said that the 13 boosters “may increase restraint use by making children more comfortable but they don’t position belts for optimal protection”. Evenflo released a statement stating that it conducts extensive tests and that IIHS study was “misleading as it fails to consider the real world use and performance of seats tested”. Evenflo further remarked that they had sold more than 4 million units of the seats studied by the Institute and “we are not aware of a single incident in which a child was injured as the result of improper fit”. Other child seat manufacturers noted that their products meet or exceeded Federal regulations. Dorel Juvenile Group stated “it welcomes the opportunity to review the evaluation conducted by the IIHS”. Graco Children’s Products stated in a statement that “safety is always a top priority and nothing is more important than the well being of the children that use their products”.

Continue reading "13 CHILD BOOSTER SEATS RECEIVE A POOR RATING ACCORDING TO REVIEW BY THE INSURANCE INDUSTRY AND RESEARCHERS - PHILADELPHIA DEFECTIVE CHILD SEAT ATTORNEY, JEFFREY REIFF, WEIGHS IN" »

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Posted In: Catastrophic loss , Child Safety Seats , Personal Injury , Product Liability

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PENNSYLVANIA HOTEL LIABILITY LAWYER, PENNSYLVANIA HOTEL LIABILITY LAWYER, JEFFREY REIFF, WEIGHS IN

According to a story published on September 28, 2008 by the Sunday News in Lancaster, Pennsylvania, inspectors for the Pennsylvania Department of Agriculture, responding to consumer complaints at the Holiday Inn in Lancaster County, were surprised when they found a laundry list of offenses. According to the article, when the hotel’s walk-in refrigerator failed, hotel employees moved the contents to a guest room for cooling. The room’s air conditioner was turned all the way down to 65 degrees, 25 degrees higher than the maximum temperature allowed by Pennsylvania State Health guidelines. On the same day of the food inspection, the Pennsylvania Bureau of Liquor Control Enforcement Officers searched the hotel and found that it was selling liquor without a license and had been doing so for over a year when the ownership changed hands and new owners never sought to renew the liquor license. It is reported that Treasury officials claim that the hotel had failed to pay taxes since July 21st and it is impossible to determine how much the hotel owes due to the fact that the figures come from the hotel’s monthly reports which are not accurate or complete either (according to the report). According to records, the State Department of Revenue placed a lien on the property for $29,259.28 in unpaid sales taxes for November and December 2007. Employees of the hotel paint and even grimmer picture for this Lancaster County Holiday Inn. They state that paychecks have been late, have been bounced and they have been paying insurance premiums out of their paychecks, yet, this hotel is not actually carrying insurance, according to reports.

One employee found this out the hard way when he went in for surgery and was told he did not have insurance, even though he had been paying for it through his employer. It was further reported that housekeeping employees have been instructed to rinse out and reuse disposable supplies in guest rooms. This included refilling used shampoo bottles and rinsing out and reusing trash bags. It was further reported that utilities and cable have been shut off at the hotel for failure to pay bills and that the building has failed fire code inspections as well.

Continue reading "HOLIDAY INN IN LANCASTER COUNTY, PENNSYLVANIA DOESN’T PLAY BY THE RULES - ARE THEY PUTTING THEIR CUSTOMERS AT RISK?" »

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Posted In: Catastrophic loss , Inadequate Security , Personal Injury , Premises liability

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PHILADELPHIA NURSING HOME ABUSE ATTORNEY, JEFFREY REIFF, WEIGHS IN

According to a study referred to by Robert Pear in the New York Times on Monday, September 29, 2008, more than 90% of nursing homes were cited for violations of Federal Health and Safety standards last year, and for profit homes more likely have problems than other types of nursing homes, Federal investigators stated in a report issued Monday, September 29, 2008. According to the article, about 17% of nursing homes had deficiencies that caused “actual harm or immediate jeopardy” to patients according to a report by Dr. Daniel R. Levinson, the Inspector General of the Department of Health and Human Services. (New York Times article).

Problems included bed sores, medication mixups, poor nutrition and abuse and neglect of patients. Inspectors received 37,150 complaints about conditions in nursing homes last year and this substantiated 39% of them the report said. About 1/5 of the complaints verified by Federal and State authorities involved the abuse or neglect of patients.

About 2/3 of nursing homes are owned by for profit companies, while 27% are owned by non-profit organizations and 6% by government entities according to the report. The Inspector General noted that 94% of for profit nursing homes were cited for deficiencies last year, compared with 88% of non-profit homes and 91% of government homes.

“For profit nursing homes have a higher average number of deficiencies than other types of nursing homes,” Mr. Levinson said. “In 2007, for profit nursing homes averages 7.6% deficiencies per home, while non-profit and government homes averaged 5.7 and 6.3% respectively”. On Monday, Mr. Levinson issued a compliance guide for nursing homes that says some homes have “systematically failed to provide staff in sufficient numbers with appropriate clinical expertise to serve their residents”.

Continue reading "94% OF NURSING HOMES WERE CITED FOR VIOLATIONS OF FEDERAL HEALTH AND SAFETY STANDARDS LAST YEAR - FOR PROFIT HOMES MORE LIKELY TO HAVE PROBLEMS THAN OTHER TYPES OF NURSING HOMES CLAIM FEDERAL INVESTIGATORS " »

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Posted In: Catastrophic loss , Nursing Home Abuse/Neglect , Personal Injury , slip and fall

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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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Physically unharmed plaintiffs may still collect emotional distress damages in strict product liability cases the Pennsylvania Superior has ruled in a case of first impression. A three judge panel voted 2 to 1, with Judge Orie Melvin concurring and dissenting, to uphold a $4.5 million dollar jury verdict in favor of two people, one of whom was killed and the other was seriously injured by a flying fire hose and to three close relatives who witnessed the accident but sustained no physical injury. Defendants argued that Pennsylvania law does not recognize awards for emotional distress under a theory of strict liability and also argued that under Pennsylvania law negligent concepts are “distinct from the product liability doctrine”.

A majority in Schmidt v. Boardman, led by Judge Cheryl Allan, called those arguments meritless. “We conclude that in Pennsylvania, a bystander-plaintiff who witnesses injury to a close relative can recover emotional distress damages when the injured person’s underlying cause of action is based on strict product liability rather than negligence” wrote Judge Cheryl Allan. Judge Allan was joined by John T. Bender. Attorney Arnd N. von Waldow of Reed, Smith in Pittsburgh, who was handling the appeal for defendant-manufacturer, said that he and his clients were planning to appeal the ruling and that this decision will not be the last word. For information on this case and the ruling, please see Schmidt v. Boardman Company, 2008 PA Super 203 (Pa.Super.CT. 9/2/2008). (opinion)

Continue reading "EMOTIONAL DISTRESS DAMAGES OKAYED IN PRODUCTS LIABILITY CASES SAYS THE PENNSYLVANIA STATE SUPERIOR COURT IN A CASE OF FIRST IMPRESSION" »

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Posted In: Catastrophic loss , Personal Injury , Product Liability

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According the Wall Street Journal, Federal Regulators have turned to retailers to conduct two huge recalls of potentially dangerous cribs and bassinets. This is an unusual request highlighting gaps in a recall system based on voluntary action by manufacturers and has lead all marked stores and other retailers to get tough with a Reading, Pennsylvania company. According the Wall Street Journal, recalls of the Simplicity brand of children products from last month of 900,000 convertible bassinets and another on Wednesday of 600,000 cribs have saddled retailers with headaches and expenses and halting product sales and issuing customer refunds. Many retailers are seeking compensation from the new owner of the Simplicity brand, SFCA, Inc. of Reading, PA, which bought the assets and brand of Simplicity Inc. at a public auction in April, after the company went out of business the month before. SFCA says it is not liable for products made before the acquisition and has refused to conduct a recall of the defective goods which have been linked to several infant deaths. SFCA still argues that although it is not liable for the recalled products, it says “it values its good relationship with its retail customers” and is “working in close cooperation with retailers to help facilitate all aspects of the recall”. Initially after removing all Simplicity bassinets from its 3,500 stores and its website, WalMart said it has returned to its store shelves the models deemed safe and still carries Simplicity products that are made by the defunct manufacturer. For more information on this story, please link to the Wall Street Journal article. (Wall Street Journal article)

Continue reading "FEDERAL REGULATORS HAVE TURNED TO RETAILERS TO CONDUCT TWO HUGE RECALLS OF POTENTIALLY DANGEROUS CRIBS AND BASSINETS - RETAILERS ARE SEEKING COMPENSATION FROM A READING, PA COMPANY - PHILADELPHIA PRODUCTS LIABILITY LAWYER, JEFFREY REIFF, EXPLORES LOOPHOLE" »

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Posted In: Catastrophic loss , Personal Injury , Product Liability

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PA PERSONAL INJURY ATTORNEY, JEFFREY REIFF, SPEAKS OUT ABOUT THIS BELIEVE IT OR NOT STORY

According to a report issued by the Associated Press on September 24, 2008, two pilots for Hawaii’s Go! Airlines, who slept through their flight’s landing procedure, were suspended for careless and reckless operation of an aircraft according to the Federal Aviation Administration on Tuesday, September 23rd. Captain Scott Oltman, 54, was cited for failing to maintain radio communications and had his license suspended for 60 days and First Officer Dillon Shepley, 24, was suspended for 45 days. No action was taken against Go! Airlines because accordingly, “they did nothing wrong and provided the pilots with a 15 hour break before their shift, nearly double what the FAA requires”. The National Transportation Safety Board had determined that the two pilots fell asleep on a February 13th flight from Honolulu to Hilo. Captain Scott Oltman was later diagnosed with severe obstructive sleep apnea which causes people to stop breathing repeatedly, preventing a restful night of sleep. It is still unclear how both pilots fell asleep on a brief morning flight which was carrying 40 passengers. No problems were found after examining the aircraft’s pressurization and carbon monoxide level. The pilots failed to respond to nearly a dozen calls from air traffic controllers over a span of 17 minutes. In recordings obtained by the Associated Press, the controller was heard repeatedly trying to contact the pilots and talks to the pilot on another Go! flight in hopes of reaching Flight 1002. According to the AP report, finally after 44 minutes into what is normally a 45 minute flight, the controller was able to establish radio contact with the pilots. By that time, the plane had passed the airport at Hilo by 15 miles. The controller ordered the flight crew to return. (news article)

As I review this article, I am astounded, however not really so, as I think about the many cases we have handled involving commercial vehicles, including bus drivers and truck drivers and railroad workers where sleep apnea of “falling asleep at the wheel” was diagnosed as a major cause of fatal accidents. As noted in my September 5, 2008 blog, 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. It was determined that many truck drivers, bus drivers and railroad workers suffered from a disorder known as obstructive sleep apnea, which was diagnosed as a major cause of excessive daytime sleepiness, leading people to fall asleep while sitting, reading and even driving. According to yearly statistics, more than 13,000 fatalities and 70,000 injuries were directly caused by drowsy driving. Surprisingly, 53% of Americans report driving while drowsy and another 19% have reported nodding off while behind the wheel, and another 23% of American drivers claim to personally know of someone who has crashed due to drowsy driving.

Continue reading "FALLING ASLEEP AT THE WHEEL NOT JUST LIMITED TO TRUCK DRIVERS, BUS DRIVERS OR OTHER COMMON CARRIERS - SURPRISINGLY AND SHOCKINGLY - 2 AIRLINE PILOTS WERE SUSPENDED FROM SERVICE DUE TO RECKLESS AND CARELESS OPERATION OF A COMMERCIAL PASSENGER AIRCRAFT" »

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Posted In: Catastrophic loss , Negligence , 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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Although many states define a motorcycle as a motor vehicle, motorcycles by their design offer many safety issues with the driver. Motorcycles offer very little protection to riders in the event of a crash or collision, often leading to severe injuries and fatalities. Many safety devices are available for purchase from motorcycle manufacturers or after market. It is important to consider such safety devices that (1) increase the visibility of motorcycles to other traffic such as activation of headlights; (2) installation of crash bars to help reduce lower leg injuries; and (3) the installation of ABS braking systems to enhance the motorcycle’s breaking performance in stopping situations. Most importantly is the knowledge that operating a motorcycle safely in traffic requires special skills and knowledge.

The Commonwealth of Pennsylvania maintains a motorcycle safety program which teaches the operator the basic skills necessary to operate a motorcycle. All Pennsylvania drivers should take advantage of the opportunity to read the motorcycle operator’s manual published by the Commonwealth of Pennsylvania, as well as take the Pennsylvania motorcycle safety program. Additionally, while riding the motorcycle, one should wear proper protective clothing and head gear, ride within your limits, obey the law and “share the road” with other highway users. You should always wear a helmet designed to meet DOT and State standards. Helmets with a label from Snell Memorial Foundation gives you an added assurance of quality. Make sure that the helmet fits snugly all the way around and has no obvious defects such as cracks, loose padding or frayed straps. Whatever helmet you choose to wear, make sure it is securely fastened on your head when you ride.

Since 1979 the Pennsylvania motorcycle accident lawyers and the Philadelphia personal injury lawyers at Reiff and Bily have represented many motorcyclists who have been seriously injured or killed in motorcycle accidents in Pennsylvania and throughout the country.

Continue reading "PHILADELPHIA MOTORCYCLE ACCIDENT LAWYER, JEFFREY REIFF, OFFERS TIPS ON HOW TO REDUCE YOUR CHANCE OF INJURY OR DEATH WHILE OPERATING A MOTORCYCLE" »

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

Posted In: Catastrophic loss , Personal Injury , motorcycle accidents

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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" »

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

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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Imagine this scenario, you go to a restaurant or franchise later in the evening to enjoy a meal and you are assaulted, stabbed or shot by one of the restaurant’s employees. Imagine another scenario, you are at your home, order takeout, and the delivery man comes and assaults or kills you or a loved one.

In the last few months, Philadelphia personal injury attorney, Jeffrey Reiff, was contacted by individuals who had each suffered a separate and catastrophic incident as mentioned above.

Many restauranteurs employ security systems, attend conferences, hire the best security consultants and set forth rules to insure a safe, crime free workplace and the safety of their customers and employees. But despite the focus on security, horrible crimes are defeating the best systems in place. According to an article published in Nations Restaurant News (www.nrn.com) since 2003, 341 restaurant employees and an unknown number of guests have been murdered on restaurant properties according to the U.S. Bureau of Labor Statistics. Although the number of deaths fell more than 25% between 2003 and 2004, the number is headed north again, jumping nearly 21% from 73 deaths in 2005 to 88 deaths in 2006.

The NRN article quotes Chris McGoey, head of Crime Doctors, a security consulting firm with offices in San Francisco and Los Angeles, “All the studies I’ve seen say that late night retail and your businesses (restaurants) are the leading sites of employee homicides in the United States and the number one place for male fatalities in the workplace”. Mr. McGoey goes on to state “As more chains open 24 hours, we will experience more workplace violence, serious injuries and death in the restaurant business because I don’t think your industry gets it”.

Continue reading "AS THE ECONOMY CONTINUES TO WORSEN, RESTAURANTS EXPOSE THEMSELVES TO LIABILITY AND OTHERS TO HARM WITH INCREASED LATE NIGHT HOURS, INADEQUATE SECURITY AND IMPROPER BACKGROUND CHECKS ON EMPLOYEES - A PHILADELPHIA INADEQUATE SECURITY LAWYER WEIGHS IN." »

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

Posted In: Catastrophic loss , Inadequate Security , Personal Injury , Premises liability

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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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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." »

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Posted In: Catastrophic loss , Personal Injury , bus accidents

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BMW A.G. has recalled 200,000 vehicles due to the fact that they are concerned that the front passenger airbags may not deploy in a crash. The German automaker noted that the recall involves a 2006 3-Series, the 2004-2006 5-Series and 2004-2006 X3 sport utility vehicle in the U.S. The National Highway and Traffic Safety Administration stated in a posting on its website that small cracks could develop in the seat detection mat and deactivate the front passenger airbags. It is further advised that the airbag warning lamp and the passenger airbag “on-off lamp” would remain on. BMW advised that there were no accidents or injuries reported due to this alleged recall defect.

NHTSA opened an investigation into the issue in September 2007 and upgraded its probe in January. In addition to the vehicle under the above recall, the ongoing investigation also includes the 2004-2006 Z4, 2006 X5, 2006-6 Series and some 2004-2006 7-Series vehicles. NHTSA has stated that BMW received 23,739 RT claims over the airbag system by early January. To respond to this problem, BMW said it will extend its warranty to 10 years without any mileage limit for the following vehicles: 2006 6-Series, 2006 3-Series with standard seats, 2004-2005 Z4, 2004-2006 7-Series, 2006 X5, and 2004-2006 5-Series with comfort seats. BMW stated that under the extended warranty program, the detection mat in the vehicle with the airbag system problems would be replaced at no charge to the customer. For more information, owners are asked to contact the manufacturer at 1-800-525-7417 or NHTSA at 1-888-327-4236.

The Pennsylvania airbag defect and SUV rollover law firm of Reiff and Bily has been representing victims (in Pennsylvania and throughout the United States) who have been injured as a result of a defective airbag deployment or non-deployment. Airbags when properly designed prevent death and catastrophic injury. Unfortunately, many airbag systems were designed poorly, resulting in thousands of injuries and fatalities. An individual should assume that an airbag will provide an extra level of protection for drivers and passengers of motor vehicles. Many times defective airbags fail to deploy all together or deploy with too much force, causing injuries such as paralysis, severed brain stems, broken necks, blinding, brain hemorrhages, temporomandibular joint syndrome, facial bone fractures, disfigurement, burst hearts, and other serious injuries or fatalities. Surprisingly, even a low impact or low speed collision can cause an overly aggressive airbags to deploy with too much force, causing an injury that would not have occurred had this defectively designed airbag not been involved.

Continue reading "PHILADELPHIA AIRBAG DEFECT AND SUV ROLLOVER ATTORNEY SALUTES BMW USA IN THEIR RECALL OF 200,000 CARS AND SMALL SUVs FOR AIRBAG DEFECT - A STEP IN THE RIGHT DIRECTION FOR CONSUMER SAFETY." »

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Posted In: Catastrophic loss , Defective Airbags , Personal Injury , SUV and 15 passenger rollover

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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" »

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Posted In: Catastrophic loss , Large Truck Accidents , Personal Injury , bus accidents

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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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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 and 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" »

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Posted In: Catastrophic loss , Personal Injury , SUV and 15 passenger rollover , bus accidents

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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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