Philadelphia Top Injury Lawyer Blog

Investigation of a serious personal injury car accident begins with many questions that must be answered by police investigators and Philadelphia personal injury lawyers. Who had the right of way? How fast were the cars going? Was the vision of either driver impaired? How fast did the drivers react? And many other questions must be investigated and answered before fault and legal liability can be determined. Many people wonder how police and Philadelphia personal injury lawyers investigate and determine fault when serious personal injury car accidents occur.

Philadelphia personal injury investigators use a combination of physics, trigonometry, computer technology and eyewitness accounts to find answers to questions. Here are a few tricks of the trade shared by Philadelphia personal injury attorneys:

Who had the green light? When car accidents occur at traffic lights, it can be difficult to determine who had the green light. Investigators first insure that the traffic signal was functioning properly. If the intersection has a traffic camera, they access any video records and also check for surveillance videos on any nearby buildings. Eyewitnesses are also canvassed. Personal injury lawyers may advertise for eyewitnesses to the accident when police reports don't include such accounts.

Was either driver speeding? Using math formulas and physics principles, investigators can determine the speed of each vehicle by measuring the distances between impact points and final stopping points. Computer crash simulation software is also used to estimate vehicle speeds and trajectories. Skid marks on pavement surfaces can tell car accident investigators whether drivers applied their brakes and where braking action began. Skid marks and the distance one car pushed another can also tell investigators whether a car was accelerating at the time of an accident. Many vehicles now have crash data retrieval systems attached to their engines (like the black box in an airplane) that provide answers to questions about acceleration and braking.

More next time

A new law that takes effect on Monday, May 3, 2010, has caused some confusion for Philadelphia drivers. Under the new regulation, Philadelphia drivers will no longer be required to contact police immediately after a minor car accident. Beginning Monday, Philadelphia drivers may exchange personal and vehicle information and leave the accident scene, waiting until they return home to alert police and their insurance company. It's the definition of "minor" accident that has many Philadelphia drivers confused.

Minor accidents are those that involve no personal injuries and no physical damage to surrounding property, including any residential, commercial and government-owned property. In a minor accident, all damage is confined to the motor vehicles involved in the crash and damage to those vehicles is slight enough that they can continue to be driven safely. If anyone affected by the accident suffers even a slight personal injury, the police must be contacted immediately. If the accident causes any property damage -- landscape plants, fences, other autos, signage, etc. -- or any vehicle suffers major damage or cannot be safely driven, the police must be called.

The new law also specifies that all drivers involved in the accident must exchange owner and vehicle information. Experienced Philadelphia personal injury lawyers recommend exchanging the following information:

• Make, model, year, color, license plate state and number and vehicle identification number (VIN) of the car.


• Name, address, phone number and driver's license number of the driver. Always write down the information from the license, but also ask if the information on the license is current and write down any different information the driver gives you verbally.


• Auto insurance company name and policy number.

You may also want to snap a few pictures of the accident site and any damage to the other vehicle as a precaution. Once you return home, Philadelphia drivers are required to call the police to report the accident and should then call their insurance company.

A Texas jury found that faulty design of a reclining seat caused the death of a passenger in a single car accident. The federal jury in San Angelo, Texas ordered Hyundai to pay $1.8 million in damages in the defective product and liability award connected to the defectively designed reclining seat in its Tucson SUV. It is the first time a jury has found that a reclining seat defect in an automobile has the potential to cause severe personal injury or kill and should serve as a warning to Philadelphia auto drivers and their passengers.

The Texas case concerned a personal injury car accident involving a 2005 Hyundai Tucson sport utility vehicle (SUV). A 19-year-old female passenger was ejected from the reclined seat of the SUV and killed in a tragic July 2007 car accident even though she was wearing a seat belt. The girl was napping in the fully reclined front passenger seat of the Hyundai SUV with the lap and shoulder restraints fully engaged when the driver of the car lost control and the vehicle rolled over. The girl's body slid out from under the seat belt and was ejected from the vehicle as it rolled, killing the teen.

Hyundai argued that seats are only meant to be reclined when the vehicle is not in motion. However, personal injury attorneys for the girl's family successfully argued that Hyundai and other car makers advertise reclining seats as a matter of passenger comfort while traveling. Advertisements often show passengers napping in reclined seats in moving vehicles. Growing evidence suggests that when an accident occurs, passengers in reclined seats are at serious risk of severe personal injury including paralysis and death. To enhance passenger safety, some auto manufacturers prevent seats from being reclined beyond a 45-degree angle or force seats to return to their upright position when an accident occurs. The 2005 Hyundai SUV had neither of these safety features.

New research indicates that when nurses care for fewer patients, patients are less likely to die. When hospitals in Philadelphia and other cities across the country fail to limit the workloads of their nursing staffs, medical errors and the possibility of medical malpractice issues increase noticeably. Researchers at the University of Pennsylvania found that smaller nurse workloads resulted in fewer medical errors and improved patient care after California enacted its controversial 2004 law limiting the number of surgical patients a nurse may care for at one time to five. Had Pennsylvania enacted a similar law, 10.6% of the surgical patients treated between 2005 and 2006 would not have died.

California is the only state that enforces minimum nurse-patient ratios, although 18 other states, including Pennsylvania, are considering similar laws. The National Nurses Organizing Committee has lobbied nationwide for standardized nurse-patient ratios of one nurse for four patients. Proponents argue that lower nurse workloads improve the quality of patient care, decrease medical error rates and decrease the spread of drug-resistant infections. Surveys of California nurses who care for an average two fewer patients than Philadelphia nurses also report higher job satisfaction and less burnout.

Many Philadelphia hospitals and nursing homes have standards regarding the number of registered nurses and other medical care personnel that should be assigned to each unit or floor or shift. But the economy has forced many hospitals and nursing homes to cut nursing staff, and the national nursing shortage has also forced an increase in nurse-patient ratios. Pennsylvania is already short 16,000 nurses, according to the Health Resources and Services Administration, which estimates that the nursing vacancy rate in the state will rise to 41% by 2020,

Hospitals and nursing homes can be held accountable when they fail to provide adequate medical care to patients or when inadequate care results in medical malpractice errors. A Philadelphia medical malpractice attorney can provide additional information.

A horse-drawn carriage ride through Philadelphia's red brick historic district is a popular tourist attraction and a pleasant reminder of days gone by. But an errant motorist turned this colonial remembrance into a modern day horror story when he rammed into the rear end of a horse carriage causing a chain reaction accident that resulted in the serious personal injury of three people. The Philadelphia car accident occurred near Independence Hall Monday morning. A car impacted the rear of one horse-drawn carriage, pushing it over a curb and into a wrought iron fence. The vehicle came to rest with the carriage on top of the auto's hood. The collision pushed the first carriage into a second carriage which overturned. The driver of the car and both carriage drivers were rushed to Philadelphia hospitals in serious condition. The horses were not injured. Philadelphia police are investigating the accident.

Proving who is at fault in an auto accident can be a challenge for Philadelphia personal injury attorneys. Even when fault seems superficially clear, careful investigation may uncover important facts that impact legal rulings and settlements. Even though the auto-carriage accident that occurred in Philadelphia this week is unique and is certain to have attracted the attention of passersby; few, if any, may have actually witnessed the accident itself. When a traffic accident occurs, most people respond to the sounds and sights just after the accident. Few actually witness the events leading up to impact or the actual moment of impact. Most Philadelphia chain reaction accidents present a complex series of actions that must be painstakingly sorted out by Philadelphia personal injury lawyers and their investigators in order to determine what happened when and who did what, crucial elements in determining fault and assessing monetary damages.

What is your hand worth? Is your right hand worth more than your left hand? You can function with one hand, but what if you earn your living by typing on a computer keyboard? Can you still provide for your family if you only have the use of one hand? Will your employer fire you if you can't produce at the same rate as someone with two functioning hands? No one in Philadelphia likes to think about these things, but people lose a hand or the use of a hand or other body part every day in tragic construction accidents, car accidents, truck accidents and motorcycle accidents.

Insurance companies that insure Philadelphia businesses and residents spend thousands of hours pouring over statistics to arrive at the cost of a limb or an eye or a person's ability to sit or stand or walk. Using complicated calculations, insurance companies decide what they will pay the victim of a Philadelphia personal injury accident if the person loses a body part or the use of a limb or if he loses the ability to perform a basic human function such as walking.

Insurance companies tend to be one size fits all. Without a legal push, they are generally unwilling to factor in the importance of lost function to the individual and his family. Without a legal push, insurance companies are usually uninterested in how the loss will impact the individual's personal and family life. Without a legal push, they are often indifferent to how loss of use will affect an individual's ability to support himself and his family now and into the future. Experienced Philadelphia personal injury lawyers supply that push.

Philadelphia personal injury attorneys fight for the rights and needs of Philadelphia personal injury accident victims. If you are the victim of an accident, don't accept the insurance company's offered settlement without first talking to an experienced Philadelphia personal injury lawyer.

An animal rights group from California, In Defense of Animals, is challenging a Pennsylvania corner over his ruling that the death of circus worker Andrew Anderton was an accident. Luzerne County coroner John Corcoran ruled that Dumbo, a female African elephant, accidentally kicked his handler, killing him, while the Irem Shrine Circus was performing in Wilkes Barre last week. The animal rights group claims that while the handler's death may have been an accident, the kick was not.

According to an article appearing in the online edition of the Philadelphia Inquirer, Joyce Poole, spokeswoman for In Defense of Animals, said in her letter to the Pennsylvania coroner:

"With a body weighing six tons elephants are extremely careful and rarely do anything by accident. They have superior sense of hearing, an incredible sense of smell and they are able to detect minute vibrations via their feet. Dumbo would have known that Anderson was approaching her from behind; she would have been able to smell, feel and hear him."

In its letter, the animal right's group makes the argument that confining and chaining elephants creates stress that leads the animals to attack. The group claims that since 1990, elephant attacks in the U.S. have killed 14 people and injured 135.

Depending on your stance on animal rights, this story may seem silly or not, but the elephant is unlikely to be charged, To protect the legal rights of the deceased circus handler's family, Philadelphia personal injury lawyers would have to investigate the exact circumstances surrounding the accident as well as workplace safety issues and circus policies and practices that might have led to this tragic personal injury accident. Philadelphia personal injury attorneys are experts in digging through the emotional hysteria that surrounds fatal workplace accident to determine the facts and the fault of the accident.

In response to a flood of personal injury lawsuits over its defective auto acceleration system, Toyota has begun flooding Philadelphia and national airwaves with television commercials in an attempt to regain its once sterling image. However, the effort seems doomed in the wake of Toyota's newest car accident problem. This week the beleaguered auto dealer called a temporary halt to sales of its 2010 Lexus GX 460 SUV after Consumer Reports labeled the upscale sport utility vehicle a "safety risk."

In an unusual move for the respected consumer watchdog, Consumer Reports warned consumers through its blog not to buy the Toyota SUV because of a serious rollover danger. The consumer magazine has not issued such a warning since 2001. Concerned about the way the Toyota vehicle slides during certain common driving maneuvers, on its blog this week Consumer Reports researchers warned consumers that rear end sliding could cause the vehicle to rollover, saying:

"We believe that in real-world driving, that situation could lead to a rollover accident, which could cause serious injury or death."

Toyota has sold 4,787 of the Lexus SUVs since the first of the year to Philadelphia drivers and car owners across the country. Consumer Reports auto testers reported that in multiple tests simulating entrance and exit onto freeway off-ramps, in every instance the rear of the vehicle slid out dangerously and abruptly as the driver entered the turn and lifted his foot off the accelerator. Consumer Reports researchers said while the GX 460 is equipped with stabilizer control that is supposed to address this issue, the Toyota system doesn't intervene quickly enough, placing vehicle occupants at serious risk from a rollover accident. Rollover car accidents can cause traumatic personal injuries are often fatal.

If you have been involved in a Philadelphia car accident involving a Toyota SUV, contact a Philadelphia personal injury lawyer about your legal rights.

In the wake of two frightening negligence episodes at two different day care centers, Philadelphia parents may be wondering how safe their children are when they drop them off at day care.

Day care owners and county health officials in Vancouver, Washington are being criticized for failing to close a day care facility after several children were hospitalized and a four-year-old boy died from a deadly strain of E. coli bacteria. Particularly dangerous to young children, E. coli bacteria is found in the intestinal tract and can cause bloody diarrhea, dehydration and death. The county finally ordered the facility closed more than two weeks after the first hospitalization. County officials said they delayed closing the day care center from concern that working parents would place their children at other facilities, exposing additional children to infection.

Closer to home, childcare workers at a church-operated day care facility in Cincinnati, Ohio have been accused of giving children melatonin, an over-the counter dietary supplement, at nap time to make them sleep. Melatonin is a hormone produced in the brain that controls sleep and wake cycles. Sold over the counter as a dietary supplement, melatonin is not approved nor regulated by the U.S. Food and Drug Administration. Parents became concerned when their children seemed groggy when they picked them up at the day care facility. Among the parents who have filed a personal injury lawsuit against the church and day care workers are new parents of a 6-month-old infant. Parents say children were fed the drug in pieces of candy just before their scheduled nap.

Philadelphia parents should exercise vigilance about the day care facilities they select for their children and be alert to possible negligence. If you have reason to be concerned about the health or safety provided by your child's day care facility, a Philadelphia personal injury attorney can provide a free case evaluation.

Seat belts save an estimated 15,000 lives in Philadelphia and across the U.S. every year, yet an average 6,000 deaths a year are caused by malfunctioning, improperly used or unused seat belts. According federal statistics, 60% of Americans killed in traffic accidents were not wearing seat belts, resulting in more than $50 billion in medical care costs, lost productivity and other costs related to personal injuries suffered in car accidents in Philadelphia and across the country.

The $3.7 million national Click It or Ticket traffic safety campaign has increased consumer awareness of seat belt safety. About 71% of drivers and passengers consistently wear seat belts. Those who fail to buckle up cite seat belt discomfort or movement impairment. America's obesity epidemic also plays a role. The seat belts in some vehicles simply won't go around larger drivers and passengers.

Even when seat belts are properly sized, defective seat belt design, inferior seal belt materials or poor manufacturing processes can play a significant role in causing personal injuries incurred during a car accident. During a car accident, seat belts are supposed to protect vehicle occupants from collision with components in the car's interior including the steering wheel, windshield and roof. However, faulty installation, manufacturing or design can cause defective seat belts to detach from their moorings. Poor quality materials used in the manufacturing process can fail under crash forces and fail to restrain vehicle occupants. Defective seat belt mechanisms can seize up and fail to work properly. But seat belt latch defects are probably the most common seat belt problem associated with car accidents.

When seat belts fail in Philadelphia car accidents, the problem is usually traced to defective seat belt or latch design, use of inferior raw materials, defective manufacturing practices or a combination of these issues. If you are involved in a car accident that results in serious personal injury or fatality, possible seat belt failure is only one of many issues that will be investigated by your Philadelphia personal injury attorney.

New federal rules targeting lead paint dust highlight a serious personal injury threat for Philadelphia residents contemplating a home remodeling project. Beginning April 22, new Environmental Protection Agency (EPA) rules will require that all contractors be certified and trained in safe methods for reducing job site dust. The new rules apply to any remodeling or construction job with the potential to release paint dust into the air. Training and new safety measures are expected to add $8 to $167 to the cost of interior remodeling projects, more for exterior jobs.

From window replacement to major projects like a room addition or kitchen rehab, most remodeling projects create large quantities of construction dust. In homes painted with lead paint, even if that paint has been covered over with lead-free paint, construction dust will include particles of lead from old paint. When breathed in, these lead particles can cause brain damage; behavioral, learning and growth difficulties; hearing problems; and headaches in still developing children. Lead dust can cause reproductive problems in adults, nerve disorders, muscle and joint pain, high blood pressure and memory loss. Although lead paint was outlawed in 1978, the EPA has linked many recent cases of lead poisoning personal injury to remodeling projects.

Nearly all Philadelphia homes built before 1940 (87%) were painted with lead paint. From 1940 to 1960 as newer paint formulas were developed, the EPA estimates that lead paint was used in 69% percent of homes. That figure dropped to 24% from 1961 to 1978 as the dangers of lead paint were discovered. Since its discontinuation in 1978 no U.S. homes have been contaminated with lead paint. However, particularly in older homes, the danger of serious personal injury persists when old paint is uncovered during remodeling.

When they check into a Philadelphia hospital, people expect the treatment they receive to make them better. But sometimes patients are exposed to virulent bacteria during the course of treatment that can not only make them sicker, it can kill them. C. diff is the latest infectious bacteria to pose a medical malpractice threat to patients in Philadelphia hospitals and nursing homes. The spread of dangerous C. diff bacteria is a problem not just in Philadelphia but in hospital and health care facilities nationwide.

Clostridium difficile (C. diff) is a common cause of bacterial colon infections linked to antibiotic use. Antibiotics interfere with the normal bacteria in the bowel, allowing the growth of C. diff. Because most patients who contract C. diff exhibit no symptoms, the infection is difficult to diagnose, often delaying appropriate treatment.

According to a recent report, C. diff has surpassed MRSA, a deadly drug-resistant staph infection, as the most common infection contracted in hospitals and nursing homes. According to the Centers for Disease Control and Prevention, 6,432 Americans died from C. diff in 2007, the most recent figures available. That's more than an 800% increase from 2006 when 793 Americans died from C. diff. The rapid increase and spread of C. diff in Philadelphia and other U.S. hospitals and nursing homes has public health officials on high alert. Of considerable concern is the increasing virulence of this bacterial infection.

CDC audits of infection prevention programs have shown marked decrease in the incidence of C. diff when hospitals increased vigilance about staff hand washing, surface cleaning and the isolation of infected patients. If you or someone you love has been the victim of hospital negligence and been exposed to C. diff, an experienced medical malpractice attorney can review your case and inform you of your legal rights.

After an unusually cold and snowy winter, Philadelphians are enjoying a spell of warm, sunny spring weather. The near-summer temperatures have brought flowers into bloom. A few early birds have fired up their lawn mowers and dusted off their weed-whackers. Kids are clamoring on the playgrounds and families stroll along Philadelphia's sidewalks. And the bikers are back! As soon as it starts to warm up, Philadelphia motorcyclists tune up their bikes and hit the road, eager to enjoy the open road and feel the wind against their face.

Every spring the risk of Philadelphia motorcycle accidents increases. Cars and trucks that have largely had the roads to themselves must once again learn to share the highways with motorcycle riders. And Philadelphia motorcyclists need to adhere to traffic rules themselves while watching for unwary drivers. Motorcycle accidents have already been reported in several Midwestern states, including a fatal motorcycle crash in Chicago that killed two. Every spring and summer thousands of personal injury motorcycle accidents maim and kill drivers and riders in Philadelphia and across the country.

According to the latest statistics from the U.S. National Transportation Safety Administration figures, the motorcycle driver was speeding in nearly a third of motorcycle accidents that result in personal injuries or fatalities. Nearly 20% of motorcyclists who were not wearing a helmet suffered serious head injuries. And one-quarter of motorcycle accidents nationally involved an unlicensed driver. Despite these serious issues, many motorcycle accidents occur when car or truck drivers fail to see motorcyclists or fail to give motorcycle riders the space and roadway courtesy they afford other vehicles.

If you are involved in a Philadelphia motorcycle accident that results in personal injury, consult a Philadelphia personal injury attorney with experience in handling motorcycle accident claims.