Recently in bicycle accidents Category

July 18, 2011

Court Did Not Err in Ruling Against Philadelphia Family in Defective Helmet Case - Covell v. Bell Sports Inc.

As a Philadelphia accident lawyer, I was saddened to read about a ruling against a family struggling with a serious brain injury. In Covell v. Bell Sports Inc., David W. and Margaret Covell of Philadelphia sued a helmet manufacturer on behalf of their adult son, David F. Covell. The younger David Covell was riding a bicycle to his job as a schoolteacher when he was hit by a car at the entrance to the school's parking lot. He suffered such serious brain injuries that he is now disabled and his parents have been appointed as his legal guardians. On his behalf, they sued Bell Sports, the maker of his bicycle helmet, alleging that it was defectively designed and defectively failed to warn users about the risks of a blow from the edge of the helmet.

The appeal turned in part on the instructions given to the jury. Many states use a privately published standard called the Restatement of Torts, a collection of caselaw that states can voluntarily adopt in order to keep current with new decisions. Pennsylvania uses the Second Restatement of Torts, which was published in the 1950s. However, the law on products liability -- the cause of action in the Covells' case -- has seen so many changes since then that a Third Restatement of Torts: Products Liability was published in the 1990s. Importantly for this case, the Third Restatement allows manufacturers to defend themselves by arguing that their products meet applicable standards. Pennsylvania has not formally approved the Third Restatement, but the judge in the Covells' trial instructed the jury according to the Third Restatement.

On appeal, the Covells argued that the judge should not have used the Third Restatement, since it has not been adopted in Pennsylvania, and that federal safety standards for bicycle helmets were in any case inadmissible. The Third Circuit disagreed on both counts. In 2009, the Third decided in Berrier v. Simplicity Manufacturing Inc. that Pennsylvania will eventually apply the Third Restatement, making that the correct standard. It declined to overturn that, dismissing an argument the Pennsylvania Supreme Court's dismissal of a relevant case means it does not intend to take up the Third Restatement. The Third then addressed the Covells' other argument, that federal bicycle helmet standards used at trial are not admissible because they are not described in the admissible portions of the Third Restatement. Again, it disagreed, saying that the federal standards described issues like testing and labels that are within the admitted part of the Third Restatement. Thus, it affirmed the district court's judgment and ended the Covells' case.

At oral arguments in this case, the Legal Intelligencer reported, Third Circuit judges acknowledged that the situation is not at all settled for Pennsylvanians involved in products liability cases. That's why, as a Philadelphia injury lawyer, I would be very interested in clear input from the Pennsylvania Supreme Court. The Supreme Court is supposed to adopt or not adopt new standards, but the Third did it in Berrier because the state high court expressly declined to. Thus, it's possible that the court will ultimately come to the opposite conclusion, which would mean the Covells could have won their case if they had brought it later.

Continue reading "Court Did Not Err in Ruling Against Philadelphia Family in Defective Helmet Case - Covell v. Bell Sports Inc." »

March 22, 2011

Tragic Hit and Run Accident in Philadelphia

In a tragic case of hit and run, a Philadelphia bicyclist was seriously injured after being hit by a motorist this weekend. Meurig James, a Philadelphia area resident, is being called a "lucky" survivor of such a serious accident.

Mr. James is an award winning amateur cyclist who can no longer walk at this time. His injuries include bleeding into the lungs, a broken right collarbone, a fractured ankle, fractured patella (knee cap), and a collection of blood in his abdomen. Doctors at the University of Penn, where he is being treated, feel that James will need months of rehabilitation just to get strength back in his legs, hopefully enough to walk again.

According to reports, he was hit riding his bicycle Friday evening just after 7 p.m. near the Please Touch Museum. The driver of the car, likely a white SUV, never stopped. Mr. Jame's employer is offering a $5,000 reward for any information leading to the arrest of the driver, who, according to the victims girlfriend, knew he hit someone and just drove off. The Philadelphia accident is under investigation as police are using car parts found on the scene in hopes that they may be lead to the driver.

Cases like these are extraordinarily sad. Accident victims suffer months, possibly even much longer out of work, lost wages, financial damages, emotional hardship and more due to their injuries. If you or a loved one has been the victim of an accident, contact a Philadelphia injury lawyer or a Philadelphia accident lawyer right away.

November 18, 2010

6.125 million jury verdict announced just hours from Philadelphia

A large verdict was reached in the Kings County Brooklyn Supreme court, just a few hours north of Philadelphia. The plaintiff, who was working as a delivery man riding his bicycle in 2005, was struck by a speeding rental care, and sustained serious personal injuries.

The Kings Supreme Court ruled, in an awe inspiring verdict, that the vehicle's driver and the rental car company of the car he was driving, Dollar Rent a Car, were entirely liable for the accident. The plaintiff was awarded 3 million of past pain and suffering, $125,000 for future medical costs, and $3 million for future pain and suffering, amounting to a total of about 6.125 million in rewards.

After the accident, the plaintiff sustained multiple vertebral fracture, open freactures of his leg, forearm, and a head injury that resulted in brain damage due to a subarachnoid hemorrhage and swelling of the brain. Reports note that the plaintiff lost six months of work and still has residual cognitive impairment and pain.

Philadelphia injury lawyers report that accidents where bicyclists are injured are not very uncommon. All too often, the injured party does not know his or her rights and may not exercise them in order to get the financial compensation he or she is owned and needs for medical care. If you or a loved one has sustained has sustained similar injuries, contact a Philadelphia accident lawyer today.

June 25, 2010

Tragic Accident Kills Pennsylvania Teen During Charity Ride

Just 10 days from his destination, John Anczarski's cross-country charity bike marathon ended in tragedy this week. While cycling through New Mexico, an SUV ran the 19-year-old Pennsylvania native off the road near Laguna, New Mexico, about 50 miles west of Albuquerque. Anczarski suffered severe head trauma and other serious personal injuries in the car-bicycle accident. He was transported to the University of New Mexico hospital where he was pronounced dead Tuesday.

An engineering student at the University of Colorado, Anczarski and three friends left Ringtown, Pennsylvania, Anczarski's hometown, on May 23 headed for California. The group was riding in support of Anczarski's ambitious charity project, "The Pink Pedal: Riding Hard to Fight Breast Cancer." Garnering community support along their route, the young men had raised several thousand dollars before the fatal car accident took Anczarski's life.

Anczarski's fellow riders reported that an older man was driving the SUV when the car struck Anczarski. They said the driver did not immediately stop but did return to the crash site. Because the accident occurred on tribal lands owned by the Pueblo Indians, the car accident Investigation has been turned over to the Bureau of Indian Affairs.

A bicycle is no match for a car. Car-bicycle accidents are all too common when such mismatched vehicles share the road. According to the Bicycle Coalition of Greater Philadelphia, an estimated 36,000 Philadelphia commuters bicycle to work at least once a month. Bike traffic is particularly heavy in Philadelphia's Center City and on bridges crossing the Schuylkill. The number of bicycle riders cruising Philadelphia streets has more than tripled over the last decade. With more bikers on the roads during the summer, both cyclists and car drivers need to drive defensively and follow the rules of the road to avoid accidents.

If you are involved in a bicycle-car accident, an experienced Philadelphia personal injury lawyer can ensure that your rights are protected.