Philadelphia Top Injury Lawyer Blog

Highway deaths in Pennsylvania for 2010 total 1,324. This represents a number that is up an alarming 68% from the previous year in 2009. In 2009, in the five-county Southeastern Pennsylvanis region, highway deaths dropped to 226 from 251 in 2009 accoring to the Philadelphia Inquirer. While road deaths declined slightly in the Philadelphia region in general, highway fatalities rose in general from the historic lows of 2009. Philadelphia still has the highest incidence of deaths and injuries on the road in the Southeastern region of Pennsylvania.

Fortunately death tolls are still not yet seeing all time highs again as they did in 1970 when there were 2,555 fatalities and thousands of injuries on the roads as well. However, now, with the new 2010 statistics released and available, many Philadelphia residents are wondering why the dramatic increase in highway deaths has unfolded and what can be done to make Pennsylvania's highways safer. Namely, how can we help teen drivers stay safer. Drivers between the ages of 16 and 17 were among the groups whose fatalities and crashes increased the most.

If you feel that you or a love one has suffered wrongful death or injury while on the road in Philadelphia or Pennsylvania, it is important to get the facts as soon as possible to avoid statute of limitations and get whatever you may be entitled to. Contact a Philadelphia accident lawyer or a Philadelphia injury lawyer today.

Just a few months ago, a Megabus crash on Onondaga Lake Parkway left several passengers and a driver injured and proved fatal for four passengers. This tragic accident is still under question as four of the 28 passengers have filed personal injury lawsuits against the bus company.

According to reports, the passenger's lawsuits seek more than $50,000 each in compensation for damages including injuries suffered as a result of the crash. The Megabus involved in the crash was on its way from Philadelphia to Toronto. When the Megabus took a wrong turn in Syracuse, the bus crashed into a CSX railroad bridge on the Onondaga Lake Parkway.

Both the driver of the bus and the railroad company are being looked at by an Onondaga county grand jury for criminal charges. Lawsuits have been filed in the U.S. District Courts in New York and Pennsylvania as well as the Court of Common Pleas in Philadelphia. Megabus driver John Tomaszewski, 59, of New Jersey has been named as the defendant in one case. Investigation into whether Tomaszewski was properly trained and licensed to drive the bus is underway. Other defendants in the case include Megabus Philadelphia LLC, Megabus USA LLC, Megabus Northeast LLC, Coach USA Inc and Coach USA Northeast. A Philadelphia injury lawyer or Philadelphia accident lawyer can help if you have been injured in a crash involving a commercial vehicle.

Accidents in a big city like Philadelphia are an unfortunate reality, and no amount of fiddling with policy or reworking traffic engineering rubrics will eliminate the risks associated with taking your car, motorcycle, bike, or other vehicle on local surface streets and highways. But two recent stories have many local residents concerned. Both involved trains operated by the Southeastern Pennsylvania Transportation Authority (SEPTA).

The first incident happened in Park Side in West Philly on November 18th at 49th Street and Lancaster Avenue at around 7:30 in the evening. An SUV slammed into a Route 10 trolley, causing injuries to eight people. 3 people in the SUV and 5 trolley passengers were sent to University of Pennsylvania Hospital and treated for minor injuries. Fortunately, early reports suggest that none of the injuries was serious.

A second SEPTA accident resulted in much graver consequences, however. An as-of-yet unidentified man got run over by a SEPTA train near Market Street and 34th at approximately 1:04 PM. The Market-Frankford line train slammed into the man while he was on the west bound tracks - reports thus far have not confirmed whether he jumped onto the tracks or fell.

Now, obviously, the SEPTA service provides essential transportation for city residents and the Philadelphia business community. And a Philadelphia accident lawyer would have to make a probing investigation to determine how or whether any of the hurt parties would have legal redress against the city or against any other potential defendants. All that said, it costs nothing for injured victims (or family members of hurt victims or people who have been killed in accidents) to consult with a Philadelphia injury lawyer about best practices.

Often, examining a traffic accident or other injury case is like peeling an onion. As you go deeper into the layers, more nuances are revealed. For instance, the case of the SUV crashing into the trolley may seem cut and dry based on the news reports. But a probing analysis may show that the SUV's brakes malfunctioned, contributing to the crash; or that the trolley driver had been driving under the influence of prescription medications. These subtleties can profoundly influence your potential legal remedies to get paid for your medical bills, pain and suffering, and other costs.

Furthermore, an actionable situation may emerge long after the accident. For instance, say you got hurt in a car crash near a SEPTA station and got taken to a hospital to be treated for a slipped disc. Then the doctor who operated on you exacerbated your injury through carelessness or negligence. In that case, you might need a Philadelphia medical malpractice lawyer to help you extract compensation for any follow up surgery you need, time off work and so forth.

Continue reading "Pre-holiday Traffic Accidents Set Philadelphia on Edge" »

Last Sunday, two Philadelphia accidents shocked and shook the city - hammering home just how dangerous it can be to conduct regular business in town.

On Sunday afternoon at around 3 PM, seven different vehicles got involved in a chain reaction crash on Roosevelt Boulevard. The traffic backlog led to hour-long delays on the northbound lanes and resulted in the hospitalization of one person. The cause remains under investigation.

In a separate event at around 11:45 Saturday night, November 13th, a truck slammed into multiple concrete barriers and flipped over, killing the driver. Apparently, the 22-year-old had been returning from a Philadelphia Flyers game, when his speeding pickup flew out of control on Morrell Avenue (3700 Block), flipped over, and slammed into the wall of a nearby rehabilitation facility. A passenger survived and got treated at a Torresdale area hospital.

A Philadelphia accident lawyer advises victims in crashes about what to do to collect compensation for property damage, medical and surgical bills, wages lost at work, pain and suffering, and so forth. A Philadelphia injury lawyer would closely examine both the cause of the accident and the actions taken by the various parties afterwards. Often, accidents that you read about in local newspapers are far more complicated than the simple narratives may suggest.

For instance, in the seven car collision, perhaps multiple factors conspired to cause the crash. Perhaps poor road signage, a defective brake on one car, heavy traffic, inclement weather and another driving talking on a cell phone could have all "collaborated" to set the stage for the accident. To get a true objective understanding of how the crash happened, who "caused it," what else contributed to the disaster, and how all these causal factors led to harm to various people, you really need to thoroughly analyze what happened, talk to experts, pore over witness statements and police reports, and lean on established case law to figure out how best to proceed.

A Philadelphia medical malpractice lawyer will use the same kind of thinking when he or she assesses a claim of doctor negligence, a diagnostic mistake, or a pharmacist error. Essentially, you need to be able to tie some kind of error, omission, or negligent act (or failure to act) to a Philadelphia victim's harm and/or damages. This may sound like a simple task. But you might be surprised by the diversity of resources available to defendants. Even a small "logic gap" in your argument can scuttle your case. So it's imperative to lay careful groundwork for any kind of claim.

Continue reading "Two Philadelphia Accidents Graphically Illustrate the Perils of City Driving" »

Last week, a horrifying New Philadelphia auto accident unfolded while bystanders watched, helpless to intervene. Although this blog typically reports only on Pennsylvania and Philadelphia personal injury matters, this horrific crash merits some extra attention.

Blow by Blow of a Horror Story

In the middle of the afternoon in Ohio's Stark County, an 83-year-old man named Peter Mingo lost control of his Ford Explorer and started driving chaotically. Other cars veered out of the way to avoid getting hit. One witness, David Mathey, followed the vehicle to track it down and prevent it from hitting someone. Mathey later reported: "I thought, oh my God he is going to kill somebody." Unfortunately, Mathey and the Ohio Highway Patrol could not get to the Explorer in time. The vehicle swerved into the southbound lane on Route 800 and slammed into a Mercury Grand Marquis and then spun off and hit a 2003 Jeep Liberty. All told, the accident resulted in the deaths of four people - Peter Mingo (the driver of the Explorer), 61-year-old Bruce Goudy, 5-year-old Kira Goudy and 8-year-old Alex Goudy.

Mingo's daughter was horrified at the news and reported that her father had been taking nearly two dozen different medications. Possibly, some bad drug interaction made Mingo suddenly lose control of his vehicle and not be able to stop in time.

This Philadelphia personal injury story highlights an important lesson: namely, that normal freeways and streets can turn quickly chaotic and deadly without any advanced warning. Since driving is something that most of us do on a regular basis, we tend to underestimate its risks -- e.g. the dangers associated with driving to the grocery store or dropping our kids off at school. But statistical analyses paint a scarier picture. Even a cursory look at Pennsylvania Department of Transportation and National Highway Traffic and Safety Administration statistics reveal just how dangerous the simple act of driving can be.

The takeaway here is that it is well worth everyone's time to examine systems, tactics and strategies to reduce the number and severity of Philadelphia auto accidents. On a personal standpoint, for instance, you might rethink driving at the most dangerous times - such as Friday and Saturday nights and holidays like the 4th of July, Labor Day and New Year's Eve. You should also eliminate any distractions that could imperil your ability to drive defensively. Most people know not to drive under the influence of alcohol or drugs and to avoid driving when overly fatigued. But few realize that driving while talking or texting on a cell phone can be as hazardous. Indeed, some recent studies - conducted by institutions like Virgina Tech - suggest that driving while texting may be even worse than driving under the influence of alcohol.

If you or a family member got injured in a Philadelphia auto accident, or if you suffered significant property damage, you may need a lawyer to represent you to get you compensated for your wages lost, medical bills, and pain and suffering.

Continue reading "New Philadelphia Auto Accident Tragedy Ends with Four Dead as Horrified Bystanders Watch" »

Barely a week ago, Philadelphia Flyers playoff hero Danny Briere and his 9-year-old son fortunately escaped serious personal injuries when they were involved in a car-truck accident in New York just north of the Pennsylvania border. Just after midnight, a tired Briere drifted into the truck's lane. His car smashed into the guardrail; the tractor-trailer jackknifed and overturned. Briere sustained injuries to his arm and hand which are not expected to affect his future with the Flyers. His son and the truck driver suffered minor injuries.

The prognosis is considerably less rosy for Giants' rookie safety Chad Jones. A severe personal injury car accident early Friday morning may have cut short his promising NFL career. Jones suffered severe personal injuries when he lost control of his SUV and crashed into a utility pole while in New Orleans for the Giant's training camp. Jones recently signed a 4-year, $2.615 million contract with the Giants.

After being cut out of his car, Jones was transported to Louisiana State University Trauma Center where he remains in "guarded condition" following several hours of surgery to repair his shattered leg. Jones' father told reporters that while the surgery was successful, Jones faces a long and painful rehabilitation. Jones is expected to remain in the hospital for some time due to the severity of his injuries and risk of infection. Jones hopes to regain the use of his leg, but his NFL career is in serious jeopardy. Two passengers in Jones' car suffered minor personal injuries. Police are investigating.

Injuries to sports stars grab the headlines, but serious Philadelphia personal injury car accidents often exact the same high costs -- months of hospitalization and rehabilitation, loss of income and possible life-altering permanent disability. When serious car accidents occur, Philadelphia personal injury lawyers can protect your rights and pursue damage claims to which you may be entitled, allowing accident victims and their families to concentrate on recovery.

As Philadelphia motorists head into Memorial Day, one of the busiest driving weekends of the year, drivers should be aware of the steps they should take if they are involved in a Philadelphia car accident. Making the right decisions and following correct procedures after a Philadelphia car accident can be critical to preventing additional personal injuries and speeding resolution of medical and auto repair bills. When serious personal injuries occur, following recommended procedures will protect your legal rights.

Seek safety. If possible, move your vehicle out of traffic. Get yourself and others to a safe area along the side of the road and away from traffic. If there is no safe place to wait for help, stay in your vehicle and keep your seatbelt on.

Call for help. Call 911 and tell the operator what happened, the location of the accident, the medical condition of accident victims, damage to vehicles involved; and your cell phone number. If possible, keep the line open while waiting for help to arrive.

Exchange information. Exchange information with the other driver, including his name, address and phone number. Write down the make, model, color and license plate number of other vehicles involved and record insurance company names and contact information. If there were passengers in the other vehicle, get their names and contact information.

Document the accident. Record the date and time of the accident, weather conditions, location and direction each vehicle was traveling. If you have a camera phone, take pictures. Get names and contact information of any eyewitnesses.

When a car accident results in serious personal injuries, contact an experienced Philadelphia personal injury attorney for a free case evaluation.

A tragic multiple truck accident not far from Philadelphia shut down a 26-mile stretch of the New Jersey turnpike for nearly 8 hours this week. The 3-truck accident, which occurred near Chesterfield, NJ, south of Trenton, involved a box truck, a dump truck and a tanker trailer loaded with 8,000 gallons of volatile kerosene. Accident investigators believe the box truck rear-ended the tanker, pushing the vehicles into the path of the dump truck. The box truck driver was killed and the tanker driver remains hospitalized with serious personal injuries.

Commercial trucks are responsible for more than 12% of Philadelphia vehicle collisions. This week's crash on the New Jersey turnpike was unusual in that it involved three trucks, perhaps because it occurred at 1:00 a.m. when truck traffic is heavy and automobile traffic is light. In the majority of Philadelphia truck accidents, a truck collides with one or more cars. A car is no match for a truck and fatalities and severe personal injuries are frequent in such collisions. When trucks and cars collide, Philadelphia personal injury attorneys investigate log books, GPS data, black box data and engine computers to identify actions taken by the truck driver prior to and during the crash. Frequently, truck driver exhaustion, failure to track cars that wander into the truck's blind spot and truck maintenance issues are found to be contributing factors in truck/car accidents.

When truck accidents occur, a Philadelphia personal injury lawyer with expertise in investigating and litigating truck accidents is aware of the many demands trucking companies may put on their drivers. Pressure to meet delivery deadlines can cause truck drivers to disobey federal safety rules and drive more hours than allowed, resulting in driving errors, aggressive driving or lack of concentration. If you or a loved one suffers personal injury in a truck accident, consult an experienced Philadelphia personal injury attorney for a free case evaluation.

During rush hour this morning, the Philadelphia driver of a minivan lost control of his vehicle and plowed into a parked car on Ben Franklin Parkway. The force of the Philadelphia car accident triggered a chain reaction that damaged two additional vehicles. No serious personal injuries were reported, and the accident is under investigation. It is not yet known what caused the driver to lose control.

Driver error is sometimes found to be the cause when a car veers out of control and causes property damage or a personal injury accident. Other times, the problem is mechanical failure as was the case recently with Toyota's accelerator problems. Many Toyota vehicles as well as other manufacturers' cars and trucks are equipped with a black box attached to the engine that records vehicle performance data during a crash. Used by automakers to solve problems, Philadelphia personal injury lawyers now regularly request that black box accident data be shared. While many automakers comply, Toyota typically had not.

In the wake of the recent Toyota recall, the U.S. House Energy and Commerce Committee has released a draft bill of legislation that would increase vehicle safety for Philadelphia citizens. The proposed legislation would require all new cars and trucks to be equipped with black boxes to aid car and Philadelphia truck accident investigators. The legislation would also eliminate the cap on civil penalties that limits automaker liability. If made into law, the measure would also beef up National Highway Traffic Safety Administration authority, enabling it to order immediate vehicle recalls if it believed a vehicle posed an "imminent hazard of death or serious injury."

Philadelphia personal injury attorneys support any measure that allows the victims of personal injury car accidents to obtain facts about car crashes. Black box findings could be a real help to Philadelphia personal injury investigators working to reconstruct car accidents.

If our last post we shared some of the tricks of the trade Philadelphia personal injury attorneys use when investigating car accidents and truck accidents. Investigation is crucial in determining fault and responsibility when serious personal injury car accidents occur. Today, we continue our list of Philadelphia personal injury car accident investigation tips:

Was either driver talking or texting on his cell phone? Police can subpoena cell phone records to determine if calls were made or received during the accident time. Personal injury lawyers can gain access to these records when a legal action is implemented.

Were the car's headlights on? Because headlights make a car more visible in low light, this question is particularly important when car accidents occur during twilight or early dawn hours. Investigators examine the light bulb filament inside the headlamp. The filament would be cold if the headlights were off and would crack or snap into pieces on impact. If the headlights were on, the filament would be hot and would stretch and twist on impact.

Where in the roadway was each car? The location of each car in the roadway at the time of the accident helps Philadelphia personal injury attorneys determine whether either driver was changing lanes, preparing to turn, trying to avoid an obstruction in the parking lane or had, perhaps, ventured outside his lane or over the median. Measurements between the point of impact and lane barriers help investigators determine each vehicle's path prior to and during the accident.

Was either driver drunk or driving impaired? While field sobriety tests are not administered by police in every auto accident, they are usually conducted if the officer has reason to suspect alcohol or drug impairment. When sobriety tests are not conducted, personal injury lawyers may canvass accident witnesses or friends and associates of the drivers to determine whether either driver engaged in alcohol or drug use just prior to the accident.

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.

Most Philadelphia drivers may not realize that the choices they make when they purchase car or truck insurance may some day impact the outcome if they are involved in a personal injury car accident or truck accident. When purchasing insurance, Philadelphia drivers must choose between Full Tort or Limited Tort insurance. In case of a car accident, limited tort insurance forces the car owner to assume the burden of recovering funds to pay for pain and suffering endured when a serious personal injury is sustained. Full tort insurance places that burden on the insurance company in exchange for higher insurance fees.

In order to recover funds for pain and suffering, the victim of a Philadelphia car accident or truck accident or their family must show that the personal injury suffered was severe enough to cause serious impairment of body function, permanent disfigurement or death. If you suffer serious injury in a car or truck accident, it is advisable to seek the advice of an expert Philadelphia personal injury attorney with experience in handling full tort and limited tort auto accident claims.

Generally, muscle strains and other injuries that may cause pain or problems for several months but do not result in lifelong chronic issues are insufficient to obtain pain and suffering compensation; however, there are exceptions. Obtain the appropriate diagnostic tests that confirm your injuries may be crucial to your case. An experienced Philadelphia personal injury lawyer can advise you on medical tests that can support your claim and other necessary measures that you should take.

When Philadelphia auto owners choose full tort insurance, their ability to recover for pain and suffering is not limited, even for minor injuries. Either tort option allows injured parties to recover for economic loss, including lost wages, property damage and excess medical bills. If you have been in a car or truck accident, consult a Philadelphia personal injury attorney for a free case evaluation.

Auto safety issues seem to be making Philadelphia headlines daily. Honda yesterday announced a recall of Element and Odyssey models to repair squishy brakes. A vehicle stability assist modulator connected to the brake assembly appears to be faulty and has been linked by the National Highway Traffic Safety Administration to several car accidents. The recall comes on the heels of Honda's recall of nearly half a million vehicles for malfunctioning air bags that can burst and cause serious personal injury, peppering vehicle occupants with metal fragments.

Toyota's acceleration problems continue to worry Philadelphia car owners and baffle federal regulators. Despite several repair efforts, sudden acceleration on Toyota vehicles remains a problem. Federal regulators are now investigating whether cosmic rays from space, known to affect airplane and space shuttle systems, might be interfering with car computer systems. NHTSA has also tracked fatal acceleration car accidents to Ford and Chrysler vehicles.

In their nationally syndicated column Car Talk, Tom and Ray Magliozzi advise drivers to shift their car into neutral if the gas pedal sticks or the car starts to accelerate on its own. Shifting into neutral disengages the engine from the wheels so that even if the engine continues to rev, the car will slow down and eventually stop. Shifting into neutral is preferable to turning off the key because it allows the driver to maintain control of the car. In neutral, the power steering, power brakes, ABS and other vehicle systems continue to work. Turning off the key shuts down all these systems and can activate the steering wheel lock, giving the driver absolutely no control over the runaway vehicle.

If you are in a car accident caused by uncontrollable acceleration or vehicle malfunction, a personal injury attorney can provide a free case evaluation and advise you of your legal rights.

Philadelphia personal injury lawyers and Philly consumers were appalled to learn that Toyota has for years been collecting car crash data but failed to reveal or share it to protect consumers. According to an Associated Press investigation published this week, Toyota has consistently stone-walled authorities by denying access to vital information about vehicle accidents collected in the event data recorders installed in every Toyota car and truck. As part of their continuing quality control efforts, most auto manufacturers use event data recorders, also called EDRs, to record engine, computer and other operating system data about their vehicles. Working much like the "black box" devices used in commercial airplanes, these electronic recorders provide the manufacturer with vital data about the vehicle's performance -- and failure -- if it is involved in a car accident.

Most automakers allow open access to EDR data. This data can be invaluable to police and insurance investigators as well as Philadelphia personal injury lawyers trying to determine the cause of an auto accident or truck accident. The Associated Press investigation found that Toyota frequently refused to share critical information with crash victims and accident survivors. When forced by personal injury attorneys during court proceedings to provide EDR data, Toyota frequently provided blank or incomplete data sheets or initiated out-of-court settlements. Unlike other auto manufacturers, Toyota EDRs use proprietary software that effectively restricts access to EDR information by auto accident investigators. According to the Associated Press, last week only one computer in the entire U.S. was equipped with the software necessary to read Toyota EDR data.

Toyota's recall of 8 million vehicles plagued by runaway accelerator and faulty brake problems has affected thousands of concerned Philadelphia car owners. If you own a Toyota car or truck and have been involved in an accident, contact a Philadelphia personal injury attorney for a free case evaluation.

Eighty-five inches of snow! A normal winter in Minnesota or North Dakota where brutal winters are the norm; but in usually temperate Philadelphia it's a record that has closed airports, halted trains, downed power lines, sent school children home, caused cars to careen into each other and sent Philly residents sliding across sidewalks. Mother Nature's most recent wallop has contributed to numerous Philadelphia personal injury accidents and several deaths. Philadelphia car and truck accidents, slip and fall accidents and personal injury accidents caused by snow blower malfunctions have increased in the wake of the latest Nor'easter to blow through Philadelphia.

Yesterday, Pennsylvania highway officials cut the maximum speed on I-476 and later banned tractor-trailers because of dangerous whiteout conditions. Accident reports on I-95 exceeded troopers' ability to respond and non-injury accident victims were instructed to exchange information and struggle home. A woman and her son died and her husband and two other children were rushed to the emergency room yesterday when their car slid off icy I-80 in the Poconos. Amtrak suspended service for several hours along its heavily trafficked Boston to Washington corridor when a high-speed train struck and killed two Philadelphia pedestrians just south of the city yesterday morning.

The snow dumped on Philadelphia is so wet and heavy that it's clogging snow blowers, increasing personal injury risk to fingers and hands as people struggle with malfunctioning snow blowers, attempting to unclog snow-packed chutes. Mixed with rain, the wet snow is causing an icy slip and fall hazard for Philadelphia pedestrians skidding along sidewalks and attempting to traverse ice-slicked parking lots.

When weather plays a role in personal injury accidents, it takes exacting investigation by a highly experienced Philadelphia personal injury lawyer to determine legal fault. If you have suffered a personal injury accident during this latest round of storms, contact an expert Philadelphia personal injury attorney to assess your claim and explain your legal rights.