Philadelphia Personal Injury Lawyer Blog

A Villanova University alumna visiting the area for the school's homecoming weekend was killed Saturday night when she was struck by a car, police said.

Ossola, a former president of Chi Omega sorority, was with her sister when she was struck by a 2008 silver Jeep Liberty about 11:20 p.m. in Bryn Mawr, Lower Merion. She was crossing Lancaster Avenue from the north side near Thomas when the eastbound Jeep hit her.  According to police, Ossola was taken to Bryn Mawr Hospital with head injuries and died at 11:52 p.m.

Ossola graduated in 2010 with a degree in economics and a minor in finance and math. She was working at PNC Bank in Pittsburgh as an analyst in the global treasury-management department.

Source:

The sudden, tragic wrongful death of a loved one, resulting from an accident caused by negligence, is the most devastating loss that an individual or family can endure.  While no amount of money can replace a loved one, filing a wrongful death lawsuit may be the only way to get the restitution you deserve and help to deliver justice to the guilty party.

Continue reading "Villanova University Alumna Killed in Philadelphia Car Crash " »

As a follow up to my previous story, on Monday, October 24, 2011, a public hearing will be held on House Bill 1552.  House Bill 1552 is an unconstitutional Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes.  The Bill holds that "Notwithstanding any other law, a civil action or proceeding brought to recover damages for death or injury to a person may only be filed in the county in which the cause of action arose."  

The act is unconstitutional as it violates the Constitution of Pennsylvania, which vests this power solely with the Supreme Court.  In addition, it is unfavorable to accident victims throughout the state because it provides harsh limitations on the plaintiff's choice of venue.   

Molsky v. Stang

The Accident occurred on Nov. 29, 2004, when the plaintiff was driving westbound on East Pittsburgh St. in Greensburg, Pa.  In court papers, the plaintiff alleged that she came to a stop at the intersection of Davis Center in order to turn left, at which time another driver stopped in the left eastbound lane, waved her through to complete the turn.

Relying on the driver's signal, the Plaintiff made a left hand turn, at which point the passenger's side of her Dodge Neon was broadsided by an the Defendant driving an Acura sedan driven who was eastbound in the left lane of East Pittsburgh St.

As a result of the accident, the plaintiff was rushed by ambulance to a hospital where she underwent open reduction internal fixation on a fractured right tibia which later required implanted surgical hardware. 

The jury found no negligence by the defendants. 

Source

Any motorist approaching such an intersection is required to utilize a high degree of caution.  The law recognizes that a left turn is a hazardous maneuver because the left turning vehicle enters the lane of traffic for other vehicles.  In fact, some courts have stated that the left turn is the most dangerous maneuver a motorist may execute.  Therefore, great caution should always be undertaken.

The owner's burden placed upon a left-turning motorist is not discharged by the mere signaling of an intention to turn. The giving of a signal is immaterial if at the time the driver of the turning vehicle did not have the opportunity to make the turn in safety.

On October 14, 2011, Wise Bread wrote an article for U.S. News entitled 5 Common Travel Insurance Myths.  The article listed the following common misperceptions about travel insurance::

1. Emergency medical assistance is included

2. Having trip protection with a credit card is sufficient

3. Travel insurance doesn't cover airline delays

4. Activity-related Injuries aren't covered

5. You don't need rental car damage protection

I agree that consumers should be aware of these common myths prior to purchasing travel insurance.  However, I am supplementing this list with what I believe is perhaps the most important tip of all.   

6. Don't purchase travel insurance unless you are willing to fight to get your benefits.

Perhaps the most common myth regarding insurance is that the insurance company will honor the insurance agreement and fairly pay your claim.  In my personal injury practice, I see valid claims denied and undervalued by insurance companies on a daily basis.  Insurance companies know that most insureds do not have the experience or resources to stand up for their rights so they routinely deny valid claims in hopes the insured does not pursue the matter. 

A few years ago, my mother purchased travel insurance in case an emergency prevented her from going on a cross country trip.  As luck would have it, upon arrival at the airport, my mother realized that she had forgotten her identification.  Without an ID, she was not allowed through security and missed her flight to the west coast.  Therefore, she filed a claim under her travel insurance policy since this unanticipated emergency was clearly covered.

To her surprise, the claim was denied.  I took up the appeal on her behalf, which, by agreement, went back to the insurance company for a second review.  The insurance company denied the claim again.  As per the policy, the next step was to submit the claim to binding written arbitration.  I spent several hours drafting an argument to the arbitrator regarding why my mother had a valid claim.  Perhaps my most convincing argument was that the insurance company denied the claim twice - failing to cite any policy exclusion or reason.  Finally, a win.  The arbitrator found in my mother's favor and she was awarded the price of her airline tickets.  The whole process took months to resolve and stole many hours of my time.  All for an award totaling approximately $500. 

In summary, I believe the most important thing to keep in mind when purchasing travel insurance (and any insurance) is that even if you are covered it is likely your claim will be denied or undervalued and you will have to fight the insurance company.  So I pose the question, is travel insurance really worth it?

On November 22, 2011, the Luzerne County Court of Common Pleas found that the plaintiff in an automobile accident was entitled to partial summary judgment as  the defendant's attempt to assert a funeral procession as an affirmative defense was inapplicable to him.

The accident occurred on July 28, 2006, in Hanover Township, Pennsylvania.  The plaintiff was injured when his vehicle was struck by the defendant, who admittedly drove through the stop sign.  The defendant asserted as a non-lead vehicle in a funeral procession he did not need to stop at the stop sign.  However, the defendant also admitted that he was not part of the funeral procession and mistakenly joined the line of cars believing the vehicle had "car trouble" and was forced to proceed. 

The Motor Vehicle Code governs the responsibilities of drivers in a funeral procession.  The Statute reads as follows:

§ 3107.  Drivers in funeral processions.

(a)  General rule. --The driver of a vehicle which is being driven in a funeral procession may:
   (1) Park or stand irrespective of the provisions of this part.
   (2) Proceed past a red signal indication or stop sign if the lead vehicle in the procession started through the intersection while the signal indicator was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection.
(b)  Visual signals required. --The privileges granted by this section shall apply only if each vehicle in the funeral procession displays lighted head lamps and emergency flashers and bears a flag or other insignia designating it as part of a funeral procession.

(c)  Right-of-way to emergency vehicles. --This section does not relieve the driver of a vehicle which is being driven in a funeral procession from yielding the right-of-way to an emergency vehicle making use of audible and visual signals, nor from the duty to drive with due regard for the safety of all persons.

The Court found that the defendant was not entitled to avail himself to the privileges accorded to drivers of motor vehicles in a funeral procession because he was not part of the funeral nor a bona fide participant in the funeral procession.  

The Pennsylvania House Judiciary Committee, Chaired by Representative Ron Marisco of Dauphin County, has scheduled a vote for tomorrow October 18, 2011 on House Bill 1552. This is a bill introduced by House Republican, Bryan Cutler, from Lancaster County and provides that:

Notwithstanding any other law, a civil action or proceeding brought to recover damages for death or injury to a person may only be filed in the county in which the cause of action arose.

SOURCE

Without question, this Bill is unconstitutional because venue is a procedural issue and under the Constitution of Pennsylvania, the power to make procedural rules is vested solely with the Pennsylvania Supreme Court and its Rules Committee.    See North-Central Pa. Trial Lawyers v. Weaver, 827 A.2d 550 (Pa. Cmwlth. 2003)(Holding that venue in civil cases concerns a matter of pure procedure and in the absence of a countervailing constitutional provision authorizing the legislature to act in regard to venue in a particular area, the matter is committed to the exclusive authority of the Supreme Court under Article V, Section 10(c).) 

This Bill is particularly troubling since it has been introduced by Bryan Cutler, who is an attorney, and should know that the Bill violates Pennsylvania's Constitution.  Tomorrow, it will be interesting to see which of his constituents will support a bill that is clearly unconstitutional.   Please check back and I will publish an update.

Prosecutors have launched a campaign to crack down on SEPTA riders and others who fake injuries in bus crashes and other accidents, Philadelphia District Attorney Seth Williams and SEPTA general manager Joseph Casey said Thursday.

SEPTA has installed video surveillance cameras on SEPTA vehicles in an effort to give prosecutors a new weapon in fighting fraudulent claims.  SEPTA displayed videos at a press conference Thursday that showed a man running to get on a SEPTA bus that had been involved in an accident, so that he could lie down on a seat and claim a back injury.  Another video showed a woman getting out of her bus seat to check an accident scene before returning to her seat to sprawl out and instruct her six-year-old daughter to feign injury, too.

Source

Although video cameras were installed to defend against fraudulent claims, the introduction of cameras on SEPTA busses will benefit both prosecutors and accident victims.  Video surveillance footage will help SEPTA weed out and defend against fraudulent claims.  Phony passengers and bus riders who fake injuries are likely to face criminal charges such as fraud.  

On the other hand, video surveillance will help SEPTA bus accident victims who suffer legitimate injuries to establish the authenticity of their claim.  Video surveillance can provide compelling evidence concerning how the passenger was injured, prove the victim's presence on the bus and possibly show which party was at fault in the accident.  These aspects of the case are frequently disputed and difficult to prove.  

All too often, bus passengers don't know how the accident occurred or offer a description of the accident that contradicts that of the bus driver.  Since the bus driver's job is on the line, it is commonplace for the driver to deny all liability and allege that the impact was minor and injury claims are fabricated.  Contradicting such testimony is challenging due to the perception that all bus accident injuries are bogus.  Video surveillance capturing how the accident occurred can remove the "faker" stigma from your injury case and provide positive support for your injury claim. 

A Nevada jury found three drug companies - Teva Parenteral Medicines Incorporated, Baxter Healthcare Corporation and McKesson Corporation - liable for distributing 50 and 100 milliliter vials of an anesthetic used during colonoscopies.  The drug companies were found liable in two separate trials because the size of the vials was larger than necessary for a single use.

The Endoscopy Center of Southern Nevada re-used vials of that anesthetic during colonoscopy procedures which caused a hepatitis C outbreak which infected hundreds of people, including Ann Arnold, the plaintiff in this case.

Arnold's attorney says the drug companies were initially offered a settlement of $4.9 million in this case.  They turned it down and instead will pay more than $180 million.  As expected, the drug companies maintain they were not negligent despite losing all three trials related to the outbreak so far.

On Sept 19, 2011, an Allegheny County jury found an $80 million global settlement of more than 500 claims relating to the release of radiation at two Pennsylvania nuclear plants was fair and reasonable.  As a result, it is likely that American Nuclear Insurers will need to cover the settlement paid out by the two companies (Arco and B&W) that ran the plants.

The insurance company had argued the defendants never should have settled, particularly without the insurer's consent, because the plaintiffs' claims were based on "junk science" and the defendants would have won at trial.  The underlying case involved in Babcock & Wilcox v. American Nuclear Insurers has a long and complicated history that resulted last month in a three-week trial consisting mainly of litigators testifying as to why settlements are made and why this one in particular was or was not fair and reasonable.

A bellwether case of eight plaintiffs was tried in the U.S. District Court for the Eastern District of Pennsylvania in 1998.  During pretrial proceedings, the plaintiffs offered to settle the case for $100 million for all claimants, but, according to B&W's court papers, ANI would not entertain the possibility of a settlement.  Arco and B&W decided to settle the claims on their own and out of their own pockets.  In 2008, B&W paid $52.5 million and Arco paid $27.5 million and the two companies settled any claims against one another.  The settlement was approved in the Western District in April 2009.  The two companies then looked to be reimbursed by American Nuclear Insurers.

Although the case is not over yet, the verdict puts B&W and Arco in a better position to prevail.  B&W and Arco filed post-trial motions seeking more than $11 million in prejudgment interest and will also be seeking attorneys' fees and costs.

A serious crash involving a flatbed truck has left one person dead and forced the closure of northbound U.S. 130 in Bordentown Township early in the morning on Tuesday October 11, 2011.

The road is closed between Ward Avenue and Groveville Road.  Details were scarceut the crash occurred about 4:30 a.m. and involved multiple vehicles. The flatbed truck was carrying heavy equipment and collided with a limousine.

Source

Due to their colossal sizes and massive weights, trucks can cause serious damage and death, should they be involved in an accident.  About 130,000 individuals are injured each year in truck collisions.  Of the 15.5 million trucks in the U.S., nearly 13 percent are semis, big rigs, 18 wheelers and tractor trailers. 

If you are the victim of a trucking accident, the questions of who is responsible and what actually caused the accident are often much more complicated than in a simple traffic accident.  The players involved most likely include the truck driver and owner of the truck, which is most likely a trucking company.  Getting information about what went wrong often requires some industry know-how.

Federal laws and regulations govern the trucking industry. These laws establish specific standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. The bulk of federal regulations dealing with the trucking industry can be found in Title 49 of the Code of Federal Regulations.

Agencies that regulate truck driving include the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).  Every state also has a department of transportation with its own set of trucking regulations.

Because of the complexities in truck crash cases, it is important to hire an attorney who has experience handling truck accidents claims, specifically.  If you or a loved one has been injured in any type of truck accident, or if your loved one has died in a truck crash, contact me for a free consultation.  

Perhaps the only thing worse than being seriously injured in a car accident, is when YOUR insurance company fails to pay in good faith.  After paying insurance premiums year after year after year, drivers expect their auto insurance company to fairly evaluate claims and promptly make a good faith payment if they are injured in an accident.  Unfortunately, this rarely happens. 

Automobile insurers in New Jersey are notorious for failing to pay valid claims and delaying payments for as long as possible.  Although New Jersey has enacted laws to protect insureds from their insurer, the legislature has failed to provide incentive for insurance companies to abide by the law.  

For example, N.J. Stat. Ann. § 17:29B-4(9) prohibits a myriad of unfair practices, including: failing to acknowledge and act reasonably promptly on communications relating to claims under insurance policies; not attempting in good faith to effectuate prompt, fair and equitable settlements of claims in which liability is reasonably clear; compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds; failing to promptly settle claims, where liability is reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

However, even if it is proven that an insurer has failed to follow the law and provide prompt and fair compensation to the insured, absent egregious circumstances, the insured has no right to recovery for punitive damages.  (Punitive damages are designed to punish a defendant and deter bad conduct.  They are awarded in many states when insurers fail to negotiate in good faith).   Instead, in New Jersey, the measure of damages if an insured can prove bad faith is only foreseeable consequential damages.  By failing to provide for punitive damages, auto insurers have almost no incentive to pay claims fairly knowing that failure to do so will at most cost them prejudgment interest and litigation costs.  That is a minimal additional exposure, and really does not provide any incentive, because they have held the money all along and received the benefit of it.

These pro-business (i.e. pro-insurance company) laws come at the expense of all insureds and accident victims in the state.  I encourage you to contact your senator and congressman and encourage them to pass legislation that will hold auto insurance companies accountable for their failure to act in good faith. 

One person has died from a nasty overnight crash involving four vehicles, in which multiple victims were trapped.   The crash occurred about 2:30 a.m. today at 51st and Locust streets when one vehicle struck another while going through the intersection, according to police.

One of those vehicles struck two parked cars. And one of the initial vehicles involved in the crash was overturned.  Three victims were transported by medics for emergency medical treatment.  A 27-year-old woman, who was a passenger in one of the vehicles, was pronounced dead around 5:30 a.m. at Hahnemann University Hospital.  Other victims included a 35-year-man with head, neck and back pain, and a 45-year-old man who was on trauma alert.

SOURCE

Wrongful Death is a legal term that refers to situations in which someone is killed through the negligent conduct of someone else.  Thousands of car accident deaths are attributable to negligent conduct such as aggressive driving, inattention, failure to obey traffic lights and signs as well as poor driving skills.

To be successful in wrongful death suits, the case must have been caused by someone else who acted negligently usually through bad driving.  In some claims this will mean the auto maker who designed a vehicle poorly, such as an SUV with a defective design.

Additionally, there must be adequate insurance or assets to provide the basis of a recoverable legal claim.  Fatal car accidents that are the result of careless driving can remain uncompensated if there is no money to compensate the victim's family.   Pennsylvania law requires, at a minimum, that drivers maintain $15,000 per person / $30,000 per accident of liability insurance.   An attorney will know how and where to look for available insurance or assets using investigators and asset searches.  It is possible that supplementary insurance such as homeowner's policies and/or business insurance may be available to compensate the family millions of dollars.

Experienced wrongful death attorneys understand the complex legal issues and emotional trauma involved in handling these claims.  A lawyer can help survivors by providing representation to the estate of the deceased, dealing with insurance recovery and any potential lawsuits.

I follow every reasonable lead, hire the best available experts, and utilize the most current and innovative technology to give you the edge over the opposition.   Because of my diligent preparation and excellent reputation, most of my cases are favorably settled out of court without going to trial.  Call me for a free case evaluation.  There are never any fees unless I get money for you.    

An 11-year-old boy was struck by a hit-and-run driver around 7 p.m. Sunday night while riding a skateboard near 65th Street and Greenway Avenue in Southwest Philadelphia, police said. The boy, who sustained bruises and cuts to his head and sides, was transported to Children's Hospital, where he was in stable condition Sunday night.

Police say the driver, described as a black female, got out of the black or dark blue BMW or Mercedes sedan, saw the boy on the ground, then got back into the car and headed westbound on Greenway.

Source

As I've expressed before in my blog, it is crucial to maintain uninsured motorist coverage.  Not only does it protect you from uninsured drivers, it also will cover hit-and-run accidents.  Without this coverage, hit-and-run accident victims may be held personally accountable for hospital bills.  It is also doubtful they will be able to recover compensation for pain and suffering.  Most likely, the hit-and-run driver may never be found, and more often than not, is uninsured.  

Insurer Lloyd's Syndicate has withdrawn its $215 million lawsuit against the Kingdom of Saudi Arabia and others for providing financing to the 9/11 terrorist attacks.  Lloyd's sued the Saudis and a few of their banks and charities to recoup money it paid out following 9/11 to insured airlines, jet manufacturers, airport authorities, security companies and other parties.

Attorney Stephen Cozen of the Philadelphia law firm Cozen O'Connor said Wednesday that, "I am instructed to make no comments, other than to say the lawsuit was voluntarily dismissed."   The case - filed in U.S. District Court in Johnstown - was dismissed "without prejudice."  When a suit is dismissed without prejudice it can be re-filed on later date.

Withdrawing the case could signify any number of things:  A settlement may have been reached (although unlikely since it was filed just two weeks ago), that it's being handled through diplomatic channels, or that the plaintiff has determined the case is too weak to proceed.

The driver of a pickup truck with tinted windows sped away after striking and killing a woman on Torresdale Avenue in the Wissinoming neighborhood this morning, police said.

A little over an hour later, police found a pickup matching the description of the truck on the Delaware River waterfront nearby.  The owner of the pickup truck reported the vehicle stolen about the time police found it.

Police said the woman, who was said to be 46-year-old, was struck about 6:50 a.m. on Torresdale near Fraley.  Afterward, police broadcast an alert for a blue pickup with tinted windows, silver flames on the side and a custom grill.  About 7 a.m., police found the wanted vehicle at Comly and Milnor Streets, an industrial area a block from the river.

Police were questioning witnesses and the owner of the truck.

SOURCE

A driver who leaves the scene of an accident is not only committing a crime but also a civil offense for which they can be held liable.  In many cases, hit and runs are the result of a drunk driver or a driver under the influence.

Hit and run accidents are disturbing events.  Victims are usually left seriously injured and wonder how they will pay for medical expenses.  Hit and run drivers need to be held accountable for the injuries, pain and suffering, anguish, lost wages and medical bills that they have caused.  

One possible source of benefits is uninsured motorist (UM) coverage.  UM coverage applies where the at-fault driver is not insured.  However, it also covers motor vehicle accidents where the at-fault driver cannot be found, such as in a hit and run accident.  If you are injured by a hit-and-run driver call me for a free consultation.  You may be entitled to compensation for medical treatment, lost wages, pain and suffering, and other costs.