Philadelphia Personal Injury Lawyer Blog

USAA held a settlement conference day today. I participated in the conference on behalf of three clients of MMK. The clients were all injured in automobile accidents. The conference was a success. We were able to settle all three cases. This is a win-win situation for all involved. The clients received very fair settlements and will get their settlement monies in the near future. USAA wiped three cases off of their inventory and will avoid further litigation costs and attorneys fees.

I wish more insurance companies would voluntarily hold these conferences. In most cases, experienced attorneys and insurance adjusters can agree to the value of a case. It sometimes takes a face to face meeting where the parties can compromise their positions and come to fair agreements. These conferences would avoid additional delay and unnecessary litigation costs. Unfortunately, all to often, cases are not settled until the "courthouse steps". This results in unnecessary costs and delay for both sides.

I applaud USAA for their willingness to settle cases in this fashion.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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A Morristown, NJ woman was killed in a one vehicle car accident this weekend. Reports say a rear tire separated from the Ford Ranger she was driving causing her to lose control of her vehicle. The Ford Ranger was traveling in the middle lane of the Pennsylvania Turnpike when it lost its rear tire, spun out of control, hit an embankment, and flipped, coming to a stop upside down back in the middle lane. The driver was partially ejected from the vehicle and was pronounced dead at the scene by the Montgomery County Coroner.

This reminds me of a wheel separation case I recently settled. In this other case, a wheel and tire separated from a Ford Explorer causing the wheel and tire to crash into another vehicle and kill its driver, a single parent mother. In the case on behalf of the mother's estate, we alleged that the wheel and tire had been improperly installed a mere 11 days before the accident by Country Tire Warehouse. Shortly before trial, we were able to secure a large confidential settlement for the Estate whose sole beneficiary was the minor-child.

Experts in wheel separation cases will tell you that a properly installed wheel should NEVER separate from a vehicle. Therefore, the family of this Morristown, NJ woman should immediatley hire a Personal Injury Lawyer who can hire experts to look into what caused this wheel and tire to separate from this vehicle.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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In the Logan section of Philadelphia, a taxi cab accident killed a 5 year old boy as the boy crossed the street in his mother's arms. The mother was hospitalized, her condition unknown.

The Philadelphia Taxi Cab then left the scene of the accident. The driver of the taxi cab has not yet been identified. At last report, it was believed that the Philadelphia Police Department had recovered the taxi cab which was involved in the fatal accident.

Why would any driver leave the scene of an accident after striking a pedestrian? One would think that this driver was possibly not licensed or illegally driving the taxi cab. However, doesn't this driver have a conscience? Shouldn't we all help out our fellow man? It is beyond my comprehension how a person can leave another, especially a child, on the side of a road with extensive injuries.

As a Philadelphia Personal Injury Lawyer, I represent families of individuals killed in automobile accidents. When this occurs, my job it to try to get the most compensation I can for the family. A taxi cab driver can drive through the streets of Philadelphia with only $15,000 of bodily injury automobile liability insurance to compensate an injured victim. In my opinion, the State of Pennsylvania should be ashamed of itself for allowing this to occur. As my office is in center city Philadelphia, I have often taken taxi cabs around the city. In my opinion, the cab drivers are worse than the SEPTA bus drivers. At least SEPTA is required to be self insured for $250,000 of bodily injury insurance coverage per person. Something needs to be done about these drivers who don't have licenses and have insufficient coverage to compensate injured victims.

Related Web Resources:

Report Philadelphia Taxi Cab Complaints

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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Our Philadelphia Personal Injury Law Firm represents many individuals injured in car accidents.
According to the CDC, motor vehicle accidents are the leading cause of Spinal Cord Injuries in people under 65 years of age. Not surprisingly, over 65 years of age, the leading cause becomes falls.

A spinal cord injury usually begins with a sudden, traumatic blow to the spine that fractures or dislocates vertebrae. The damage begins at the moment of injury when displaced bone fragments, disc material, or ligaments bruise or tear into spinal cord tissue. Most injuries to the spinal cord don't completely sever it. Instead, an injury is more likely to cause fractures and compression of the vertebrae.

According to the Travis Roy Foundation, which is dedicated to Spinal Cord Injury Research, more than 13,000 people sustain spinal cord injuries each year, or one in every 41 minutes. These injuries cost the nation an estimated 11 billion annually. If you or someone you know is the unfortunate victim of a spinal cord injury, contact our law firm for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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A true hero, Jessica Rogers, speaks out in favor of "Jessica's Law" a law which would give law enforcement the ability to cite aggressive drivers before an accident occurs. The law would give the police the ability to cite a driver who is discourteous or who causes "public inconvenience, annoyance or alarm". The driver could be fined $1,000 and have their license suspended for 30 days on the first offense.

At 16 years old, Jessica Rogers was a passenger in a friends vehicle. The friend became obsessed with catching up with a motorist who cut them off. In the process of pursuing this other vehicle, the car crashed into a telephone pole. Jessica was left paralyzed from the chest down. Jessica who has been a big advocate for the introduction of this law is motivated by the opportunity to cut down on road rage incidents. "I don't want to see anyone go through what I've gone through", she said.

The bill is expected to be voted upon by Trenton legislators during the current session. The bill defines road rage as moving violations combined with threatening or insulting behavior, flashing lights, honking horns, even the use of one's finger to express displeasure. In Pennsylvania, an aggressive-driving bill was introduced last year and remains in committee.

Jessica Rogers is trying to change that behavior one person at a time. She testified last year before Trenton lawmakers and has spoken to elementary school students. "I tell them, 'If you see your mom and dad get mad, tell them to calm down. It's not worth it,' " she said. "In a way, what happened to me was worth it because I can help change things now for the better."

New Jersey and Pennsylvania citizens are encouraged to contact their representatives and inform them of your approval of the passing of these laws.

Related Web Resources:

Are you a Road Rager? Take the Test

Read More About Jessica Lynn Rogers Story

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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Pennsylvania is kicking off a two week campaign called "Operation Night Life", to enforce the use of seatbelts from the hours of 9:00 p.m. to 5:00 a.m. According to the article in gantdaily.com, 40 percent of all fatal crashes in Pennsylvania, last year, occurred during this time of night and of the 400 people who lost their lives, more than half were not wearing a seatbelt. This campaign is to enforce the laws that all front seat passengers are required to wear seatbelts, children ages 8-18 are required to wear seatbelts when sitting anywhere in a vehicle, children ages 4-8 are required to have proper booster seats with seatbelts and children under 4 are to be in approved car seats. The fine for no seatbelt is $60.00 and the fine for non-use of child safety restrains is a maximum of $100.00.

Admittedly, when I was growing up the use of seat belts was not common and I'm not sure if car seats were even invented. However, to not use them in this day and age is crazy. Even my children know the slogan, "click it or ticket" which they believe will result in them going to jail if they don't use the seat belt.

Posted by Jill Mezyk | Permalink | Email This Post

Posted In: Auto Accidents

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Philadelphia Accident Lawyer, Michael Mednick, and his client have reached a settlement with Allstate Insurance Company in a Chester County motor vehicle accident case shortly before trial for $665,000. The client was a UPS delivery worker. He was driving in stop and go traffic when he was struck in the rear by another vehicle. He subsequently developed neck pain and knee pain. The pain persisted and the client underwent a fusion surgery in his neck and a meniscus repair surgery in his knee. Thankfully the surgeries went well.

We were about to start trial when the case settled. We had already taken the video deposition of Dr. DerKrikorian, plaintiff's neurosurgeon. The defendant had taken their physician's video deposition. These depositions were going to be shown to the jury had the case not settled. Following the deposition of Dr. DerKrikorian, a substantial offer was made. We were then able to negotiate a favorable settlement for the client.

The client and his family expressed extreme gratitude towards the Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo. The client, his wife and son have moved to Iowa where the client now works as a corrections officer.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance Claims

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The higher the gas prices go, the less chance you have of being killed in a car accident, says a recent study by Harvard Medical School.

Professors Michael Morrisey of the University of Alabama at Birmingham and David Grabowski of Harvard Medical School have found that for every 10 percent increase in gas prices there was a 2.3 percent decline in auto deaths. Their study examined automobile fatalities from 1985 to 2006, when gas prices reached about $2.50 a gallon (what a bargain!). With gas now averaging more than $4 a gallon, Morrisey said he expects to see much greater drop — about 1,000 deaths a month, or 12,000 deaths per year.

So, what is the reason for the decreased in deaths. It could be (1) less people driving (2) smaller, lighter cars, (3) slower driving (hypermiling is in vogue now!) (4) safer cars or, most likely a combination of all of these factors.

As a Philadelphia Personal Injury Lawyer, I represent many individuals seriously injured in automobile accidents. While I am in favor of increased automobile safety, I am not pleased by these gas prices!

Related Web Resources:

phillyBurbs.com: Study: As gas prices go up, auto deaths decline

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Legal News

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As a Philadelphia Accident and Personal Injury Lawyer, I am frequently faced with questions from clients who were recently injured in a automobile accident. One of the most frequent questions I receive is: "Will My Insurance Premiums Go Up If I Make a Claim?"

The answer is No, not necessarily. If you make a claim under your automobile insurance policy your insurance premium cannot be increased unless you are determined to be at fault in contributing to the accident giving rise to the claim.

Let's say, for instance, you are a passenger in my car and we get struck by another car. Pennsylvania Law says that your own personal automobile insurance policy (assuming you have such a policy) must pay your medical bills. It is not my automobile policy (even though you were in my car) nor is it the other person's automobile policy (even though they may have been at fault), it is your own that pays your medical bills (see my previous blog "Pa. Car Accident, Who Pays My Medical Bills"). In this scenario, which happens quite frequently, your insurance premiums cannot be increased by your insurance company.

The same holds true for other types of coverages under your policy. For instance, Uninsured Motorist Coverage, Underinsured Motorist Coverage, Collision Coverage, Wage Loss Coverage, Medical Coverage, etc. If you make a claim under any of these coverages, your insurance company cannot raise your insurance rates simply because you made the claim. They may only raise your rates if it is determined that the insured was at fault in contribution to the accident.

The actual Pennsylvania Statute (75 Pa.C.S.A. Section 1793 (a)(1)) reads:

"An insurer shall not increase the premium rate of an owner of a policy of insurance subject to this chapter solely because one or more of the insureds under the policy made a claim under the policy and was paid thereon unless it is determined that the insured was at fault in contributing to the accident giving rise to the claim."

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo, represents individuals injured in car accidents, truck accidents, SEPTA bus and SEPTA trolley accidents, pedestrian accidents, etc. Contact us for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Insurance , Insurance Claims , SEPTA Accidents

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As a Pennsylvania Automobile Accident Lawyer, I represent individuals who are injured in an automobile accident at the hands of DUI drivers. But, this story is beyond comprehension.

On the 4th of July, a Montgomery County man, Jeff Burke, thought he was doing the responsible thing. He knew he was going to have some beers at a party so he rode his bicycle. On his way back home, he was involved in a bicycle accident when a car crashed into the rear of his bicycle. Burke was taken to the hospital where he was diagnosed with a fractured tailbone. At the hospital, a blood test was performed which revealed his blood-alcohol level was 0.155. The legal limit in Pennsylvania is 0.08. So, Montgomery County assistant district attorney, charged Burke with DUI - driving while intoxicated. Burke has been sentenced to 30 days in jail and 22 months probation. He had a prior DUI conviction.

This case irritates me. Here we have a Pennsylvania citizen who learned and was rehabilitated from his prior mistake - a DUI while operating an automobile. So, he acts responsibly and takes his bicycle because he knows he is going to be drinking. He gets rear ended and ends up getting jail time, probation, fined $1500 and losing his license for 18 months. This is simply absurd. The ADA should have shown some discretion here. This does not encourage others to ride their bikes when they are going to drink which, to me, sounds like a great idea.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Bicycle Injuries , Legal News

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As a Philadelphia Accident Lawyer, I represent individuals injured and killed in automobile accidents. In a recent blog, I took offense to a study by Allstate Insurance Company which listed Philadelphia drivers among the worst in the United States, i.e, they are involved in the most car accidents. Well, maybe I should rethink my criticism. In the last week alone, Philadelphia car accidents caused by drunk drivers or drivers on drugs has either killed or injured seven people.

Since last Friday, we have had a fatal accident on I-95 due to an apparent drunken driver who was speeding out of control, a fatal accident due to an apparent drunk driver when the driver struck two pedestrians, killing one, after a Phillies game and a 19th District cop injured when a drunk driver crashed into his police car in Overbrook.

Since last year, the number of DUI arrests are up by more than 700 compared with the same time period last year, according to Officer Jeffrey Hannan, of the city's Accident Investigations Division. Nationwide, In 2006, an estimated 17,602 people died in alcohol-related car accidents.

Despite the educational attempts to make people more aware of the dangers of driving while intoxicated (DUI)and despite our vehicular homicide laws, it seems the problem of drunk driving in Philadelphia is on the rise.

Our Philadelphia Personal Injury Law Firm represents individuals injured or families of individuals killed in automobile accidents. For a free consultation, contact our firm.

Related Web Resources:

Mothers Against Drunk Driving: MADD

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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Sofia Vargas was a 50 year old Philadelphia pedestrian when she was involved in a fatal automobile accident with Kenneth Cooper also of Philadelphia. Cooper, who admitted to drinking and taking some narcotics, ran a red light, crashed into an automobile, jumped the curb and struck Vargas who was walking on the sidewalk. The accident occurred in the Fairhill section of Philadelphia. Police have charged Vargas with involuntary manslaughter, homicide by vehicle and driving under the influence of alcohol (DUI).

Vargas was described by her son as "a perfect mom". As the family mourns her death, we can only hope Cooper, who has an arrest history dating back to 1977, serves a long sentence.

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo compassionately represents individuals and families of individuals who are seriously injured or killed in automobile accidents. Contact us for a free consultation.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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Last evening In Upper Darby, Delaware County, a Route 113 SEPTA bus accident occurred where the bus struck a man in the Darby Loop located at 9th and Main Streets. It appears the man was in full, unobstructed view of the SEPTA bus driver at the time the accident occurred. Nonetheless, for reasons unknown at this time, the SEPTA bus driver struck and killed the victim, allegedly making contact with the man with both front tires.

SEPTA's spokesman, Richard Maloney, was on the scene and gave a statement that SEPTA investigators "We're told by witnesses, preliminarily, that the victim was talking on his cell phone as he was walking and he turned around to talk to people behind him. Unknowingly he walked right in front of the bus," However, other witnesses told a different story. Thomas Carroll told Fox 29 news, ""He wasn't walking. He was standing there and talking on the phone. And when the bus turned, it hit him, 'BOOM!' He wasn't walking. He was not walking,"

Others on the scene complained about the general driving attitude of SEPTA drivers and the manner in which they operate their vehicles. This is a common complaint I hear weekly from current and perspective clients who are injured in incidents involving a SEPTA bus or a SEPTA trolley. If you are victim of a SEPTA bus or trolley accident, contact our Philadelphia Personal Injury Law Firm for a free consultation.

Related Web Resources:

Fox 29 Video News Report

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Legal News , SEPTA Accidents

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In our Philadelphia Personal Injury Law Firm, we represent individuals who have sustained traumatic brain injuries from accidents and falls. A traumatic brain injury is usually caused by a blow or jolt to the head that disrupts the normal function of the brain. The effects of a traumatic brain injury may be short lived or long standing. It is estimated that 2% of the United States population have long term or life long need for help with their daily activities due to a TBI. A traumatic brain injury can cause an alteration of the brain which results in functional changes to cognitive thinking, loss of sensation, problems with communication and emotional upset. It is believed that a TBI can cause epilepsy, and increase a persons risk for Alzheimer's and Parkinson's diseases.

The signs of a Traumatic Brain Injury often go unnoticed and are hard to diagnose. The symptoms do not always occur right away. It can take days or weeks for the symptoms to arise. The injury can occur even if there is no direct blow to the head. Traumatic Brain Injury Symptoms can include:

* Headaches or neck pain that do not go away;
* Difficulty remembering, concentrating, or making decisions;
* Slowness in thinking, speaking, acting, or reading;
* Getting lost or easily confused;
* Feeling tired all of the time, having no energy or motivation;
* Mood changes (feeling sad or angry for no reason);
* Changes in sleep patterns (sleeping a lot more or having a hard time sleeping);
* Lightheadedness, dizziness, or loss of balance;
* Urge to vomit (nausea);
* Increased sensitivity to lights, sounds, or distractions;
* Blurred vision or eyes that tire easily;
* Loss of sense of smell or taste; and
* Ringing in the ears.

Related Web Resources:

NINDS: Traumatic Brain Injury Information Page

National Brain Injury Research, Treatment & Training Foundation: Facts about Traumatic Brain Injuries.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , Slip and Fall Accidents , Traumatic Brain Injury

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A Philadelphia SEPTA Trolley crashed into an SUV on Friday, June 20th. As reported on NBC 10, at least three individuals reported immediate injuries and were taken to the hospital. It certainly may turn out that even more individuals are injured as many people involved in SEPTA accidents experience pain after they leave the accident scene.

NBC 10 has been reported that the SUV driver was making an illegal U-Turn at the intersection. However, under Pennsylvania's Joint and Several Liability Laws, SEPTA could have to pay to compensate the injured individuals. For more information on Joint and Several Liability, see the May 12, 2008 blog post by attorney Jill R. Mezyk.

Our Philadelphia Personal Injury Law Firm regularly represents individuals injured while a passenger on a SEPTA Trolley or SEPTA Bus. For a free consultation contact us by using the contact form above or call 215-545-1870.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , SEPTA Accidents

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According to NHTSA (National Highway Traffic Safety Administration), new research shows the deadliest time of year for 15-passenger vans is between June and August. During these months, a rollover accident is 31% more likely than in other months. NHTSA has issued a press release urging operators of 15-passenger vans to drive with caution.

Rollover Accidents are more likely because when 10 or more people ride in a 15-passenger van the total passenger weight raises the vehicle’s center of gravity and causes it to shift rearward. As a result, the van has less resistance to rollover and handles differently from most commonly driven passenger vehicles, making it more difficult to control in an emergency situation.

My advise is to try to avoid being a passenger in a 15 passenger van. If this cannot be avoided, check the tires to assure proper pressure and tread. Always wear your seat belt. This could save your life in a rollover accident. All cargo should be forward of the rear axle. And make sure the operator is experienced and qualified in operating a large van.

Our Pennsylvania Personal Injury Law Firm is available to answer questions should you or a loved one be involved in a rollover accident.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents

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In 2003, Pennsylvania repealed its law requiring motorcycle riders to wear a helmet. Now, a Pennsylvania study by the University of Pittsburgh has shown a 32 percent increase in motorcycle related head injury deaths and a 42 percent increase in motorcycle related head injury hospitalizations since the repeal of the law.

This study has seemed to reignite the debate over whether Pennsylvania should reconsider its repeal of the helmet law. Reseachers said the findings in the Pennsylvania study mirror studies in other states that show riders are safer when they wear helmets.

Twenty stat