Philadelphia Personal Injury Lawyer Blog

Yesterday, in center city Philadelphia, three SEPTA Trolleys crashed underground injuring at least ten people. The passengers injured on the SEPTA trolley were taken to Thomas Jefferson University Hospital and the Hospital of the University of Pennsylvania for treatment.

The SEPTA trolley accident occurred when the Route 13 Trolley and the Route 36 Green Line trolley were sitting idle after unloading passengers when a third SEPTA trolley crashed into the two stopped trolleys. It is unclear why or how this could have occurred.

SEPTA spokesman, Francis Kelly, attempted to downplay the incident, telling reporters "Let's say a minor banging incident of the trolley in front." Despite this attempt to minimize the trolley accident, Kelly admitted that he could not confirm the speed of the incoming trolley. We know the trolley accident was hard enough to send multiple people to the hospital, including all three SEPTA trolley operators.

The Philadelphia Personal Injury Law Firm of Mednick, Mezyk & Kredo regularly represents individuals injured in SEPTA bus and SEPTA trolley accidents. Contact us for a free consultation where we can explain to you how we can help you obtain a recovery for your pain and suffering.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Legal News , SEPTA Accidents

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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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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 Philadelphia, we are used to hearing that SEPTA needs to cut back its bus and trolley service and that SEPTA needs to raise the fares to continue to operate. In the past, SEPTA always cried poor after decades of financial shortfalls. Well, it seems those days are over.

Last summer, a landmark transportation funding law, Act 44, was enacted by the Pennsylvania Legislature. Since that time, SEPTA has found itself swimming in the cash. It is estimated that SEPTA will have a surplus of $130 million by the end of June, 2009. Yet, this surplus does not appear anywhere on SEPTA's budget and SEPTA officials refuse to acknowledge the surplus.

SEPTA's denial of this surplus is more troubling when you consider that our Philadelphia School District is in a position where they need to cut more than 13,000 transit passes to school students in order to save 8 million dollars. While SEPTA sits on their money, Philadelphia families are asked to dip into their pockets again to provide transportation to school students. Oh, and didn't we just have a transit police strike over money? Again, SEPTA considered money over the safety and well being of transit riders. All the while, sitting on $130 million.

Related Web Resources:

The Philadelphia Inquirer: SEPTA Mulls How To Account for $130 million ‘future’ fund

The Bulletin: SEPTA's Surplus Grows Steadily, Quietly

SEPTA Bus and Trolley Accident Lawyers

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Legal News , SEPTA Accidents

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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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Today in Philadelphia, Pennsylvania, a SEPTA bus was in an accident with a Philadelphia School Bus. The accident occurred about 9:15 a.m. at the intersection of Knorr Street and Rising Sun Avenue in the Lawncrest section of Philadelphia. The bus struck the school bus so hard that the school bus ended up off of the road and onto the lawn of a neighboring home. At least four ambulances were seen at the scene with multiple people injured.

I found the attached picture to be very interesting. These SEPTA drivers are so careless in the way they operate the SEPTA buses and trolleys around Philadelphia, yet SEPTA tries to warn people that they take no responsibility for injuries, including death. Absolutely ridiculous. Granted, the SEPTA drivers do not have easy jobs. They must deal with the frustration of other motorists cutting in an out of their lanes as well as trying to keep the buses and trolleys on schedule when the schedules themselves are many times to tight to allow for safer operation of the vehicles. This constant frustration must lead to speeding, going through lights and other negligent operation on the drivers.

If you or a loved one are injured as the result of the negligence of a SEPTA bus or SEPTA trolley operator, contact our Philadelphia Personal Injury Law Firm. We handle many cases where our clients suffer similar injuries as the result of negligent SEPTA operators.

Related Web Resources:

Philly.com: SEPTA and School Bus Collide

Posted by Michael Mednick | Permalink | Email This Post

Posted In: SEPTA Accidents

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In my Philadephia Personal Injury lawfirm I handle many SEPTA bus and SEPTA trolley accident claims. Often I receive an inquiry from someone who was injured when a SEPTA driver hits the brakes so hard it causes the person to fall. Many times, the driver takes off from a stopped position before the passenger has an opportunity to find a seat. The driver then slams the brakes and the passenger goes airbourne. Unfortunately, despite the negligent operation of the bus or trolley many of these injury victims cannot be compensated.

SEPTA is protected by the jerk or jolk doctrine extablished more than 65 years ago. Essentially, the doctrine protects SEPTA from a passenger recovering against them if the passenger is injured from the sudden jerking or jolting of the bus or trolley unless it can be established that the movement of the bus or trolley was so unusual and extraordinary as to be beyond a passenger's reasonable anticipation and nothing short of evidence that the alleged unusual movent has an extraordinarily disturbing effect upon other passengers or evidence of an accident will suffice. So, a passenger would have to show that other passengers were injured or, at the very least, displaced from their seats to recover.

There are situations where a recovery can be made under different legal principles including an Uninsured Motorist Claim if another vehicle cut the bus or trolley off causing the driver to forcefully apply the brakes. In this case, the claim is essentially against this other vehicle, however if it cannot be identified, SEPTA could be liable under an Uninsured Motorist Claim.

If you are involved in any injury involving a SEPTA bus or trolley, you should contact an attorney experienced in SEPTA Bus and SEPTA trolley accidents for advice and to see whether you have a case. Since SEPTA is considered a Commonwealth of Pennsylvania Agency, they are entitled to many complicated immunities. SEPTA has staff attorneys to help them. You need an experienced attorney as well.

Related Web Resources:

Gary N. Stewart, Rawle and Henderson: Transportation Law Update

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , SEPTA Accidents

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At our Philadelphia Personal Injury Law Firm we represent many individuals injured in a SEPTA bus or SEPTA trolley accident . Often I am asked "who will pay my medical bills"? The answer to this question is complicated. Under Pennsylvania Law, who pays your medical bills depends on an Order of Priority set up by the Pennsylvania Legislature. The first Order of Priority is the insurance company for a vehicle you own. The second is the insurance company of a vehicle you don't own but is owned by a family member who resides with you. The third order of priority is a motor vehicle you occupy. Fourth, is any vehicle involved in the accident.

So, if you are an occupant of a SEPTA bus, you would first look to your own policy or insurance in your household. If neither exists, you would be eligible for $5,000 of medical benefits through SEPTA. The law is very complicated, however and you should consult with a SEPTA lawyer to determine who is responsible for your medical bills. A trolley is treated differently than a bus. An occupant of a bus is treated differently than a pedestrian hit by a bus. Etc., Etc.

It is important to understand that if you do use your own personal insurance or insurane in your household, your insurance rates will not increase. The insurance company is not allowed to raise your rates on the basis of a medical claim arising from an accident where you were not at fault.

Posted by Michael Mednick | Permalink | Email This Post

Posted In: Auto Accidents , SEPTA Accidents

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