Local 215.825.5183Toll Free 877.825.8542

June 1, 2018

How Truck Cargo Can Cause Accidents

Truck Accident Attorneys Philly

Accidents involving large commercial trucks are inherently dangerous because of their massive size and weight. However, they can also be dangerous due to the cargo they carry. Sometimes the cargo itself can cause accidents and injuries to other motorists.

A recent tragedy in Philadelphia illustrates how cargo can cause crashes. According to news reports, a semi-truck was transporting watermelons when it overturned. The watermelons came loose and spilled across three lanes of South I-95. One of the watermelons flew into the air and struck a Honda HR-V. The driver of the HR-V lost control and went off the road, trapping the two occupants inside. Though they both were transported to the hospital for treatment, the 61-year-old passenger did not survive. This fatal accident occurred without the car colliding with the truck at all. When cargo comes loose, even ordinarily non-hazardous produce can have devastating results.

Different Types of Cargo Can Have Different Risks

There are innumerable types of products carried by commercial trucks. Traditional tractor-trailers carry goods ranging from foodstuffs to furniture and everything in between. Trucks with specialized trailers carry cars, livestock, and other cargo that needs customized securement. Flatbed trucks haul oversized or oddly-shaped cargo, such as large timber, heavy machinery, or even houses. Tanker trucks carry liquids and gases, including fuel and toxic chemicals.

Almost any kind of cargo can cause serious injuries if it spills. Smaller products can fall into the path of traffic and either hit cars directly or cause chain-reaction crashes if cars collide with the cargo. Obviously, larger cargo such as cars or lumber can create chaos scene if they fall onto the highway. Toxic cargo poses special hazards. If the tank of a tanker truck is punctured, it can release flammable or toxic substances, causing fire, explosions, or widespread exposure to toxins.

Improper Cargo Loading

When a truck rolls over or otherwise crashes, cargo can spill even if it was properly loaded and secured. However, sometimes, cargo spills due to improper loading – and these spills can happen even in the absence of a truck crash. In some situations, improper loading can actually cause a truck accident.

Each type of cargo has its own requirements for loading and securement. Proper securement is so important that the Federal Motor Carrier Safety Administration (FMCSA) issues regulations that truckers must follow by law. When cargo loading crews violated these rules or otherwise act carelessly, accidents may happen. If cargo shifts while a truck is moving, the trailer can become imbalanced, causing the driver to lose control or the truck to jackknife.

Who Is Responsible?

Accident claims involving cargo spills can be complicated – specifically, determining who should be held liable for the injuries or deaths of motorists. If the cargo spill happened because the truck initially crashed, the driver and/or the trucking company may be liable. An attorney can help to identify whether the driver or company was negligent and gather evidence to prove a negligence claim. Common acts of negligence that can cause a truck accident include:

  • Distracted driving
  • Fatigued driving
  • Speeding
  • Improper lane changes or passing
  • Aggressive driving
  • Impaired driving
  • Violating traffic laws or trucking regulations
  • Hiring unqualified or potentially dangerous drivers
  • Inadequate supervision

On the other hand, if improper loading was the original cause of the crash, you need to determine who was responsible for loading the cargo. Sometimes, trucking companies may have their own crews. Often, warehouses will have dedicated crews, in which case the company that employed the crew may be held liable.

It is likely that any accident victims will be dealing with an injury claim against a business entity, whether a trucking company, cargo loading company, or a manufacturer. This can be beneficial, as companies often have substantial insurance policies that may fully cover injury or wrongful death losses. However, insurance claims against companies can also be complicated, so you should always have the proper legal representation from the very start of your claim.

Insurance companies will try to avoid liability whenever they can – for both themselves and their commercial policyholders. There are many tactics insurance adjusters use to limit, delay, or deny valid claims, which include:

  • Getting you to make a recorded statement and then using comments against you.
  • Trying to convince you that they are on your side and you can trust them – they are truly on the side of their company.
  • Influencing you to think your claim is worth less than it is.
  • Getting you to agree to an initial settlement offer, which is almost always far less than you deserve.
  • Convincing you that you do not need a lawyer to help with your claim.

When you do have a truck accident attorney on your side, your chances of receiving full compensation for your losses improve. The right lawyer can help you with a truck accident claim in several ways, including:

  • Determining the proper measure of damages for your claim
  • Fighting against any disputes regarding liability for the accident
  • Filing a persuasive insurance claim with the right parties
  • Presenting evidence to the insurer to support your claim
  • Reviewing settlement offers and advising you to reject offers that are too low
  • Engaging in negotiations to obtain full and fair compensation
  • Taking additional action by filing a lawsuit in civil court if needed

Contact a Philadelphia Truck Accident Attorney for More Information

At The Levin Firm, we know from experience how technical and complex commercial truck accident cases can be. The trucking company will not make it easy for accident victims to obtain evidence or to pursue a successful insurance claim. If you are dealing with serious injuries, the last thing you need is the stress of battling against a commercial trucking company and its insurer. Instead, call our highly skilled truck accident attorneys and let us help navigate the process for you. Please call 215-825-5183 or contact us online for a free consultation today.

November 4, 2017

Road Rage, Traffic Violations, and Car Accidents

Car Accident Lawyers in PA


Road rage and driver impatience can have deadly consequences on Philadelphia highways and roads. In short, when drivers fail to exercise proper care and safety on the roads and drive their vehicles in hurried ways, they are more likely to violate traffic laws, which in turn leads to serious car accidents.

If you sustained personal injuries and damages in a car accident that resulted from someone else’s negligence, the experienced Philadelphia car accident lawyers at The Levin Firm are ready and willing to assist with your case. Our experienced car accident attorneys can meet to discuss the facts and circumstances of your individual case, negotiate a settlement offer with the at-fault driver’s insurance company, litigate your case through the Pennsylvania court system, and take your case to trial, if necessary.

Common Causes of Philadelphia Car Accidents

Philadelphia car accidents can lead to serious and sometimes catastrophic injuries. The sad thing about car accidents is that most are entirely avoidable. When Pennsylvania drivers fail to exercise self-control and become angry and impatient with other drivers, they tend to operate their vehicles in careless and reckless ways, resulting in serious accidents, property damage, and personal injuries.

Common examples of traffic violations that result from road rage and hurried driving include:

  • Failing to yield to emergency vehicles
  • Tailgating other drivers or following them too closely
  • Exceeding the posted speed limit
  • Aggressive, careless, or reckless driving
  • Driving too fast for weather conditions (such as rain, snow, or ice)
  • Failing to follow posted warning signs and other traffic signs
  • Failing to use appropriate turn signals
  • Failing to obey traffic lights and other traffic control devices

Proving Liability and Medical Damages

For an injured car accident victim to recover compensation for the injuries and damages sustained in an accident—and that were caused by someone else—the injured plaintiff must ordinarily prove negligence on the part of the at-fault driver.

Specifically, the injured plaintiff must demonstrate that the at-fault driver had a duty to act as a reasonably prudent and careful driver under the circumstances; that the at-fault driver breached this duty of care, such as by speeding, exhibiting road rage, failing to yield the right-of-way, violating a traffic law or rule of the road, or otherwise driving in a careless or reckless manner; and that this breach resulted in the accident victim’s injuries and damages.

In personal injury cases, the at-fault driver’s insurance company is never on your side, and insurance adjusters will do everything in their powers to deny or limit their liabilities in car accident cases. When it comes to proving the existence and severity of personal injuries, and in particular, catastrophic injuries and damages, the accident victim has the burden of proof, and insurance adjusters can be extremely difficult to work with. Whenever an accident victim seeks compensation for serious injuries and damages, the insurance company will likely downplay the seriousness and extent of the injuries and will look for other possible causes of the injuries or impairments, such as:

  • Prior surgeries and medical procedures
  • Degenerative findings on X-rays, MRIs, or other imaging studies
  • Preexisting medical conditions or illnesses
  • Prior injuries
  • Diagnosed degenerative conditions
  • Prior motor vehicle or motorcycle accidents
  • Prior work-related injuries

When it comes to proving medical damages, a doctor, specialist, or other healthcare provider oftentimes must offer expert medical testimony at a deposition or trial to prove the existence and extent of injuries. An expert medical provider may testify about the accident victim’s medical treatment, the permanent nature of the injuries sustained, and objective findings generated from medical observations and permanency evaluations. All of this expert medical testimony can potentially increase the amount of compensation an accident victim might receive.

The injured accident victim also has the burden of connecting injuries and damages to the car accident. In other words, the injured plaintiff must show that the injuries and damages sustained would not have occurred but for the accident. That generally requires testimony from an expert medical provider, such as a treating doctor or medical specialist.

Disputed Liability in Philadelphia Car Accident Cases

In some Philadelphia car accident cases, insurance companies will dispute liability and try to place some (or all) of the blame on the injured plaintiff.

In cases where an insurance company disputes or denies liability, the doctrine of modified comparative negligence applies. This means that if an injured plaintiff is deemed 50 percent or less at fault, then the plaintiff can recover damages, minus the proportion of the plaintiff’s fault. In cases where an injured plaintiff is more than 50 percent at fault, Pennsylvania law prohibits compensation.

Contact a Philadelphia Car Accident Attorney Today for a Free Initial Consultation and Case Evaluation

If you sustained personal injuries and damages in a car accident that directly resulted from someone else’s negligence, the experienced Philadelphia car accident attorneys at The Levin Firm may represent you in your personal injury case.

Remember that the primary goal of the insurance companies and their adjusters is to pay out as little money as possible for your personal injury claim. Our experienced Philadelphia car accident lawyers, however, can hold the feet of the at-fault driver’s insurance company to the fire and negotiate a fair settlement of your car accident case. If insurance companies refuse fair settlement offers, our attorneys are ready and willing to take your case to trial, if necessary.

To schedule a free consultation and case evaluation with a Philadelphia car accident lawyer, please call us at (215) 825-5183 or contact us online.

September 30, 2016

Injuries at the Scene of an Accident

Car Accident Lawyer in Philadelphia

The scene after a car accident can be chaotic. Often, people are getting out of their vehicles, inspecting the damage, taking inventory of any injuries, or even trying to rescue people who may be trapped in a vehicle. Even after you calm down, you may spend a substantial period of time waiting for law enforcement to arrive, talking to officers, getting information from people involved or witnesses, and more. What you may not realize is that the risk of injury does not end after the collision is over. Too often, injuries can happen to people waiting at the scene of an accident.

Recent Injuries on the Side of I-95

Recently, Philadelphia firefighters were part of an emergency team that responded to the scene of an accident on I-95.1 While law enforcement officers were tending to the two-vehicle crash scene, the firefighters parked their large ladder truck to block the path of traffic and prevent any drivers from hitting the motorists or responders who were at the scene. Despite the presence of this large truck “buffer,” another serious impact occurred.

A commercial truck driver was approaching the scene of the accident when he claimed he suddenly lost control of the tractor-trailer. The trailer jackknifed, which means it swung out perpendicular to the tractor. Jackknifes often result in a near-complete loss of control of a truck driver and the trailers can take out any vehicles in their path. In this situation, the jackknifed truck struck the fire truck, which held five Philly firefighters inside. The semi-truck forced the fire truck 250 feet down the highway and during this time, all five firefighters suffered injuries.

While the firefighters were – thankfully – treated at nearby medical centers and released with non-life-threatening injuries, the collision at the scene of the accident could have been much worse. For example, if the fire truck had not been there to act as a buffer, the jackknifed truck could have hit any people or smaller vehicles that were on the side of the highway, which likely would have resulted in fatalities or life-changing injuries.

Pedestrians around the scene of an accident are at a particular risk for injuries. People are difficult to see, especially at night and especially if there are flashing lights or other conditions that can draw a driver’s attention away from people who may be in the road.

Holding Drivers Liable for Injuries Caused at the Accident Scene

In many cases, the initial collision may not cause any serious injuries. However, a subsequent collision while you are at the scene of the accident may result in severe injuries. In such cases, the driver that caused the second collision would likely be held liable for the medical expenses, lost income, and other losses that resulted from the crash. You would have to prove that the driver was negligent in some way when they crashed into the accident scene in order to recover. Some common examples of negligence that may cause this type of accident include:

Distracted driving2

  • Drunk or drugged driving
  • Fatigued driving or falling asleep at the wheel
  • Not properly moving over when they saw flashing lights on the side of the road
  • Aggressive driving, such as excessive speeding or dangerous lane changes
  • If you only sustained injuries in the second collision, you only have to prove that the driver who caused that accident was negligent.

However, the situation gets more complex if you suffered injuries in both the initial collision and the second collision. First, it is important to help determine which injuries were caused by what accident in order to decide which driver was responsible for which injuries. Often, if you were out walking around at the scene of the accident, it is likely the initial accident caused only minor injuries and your severe injuries were a result of the subsequent accident. However, if you had been loaded into an ambulance on a stretcher and the second car hit the ambulance, your serious injuries may be attributed to both collisions. Deciding the amount of fault that should be attributed to each negligent driver can be complex and these complicated cases require the help of a very experienced auto accident lawyer.

Consult with a Philadelphia Personal Injury Attorney as Soon as Possible

The car accident attorneys at The Levin Firm know how to handle cases involving shared fault when multiple parties may have caused your injuries. Please call for a free consultation at 215-825-5183 today.



August 4, 2016

Reasons Behind Head-on Crashes

reasons behind head on crashes


Car crashes can occur in many different ways, with drivers often crashing into the rear or side of other vehicles. One of the most dangerous types of crashes is a head-on collision, which happens when the front of one vehicle collides into the front end of another vehicle. These collisions tend to happen when both vehicles are in motion and often at high speeds. For this and other reasons, head-on collisions can cause some of the most catastrophic and often fatal injuries. According to a report by the Department of Transportation (DOT),1 an estimated 18 percent of crashes outside of intersections involve a head-on crash.

Cars have many safety features to try to reduce the risk of injuries in a head-on collision and other types of car crashes. Crumple zones, bumpers, seatbelts, and airbags are all intended to keep motorists inside of the vehicle and to absorb most of the impact of the crash. However, despite all of these standard safety features, many victims sustain life-changing injuries in head-on collisions.

Many head-on crashes occur because a driver or another party acted in a negligent manner. If a negligent party caused your accident, you have the right to hold that party accountable and receive compensation for your losses.

Causes of Head-on Collisions

Head-on crashes can happen for many different reasons. The following are only some examples of why these extremely dangerous accidents may occur:

Drunk driving — Drunk drivers are notorious for swerving back and forth, often leaving their designated lane. If a drunk driver swerves too far to the left, they may cross over the center yellow line and collide with an oncoming car. Head-on crashes can also happen if a drunk driver is going the wrong way2 down the highway or a one-way street.

Fatigued driving — Fatigued driving can affect a driver’s concentration and they may stray from their intended lane. In addition, very fatigued drivers may completely fall asleep while driving, which often results in them unknowingly turning the wheel and driving into other lanes. Sleeping drivers can cross double lines or medians and can cause head-on accidents.

Distracted driving — Often, if you see a driver swerving in a lane, it would not be surprising to pass them and learn that they were texting or otherwise using a smartphone. Unfortunately, many texting or distracted drivers do depart from their lanes and into oncoming traffic lanes, which often results in hitting another vehicle head-on.

Improper passing — Every driver should know that a double yellow line means that you should not pass another driver. However, many impatient drivers think they are fast or experienced enough to pass cars on a two-lane highway regardless of a double yellow center line. Too often, the passing driver does not have the visibility to see oncoming cars in the passing lane and often cannot brake or get back over in time to avoid a head-on crash.

Rural roads — Statistics show3 that almost half of all head-on collisions happen on rural highways. Rural highways are often two narrow lanes traveling opposite directions. These roads are often winding with many hills that can make it difficult to see oncoming traffic. In addition, because of the lack of law enforcement officers on rural roads, many people are prone to traveling these already dangerous roads at high speeds. All of these circumstances can easily lead to cars straying into the other lane and hitting an oncoming car.

Third party drivers — In some cases, a third car that was not actually involved in the crash can cause the crash to happen. Imagine that you are driving in the left lane and, all of a sudden, a car tries to change lines right where you are driving. You may jerk the wheel to avoid crashing into that car, however, you may then cross over into oncoming lanes and can be involved in a head-on collision through no fault of your own.

Road hazards — Potholes, cracks, improper lane markings, objects in the street, and other hazards can cause a driver to either swerve or lose control of their car, which can regularly lead to a serious head-on crash.

Contact a Philadelphia Auto Accident Lawyer for a Free Consultation

If you have been injured in a head-on crash, you should not hesitate to discuss your legal rights with an experienced car accident attorney in Philadelphia. Call The Levin Firm at 215-825-5183 to discuss your case today.




July 7, 2016

A New School Year can Expose Your Child to New Risks of Injury

school injuriesWith a new school year just a few weeks away, many people in the area are preparing to send their child off to start a brand new academic year. The start of the school year often involves many new experiences: new friends, new teachers, new subjects to learn, and sometimes even an entirely new school. Unfortunately, it may also expose your child to the risk of injury during their commute to school, particularly if they are starting a new school or are at an age when you feel that it appropriate and safe to allow them to get to and from school on their own.

Fortunately for parents, there are certain things that you can do to make sure that your child’s walk or bike ride to school is as risk-free as possible. These include the following:

  • Choose the Safest Possible Route to and from Your Child’s School – Before the year starts, map out the safest route available to and from your child’s school. For example, if possible, avoid busy intersections and streets with a high volume of traffic. If you have a choice between an intersection that utilizes a morning and afternoon crossing guard and one that does not, always use the one with the crossing guard. Finally, choose a route that minimizes the number of times that your child is required to cross the street.
  • Make Sure Your Child Wears Bright Colors and is Visible – In order for motorists to be able to avoid pedestrians and bicyclist, they need to be able to see them. Children are often difficult to see to begin with due to the fact that they are smaller than adults, so it is imperative to make sure your child wears bright colors when he or she is walking or biking to and from school. As the majority of the year occurs during months where your child will be wearing a jacket or coat, one of the easiest ways to accomplish this is to buy a brightly colored coat. If any part of your child’s commute happens when it is dark out, give him or her a flashlight to carry or make sure his or her bike is outfitted with a both a headlight and a taillight.
  • Clearly Express the Safety Rules Your Child is Expected to Follow – It is critical to make sure your child is aware of the rules that you expect him or her to follow on the way to or from school. For example, make it clear that your child can only use the route that you have approved and that he or she should never run out into the street. If possible, make sure that your child has a friend or friends with whom he or she will plan on walking or biking with each day. Finally, make it clear that your child should not run, push, or chase other children when they are near the roadway.

What Should You Do if Your Child is Injured on the Way to or from School?

Unfortunately, accidents are bound to happen even under the best of circumstances, and it is impossible to reduce the risk of injury for anyone who commutes anywhere to zero, no matter how much want to.  In the event that your child is injured on the way to or from school, there are certain steps you can take to ensure that his or her legal rights to recover compensation are protected. Some of these include the following:

  • Have Your Child see a Physician Immediately – This step is important even if you do not think that your child has been serious injured. Injuries like mild concussions1 or whiplash2 may not be apparent right away but have the potential to cause serious and long-term complications. If you wait to have them diagnosed even for a few days, it can be difficult to prove they were caused by your child’s accident, jeopardizing his or her right to compensation.
  • Call a Lawyer – If your child has been injured in an accident, you should retain legal counsel as soon as his or her condition is stable. Retaining an attorney will ensure that your rights are protected and that your child obtains the full value of his or her legal claim.

Call a Philadelphia Personal Injury Attorney Today to Schedule a Free Consultation

If you or your child has been injured in an accident that you think may have been caused by someone else’s carelessness or negligence, you should speak with an attorney as soon as you can. In many cases, victims are able to recover compensation for a variety of losses, including their medical bills, lost income, loss of future earning potential, property damage, and physical and emotional pain and suffering, among others. To learn more about how a skilled Philadelphia personal injury lawyer can help you, call The Levin Firm today at 215-825-5183 or send us and email through our online contact form.

1 http://www.cdc.gov/traumaticbraininjury/symptoms.html

2 http://www.mayoclinic.org/diseases-conditions/whiplash/basics/definition/con-20033090

June 3, 2016

Store Liability for a Slip and Fall Accident

fall in a store

Any store that welcomes customers onto the property has a duty to keep them reasonably safe. An “unreasonable” condition that contributes to a fall can lead to an injury claim against the store.  Whether it’s a “big box” nationwide chain, a grocery chain or a local independent retailer, any business that invites the public onto its premises is obligated to take certain steps to keep customers out of harm’s way. Customers who are injured in slip and fall accidents on store premises may have a valid legal claim against the business.

Duty to Maintain Safe Premises

Like all businesses that open themselves up to the public, stores are legally obligated to maintain reasonably safe premises[1] for the protection of their customers. When a slip and fall accident happens at a department store, grocery store, or even a local “mom and pop”, the business may be liable for injuries if it can be shown that the slip and fall occurred due to unsafe conditions on the property. The store’s responsibility for compensating a customer who slipped and fell usually depends on the specific facts of the particular accident, but there are a few common conditions that lead to slip and fall accidents in stores.

Common In-Store Slip and Fall Accidents

Injuries from slip and falls at a store can happen for a variety of reasons. A customer might fall on in the entry way of the store or could trip over an errant floor mat. Items on display might be haphazardly placed and can fall in the pathway of a customer. The store might have poor lighting leading to poor visibility, or a prior customer’s spilled beverage could have left a puddle in an aisle. The possibilities are endless, but regardless of the cause of the slip and fall accident, the legal responsibility of the store will depend on whether it had, or should have reasonably had, notice of the unsafe condition and failed to take prompt action to fix the problem.

Holding the Store Liable for Damages

A store can be responsible for unsafe conditions under a few different legal theories. The store owner may be liable if it created the unsafe condition, by using a slippery clearer on the floors for example.  The owner may also be liable if it knew of the condition, even if it did not create it, but failed to take steps to remedy it. For instance, if one customer spills a drink in an aisle, and another customer injures her back after slipping on the puddle and falling on the floor, the store may be liable for the injury. In that circumstance, the injured person will have to show some evidence that the store knew or should have reasonably known of the condition. There must be some evidence that the spill sat there long enough for the store to have become aware of its presence and have a reasonable opportunity to clean it up and prevent an accident. The injured party may also demonstrate that the store knew or should have known that spilled products were common, but failed to have a system in place for monitoring and cleaning up such spills.

What Should You do After a Slip and Fall Accident at a Store?

After your slip and fall accident in a store, it is important to record everything that happened immediately while it is fresh in your mind:

  • Take photos of the area
  • Note any warning signs, conditions of the floor, conditions of the products or aisles near you and any other factor that contributed to the slip and fall
  • Get the names and contact information of witnesses to the incident
  • Write down the names of every store employee who spoke to you
  • Write down all of the facts as soon as you are able to do so.

Representatives and employees from the store will not help you on this matter.  You need to take matters into your own hands when gathering the evidence necessary to prove the business was at fault for your slip and fall accident so that you can review all of the information with a Philadelphia slip and fall accident attorney as soon a possible.

Contact a Philadelphia Slip and Fall Accident Attorney

At the Levin Firm, our team of highly skilled slip and fall accident attorneys can review your case and obtain the compensation you are entitled to receive for injuries as well as lost wages and other damages. Please call 215-825-5183 to schedule a free consultation today or call our toll free number at 877-825-8542.


[1] https://govt.westlaw.com/pac/Document/N1BD052C03EC111DCB090E72F2BA450B5?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1

May 20, 2016

Vision Problems Caused by Brain Injury

Vision problems after accident


Research estimates that 80-85 percent of an individual’s perception, learning, cognition, and activities are mediated through vision. It can be challenging, therefore, for anyone suffering from vision issues[1] after a brain injury.

Common Forms of Vision Problems After TBI

In general, 20-40 percent of people with traumatic brain injury (TBI) experience related vision disorders[2]. Some vision-related issues can be permanent while others resolve quickly. The extent and nature of the vision disorder is based, in part, upon the unique brain injury. Vision can be broken down into the following:

  • Visual motor abilities, including alignment, refers to “eye posture”, meaning the direction in which the eyes point. For example, if the eyes are straight and aligned, the eye posture is normal.
  • Visual perception is the ability to interpret information and surroundings from visible light reaching the eye.
  • Visual acuity refers to clarity of sight.
  • Visual field can include various different types of vision field loss.Optometrists Network [3] sets forth a list of vision related problems after a traumatic brain injury:
  • Blurred vision
  • Sensitivity to light, glare sensitivity
  • Reading difficulties; words appear to move
  • Comprehension difficulty
  • Attention and concentration difficulty
  • Memory difficulty
  • Double vision
  • Aching eyes
  • Headaches with visual tasks
  • Inability to maintain visual contact or focus
  • Reduction or loss of visual field (Visual Field Loss)
  • Difficulties with eye movements, such as:

eye tracking ability, shifting gaze quickly from one point to the other, focusing, eye alignment, eye teaming, and depth perception.

Techniques for Vision Problems Caused by TBI

There are various techniques and strategies to help people with vision problems[4] after TBI. They can include the following:

  • Prescription glasses: Corrective glasses can be used to assist with blurry vision.
  • Magnification: Glasses that magnify objects can be helpful for up close activities such as reading and using a cellular telephone.
  • Prism glasses: Prism glasses are specialized glasses with a prism ground into or put onto the lens. The prism changes the way that the light comes into the eye. This type of glasses can assist with double vision or visual field loss in many instances.
  • Lighting: Implementing better or varying lighting for different environments.
  • Patching: Patching one eye or part of the visual field of one eye to assist with double vision. The patch is placed to eliminate the information that results in the double image from coming into the brain.
  • Technologies: Using assistive technologies to help with activities such as reading or using a computer.
  • Vision therapy: Reteaching the eyes to move and look into missing areas in the vision field.

Other Strategies for Assisting with TBI-Related Vision Problems

  • Take a break: Take a break often when doing tasks that rely on vision. This may be especially important when reading, watching television or using a computer or other electronic device. Look up every 20 minutes and focus on something at least 20 feet away to give your eyes a break.
  • Avoid bothersome light sources. Fluorescent lights can be irritating to some people. Use natural light whenever possible. Wearing tinted sunglasses, indoors or out, may also provide assistance.
  • Reduce glare. Wearing tinted sunglasses can help with glare. Covering shiny surfaces that reflect light into the eyes is another possibility.
  • Avoid visual overload. Cut down on clutter in your home and at work. Try to keep all the items needed to complete a task together in one place. Designate one storage place for a frequently used item.

Contact a Philadelphia Brain Injury Attorney

The effects of a brain injury can be dramatic especially when it includes vision related problems. If you have vision difficulties after suffering from a brain injury, it is necessary to speak to an experienced Philadelphia brain injury attorney at the Levin Firm. We know how to evaluate your situation based on the facts of your case and to investigate what type of claim can be made on your behalf. Please call 215-825-5183 to schedule a free consultation today or call our toll free number at 877-825-8542.


[1] http://www.brainline.org/content/2011/03/vision-and-rehabilitation-after-brain-trauma-part-1-.html

[2] http://www.brainline.org/content/2010/02/vision-issues-after-brain-injury-brainline-talks-with-dr-gregory-goodrich.html

[3] http://www.optometrists.org/about_optometrists.html

[4] http://www.msktc.org/tbi/factsheets/Vision-Problems-And-Traumatic-Brain-Injury

March 21, 2016

I was exposed to asbestos at work – Now what?

Asbestos Attorney


While the link between asbestos and serious health problems like mesothelioma has been well established, many employees still have questions concerning asbestos such as the following:

  • What is asbestos?
  • In which occupations are you most likely to encounter significant levels of asbestos?
  • What steps can be taken to protect employees from mesothelioma and other health problems linked to asbestos exposure?

Below are some answers to your questions relating to asbestos.

What is Asbestos?

Asbestos is a naturally occurring, fibrous material that has been used in many industries and occupations for decades. But, long before its popularity in industry peaked, asbestos became linked to health problems, and over the years thousands of workers have developed a deadly asbestos-related disease called mesothelioma. Asbestos has been classified as a cancer-causing substance.

Asbestos in the Workplace

Everyone breathes in trace amounts of asbestos each day, but because asbestos fibers can be inhaled, even short-term exposure to high levels of asbestos while on the job can lead to breathing problems, coughing, and shortness of breath. It comes as no surprise that the most severe health risks come from long-term exposure to asbestos on the job.  In many instances, older people who may have spent decades in the workplace before safety measures were developed to protect employees from asbestos exposure are at even greater risk.

Serious health problems related to asbestos exposure include:

  • Lung cancer
  • Mesothelioma
  • Asbestosis
  • Colorectal and gastrointestinal cancers
  • Abnormalities in the lining of the chest cavity

Jobs With Greater Risk of Asbestos Exposure

Exposure to asbestos is still quite common in some lines of work. Here’s a list of occupations and industries that have traditionally seen workers exposed to significant levels of asbestos:

  • Construction
  • Shipbuilding
  • Paper mills
  • Mining
  • Heating and cooling equipment repair
  • Automotive repair
  • Manufacture of products containing asbestos
  • Roofing
  • Janitorial

Your Rights

The Occupational Safety and Health Administration (OSHA) and other workplace safety agencies were established to carefully regulate and monitor asbestos exposure on the job.  So more than likely your employer is legally required to take certain steps to protect you and your coworkers from any health risks involving asbestos.

Depending on the industry you work in and the specifics of your job, you may be legally entitled to receive the following protections from asbestos exposure while on the job:

  • Training of employees who will be working with and around asbestos
  • Properly ventilated workspaces
  • Monitoring of employees for asbestos exposure levels
  • Warning signs and instructions in areas where asbestos-related work is performed
  • Protective clothing like coveralls, gloves, foot coverings, face shields, and goggles
  • Protective equipment like respirators
  • Showers and other post-exposure precautions
  • Medical examinations for certain workers who are exposed to high levels of asbestos.

Who Is Legally Responsible?

If jobs you have held involved working with or around significant amounts of asbestos, you may have questions about lawsuits regarding exposure to asbestos.  Generally speaking, if an employee suffers from health problems that are caused by asbestos in the workplace, a lawsuit would be filed against some or all of the following parties:

  • The company that manufactured the asbestos or any protective equipment that failed to work properly
  • Owners of the premises where the work was being performed
  • Contractors and sub-contractors involved in the work being performed.

At The Levin Firm, we understand that representing workers’ compensation claimants requires particular types of skills and knowledge, as well as ability to understand your rights as an employee. We understand these issues, and work with our clients, their friends and family, as well as their doctors, psychologists, long-term care planners, and others – to ensure that our clients receive not only the finest legal representation, but also the finest support and medical care.

Workers’ compensation claims are complex, and require attorneys who understand how to navigate the system, and who are willing to explain the status of your case to you every step of the way. At The Levin Firm, we investigate every claim so that we may aggressively and zealously represent our clients and obtain the best possible results.

When you need a Philadelphia, Pennsylvania or New Jersey personal injury attorney to represent you, a family member or friend who has been injured at work, contact The Levin Firm at (215) 825-5183We represent every client zealously in order to obtain the best results possible in each case.


1.      https://www.levininjuryfirm.com/philadelphia/workplace-injuries/workers-compensation/

2.      http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html

3.      http://www.nolo.com/legal-encyclopedia/workers-compensation

4.      http://www.nolo.com/legal-encyclopedia/getting-fair-amount-from-your-workers-comp-settlement.html

November 23, 2015

Mental Health Issues can Affect Truck Driver Performance


Philadelphia Truck Accident Attorney

Commercial truck drivers are charged with operating extraordinarily large tractor-trailers, flatbed trucks, tankers, and other commercial vehicles at high speeds alongside small cars and other passenger vehicles on a regular basis. When a collision occurs, commercial trucks can cause catastrophic and often fatal injuries to motorists in smaller vehicles. Because of the significant risks of these collisions, it is critical that every commercial driver is in the appropriate mental state every time they get behind the wheel.

Despite the importance of proper mental health, many commercial drivers continue to work operating large trucks even though they know they suffer from emotional or mental conditions [1] that may affect their concentration, judgment, and other important faculties. Perhaps more concerning is the fact that, instead of seeking professional assistance, many truck drivers try to mask their mental health issues through self-medication. These drivers use alcohol or illegal controlled substances to regulate their thoughts and moods. Instead of stabilizing mental health, substance abuse often makes a person’s mental state even worse.

There is no excuse for commercial drivers to put other motorists at risk because they continue to drive with mental health issues and without seeking a proper mental health evaluation. Anyone who has sustained injuries in an accident due to a negligent truck driver should discuss their situation with a Philadelphia truck accident attorney as soon as possible.

Common mental health issues in truck drivers

Commercial truck driving is not an easy job. It involves controlling large vehicles for long hours alone on often monotonous strips of highway. Because the job conditions can cause boredom and loneliness, it is understandable that certain drivers may develop mental or emotional conditions. The National Institute of Health (NIH) conducted a study that indicated that a substantial number of drivers of commercial vehicles suffer from mental health conditions, including the following:

  • Depression
  • Anxiety
  • Chronic loneliness
  • Chronic insomnia or other sleep disturbances
  • Personality disorders
  • Other types of emotional impairments and issues

All of the above have the potential to affect a driver’s judgment, focus, decision-making abilities, and more. Additionally, some mental health issues can lead to recklessness or even aggression on the road, which can be highly dangerous.

FMCSA has mental health requirements

The Federal Motor Carrier Safety Administration (FMCSA) has medical requirements [2] to ensure that all individuals are in adequate health to operate a large vehicle before they can get or renew their commercial driver’s license. Drivers must undergo a thorough medical exam conducted by a medical professional approved by the FMCSA. In addition to looking for any dangerous physical health problems, these examiners should also look for any potential mental health issues, as well. Doctors should consider the mental and emotional effects and demands of truck driving when determining whether to sign off on a particular driver’s health. A driver may need to undergo a psychiatric evaluation in order to meet these requirements. If a driver does have a mental condition but is taking the proper medication to regulate it and the medication does not impair their other faculties, a driver may still be approved depending on the other circumstances present.

Even if a driver initially passed the medical exam, they still need to report if they begin suffering from any mental health issues and should always seek proper treatment. Furthermore, if a trucking company believes that one of its drivers is having problems with their mental or emotional health, the company should require the driver to be evaluated and to receive any recommended treatment for a mental health diagnosis before they can continue driving. If a truck driver or their employer continues to allow the driver to operate a commercial vehicle knowing that mental instability may exist, they should be held liable for all injuries and losses that result from an accident.

Contact an experienced Philadelphia truck accident attorney today

There is no excuse for a truck driver who is operating a commercial truck with a mental or emotional problem that may hider their ability to safely drive the vehicle. Doing so is extraordinarily dangerous and puts the safety of everyone else on the road at risk. Following an accident, it is important to consider the health of the driver to determine whether that could have contributed to or caused the collision. At The Levin Firm, we understand the many possible causes of truck accidents and will investigate to identify any possible negligent acts in your case. Please call for a free consultation at 215-825-5183 today.

[1] http://www.ncbi.nlm.nih.gov/pubmed/22757596

[2] http://www.fmcsa.dot.gov/regulations/title49/section/391.43


November 16, 2015

Issues with Crash Avoidance Technology


Auto manufacturers are constantly trying to come up with new systems and features to offer in their models to attract customers. Due to an increased concern about vehicle safety over the past couple of decades, manufacturers have specifically looked for ways to both protect motorists in the event of a crash and to try to prevent crashes from happening in the first place. One feature commonly offered on cars and SUVs is crash avoidance technology.

There are many different types of crash avoidance technologies offered on different types of vehicles. For example, the following are some features a vehicle may have:

  • Electronic stability control – This older system detects when a driver has lost steering control due to skidding or other loss of traction. The system then automatically reduces engine power and/or applies individual brakes in a manner that allows a driver to regain control
  • Collision warning systems – These systems use laser, camera, or radar sensors to determine if a moving vehicle is coming too close to another vehicle or object and then warns the driver of an imminent crash so the driver and apply the brakes or steer to avoid the collision.
  • Automatic emergency braking and/or steering systems – If these systems detect an imminent collision, the vehicle autonomously applies the brakes or steers the vehicle out of the path of the danger. Generally, braking will occur at lower speeds and steering will occur at higher speeds.

Though these systems do not always completely prevent a front collision, in many situations, a resulting impact may be much less severe than if the driver had no warning or assistance at all. Other examples of crash prevention systems include warnings when a driver is about to back over something, warnings when speed is too high on a curve, warnings when a driver is departing their lane, and systems that detect vehicles or objects in a driver’s blind spot.

Effectiveness of crash avoidance systems

The Department of Transportation (DOT) and the Insurance Institute for Highway Safety (IIHS) have touted the general effectiveness of these systems in avoiding crashes. For example, IIHS research showed that electronic stability control technology can reduce the risk of rollover accidents by up to 80 percent and the risk of fatal accidents by over 30 percent. [1] Some front crash prevention systems were found to reduce insurance claims for bodily injury by approximately 29 percent. [2]

These crash avoidance technologies are often only included in the more expensive models an auto manufacturer may offer. However, because of the largely successful results of these systems thus far, ten different auto manufacturers have recently pledged [3] to begin including automatic emergency braking technology as standard on every new vehicle they build. These manufacturers include:

  • Audi
  • Ford
  • Mazda
  • Toyota
  • Volvo
  •  BMW
  • General Motors
  • Mercedes-Benz
  • Tesla
  • Volkswagon

You cannot always rely on crash avoidance systems

Though these systems do protect motorists from accidents and resulting injuries, they are not infallible. If fact, the following are some things of which motorists using these systems should be aware:

  • Systems can malfunction – Like any other part of a motor vehicle, these systems can be defective and may malfunction. If a driver is relying on this technology to avoid a crash and is used to the warning system, they may not be paying as close of attention to the road. If they come upon a vehicle or obstacle and do not hear a warning due to a malfunction, they may react less instinctively than they normally would because they are used to the warnings. Additionally, if these systems malfunction and apply the brakes or steer the vehicle when it is not necessary to avoid a crash, it could even cause a collision.
  • Weather conditions can affect performance – Sensors that detect a potential crash may not work in any type of adverse weather condition such as rain, snow, sleet, or fog. Since these types of weather conditions often increase the risk of crashes in the first place, the failure of this technology can lead to serious crashes and injuries.
  • These systems cannot compensate for driver negligence –  No matter how effective a crash avoidance system may be, it cannot prevent accidents that are caused by other negligent drivers, so motorists should always be vigilant when on the roads.

Contact an experienced Philadelphia auto accident attorney today

If you have been in a crash due to failed equipment, a negligent driver, or any other reason, please do not hesitate to call a qualified car accident lawyer at The Levin Firm at 215-825-5183 for a free consultation today.

[1] http://www.iihs.org/iihs/news/desktopnews/electronic-stability-control-could-prevent-nearly-one-third-of-all-fatal-crashes-and-reduce-rollover-risk-by-as-much-as-80-effect-is-found-on-single-and-multiple-vehicle-crashes

[2] http://www.iihs.org/iihs/sr/statusreport/article/50/7/2

[3] http://www.iihs.org/iihs/news/desktopnews/u-s-dot-and-iihs-announce-historic-commitment-from-10-automakers-to-include-automatic-emergency-braking-on-all-new-vehicles


Latest News

June 19, 2018

Watch for Hazards at Pools this Summer

Philadelphia has many swimming pools to help us all beat the heat and spend a day in the sun during the summer months. Some pools are open to the public and others belong to hotels, …

June 12, 2018

Dangers for Construction Workers in Philly

Construction work is a risky industry. Crews are constantly working on unstable structures, from heights, with electrical systems, and with heavy machinery and power tools. It is important that construction companies and contractors employ proper …

June 1, 2018

How Truck Cargo Can Cause Accidents

Accidents involving large commercial trucks are inherently dangerous because of their massive size and weight. However, they can also be dangerous due to the cargo they carry. Sometimes the cargo itself can cause accidents and …

view more

Free Case Consultation

Fill out the form below to schedule a free initial consultation

    In an effort to prevent spam please click “I agree” below to confirm you are a human being. (Required.)