Florida Injury Lawyer Blog

Toyota Motor Corp recalled 1.35 million vehicles this week to fix defects in the seatbelt or exhaust systems.

Florida defective product and vehicle defect attorneys urge Toyota owners to check to see if their car is part of the vehicle recall.

About 830,000 of the cars include the Yaris, manufactured between January 2005 and April 2008 and exported to Europe, the United States and other countries.

One case of fire was reported in Japan due to faulty seatbelt design, which could cause melting when the belt is activated during a collision, Toyota said.

Continue reading " Florida vehicle defect attorneys warn Toyota owners of recall " »

A 34-year-old Fort Myers man was sentenced to 15 years in prison and had his driver's license permanently revoked as a result of a horrific drunk driving crash that killed two children and left their mother and brother critically injured.

The wrongful death and personal injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, represent the family in their pending civil lawsuit for the injuries and wrongful death caused by the drunk driving crash.

. The Jan. 14, 2007 crash near Fort Myers Beach killed Jordy Martinez, 1, and Jesus Martinez, 6. Their older brother Juan, who was seated in the back seat with his siblings, and their mother, Maria Bustamante, were seriously injured.

George Butler III, pleaded no contest last month to all 12 charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury. Butler said he did not want to put the family through the pain of a trial and left his sentence up to Judge Margaret Steinbeck.

Butler was arrested after hitting several cars in the parking lot of a beach bar, before racing off the beach and colliding with the vehicle driven by Maria Bustamante.

Judge Steinbeck cited Butler's mental health issues, lack of a prior criminal record and his remorse as reasons she did not sentence him to the maximum of 30 years to life in prison in the criminal case.

The civil case remains pending. Filed by Associates and Bruce L. Scheiner, Personal Injury Lawyers, it seeks compensation for the devastated Bustamante family.

"The defendant killed two children and seriously injured another child and two adults," Steinbeck said. "The court finds a lengthy prison sentence to be appropriate to punish the defendant."

Steinbeck also ordered Butler to perform community service by working to prevent teenage drinking upon his release, where he will be subject to additional restrictions through probation and parole.

Continue reading " Fort Myers man sentenced to 15 years in prison for tragic drunk driving crash " »

Nearly 1 in every 4 drivers on Florida roads is driving without insurance, a number likely to increase with a souring economy. The trend is prompting Florida injury lawyers to encourage motorists to make sure their uninsured/underinsured motorist coverage is adequate in the event of a serious accident.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage Florida drivers to make sure they have uninsured/underinsured motorist coverage. It can be purchased as stacked or unstacked.

Florida Personal Injury Lawyer Preston J. Scheiner, said motorists with more than one vehicle are encourage to purchase stacked coverage because it affords the potential for better benefits in the event of an accident with an uninsured driver.

Scheiner said motorists should purchase as much coverage as they can afford. "It is relatively inexpensive compared to the cost of being hit by an uninsured driver," he said.

The recent report released by the Insurance Research Council ranked Florida as fifth-highest in the nation, with 23 percent of drivers without insurance, compared to a national average of 13 percent.

Florida joined New Mexico (29 percent), Mississippi (28 percent), Alabama (26 percent), and Oklahoma (24 percent) as the states with the highest number of uninsured motorists on the road.

While nationally the rate has decreased from 14.9 percent in 2003 to 13.8 percent in 2007, the Insurance Research Council reports the recent economic downturn is expected to trigger a sharp rise in the number of uninsured motorists on our roads.

"An increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments," said Elizabeth A. Sprinkel, senior vice president of the IRC.

Continue reading " Florida accident attorneys warn of possible spike in uninsured motorists " »

More than half a million Stork Craft Baby Cribs pose an entrapment and suffocation risk, the federal government warned this month.

Florida injury lawyers and the child injury and defective product attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to check their cribs to ensure infant safety.

The Consumer Product Safety Commission has instructed customers to stop using the products immediately.

The recall impacts 535,000 cribs made my Stork Craft Manufacturing Inc. and sold between May 2000 and November 2008. The cribs came in a variety of styles and finishes.

The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails, according to the government.

The cribs were sold at major retailers, such as J.C. Penny, KMart and Walmart and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com the CPSC said.

Stork Craft Manufacturing's name, address and contact information, are located on the assembly instruction sheet, which is attached to the mattress support board. Some models also have the company enscribed on the teething rail.

Customers can contact Stork Craft at (866) 361-3321 to receive a free replacement kit. The company also can be reached online at www.storkcraft.com.

The CPSC also offers general crib safety tips, which parents can find here.

Continue reading " Southwest Florida parents warned of dangerous, defective baby cribs " »

Lawmakers will tackle tougher seat belt enforcement and distracted-driving regulations as part of a 2009 agenda aimed at reducing car accidents on Florida roads.

Florida accident attorneys and the staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, handle hundreds of cases in which car accidents are caused by distracted drivers or in which unbelted motorists are seriously injured or killed in a collision.

The American Automobile Association (AAA) is pushing a measure that would make Florida's safety belt law a primary offense and permit traffic stops. Currently, motorists can only be cited for a seat belt violation if they have been pulled over for a traffic infraction.

Supporters of the measure estimate it would save 142 lives and prevent 2,019 injuries caused by Florida traffic accidents in the first year alone. The law also would make the state eligible for $46.1 million in federal incentives.

The National Highway Traffic and Safety Administration reports the nationwide seat belt compliance rate sat at 82 percent in 2007. But state-by-state compliance varied widely, from 64 percent in New Hampshire to 98 percent in Hawaii. States with primary enforcement laws enjoyed greater compliance, according to the statistics.

Florida ranks right in the middle in terms of its compliance rate, which has increased this decade, from 69.5 percent in 2001 to 79.1 in 2007. Nationally, it ranks 26 of the 50 states.

Florida lawmakers also plan to tackle the issue of distracted drivers with a number of potential laws addressing everything from cellphone use by teen drivers to text messaging.

Jay Anderson, a retired Fort Myers-area paramedic and founder of Stay Alive ... Just Drive supports a ban on the use of cellphones and text messaging by all drivers. Known as Heather's Law, the proposal is named for a Florida girl killed in a 10-car pileup caused by a truck driver who was allegedly text messaging.

If adopted, Anderson said Florida would join five other states that ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

In addition to these issues, AAA is supporting measures to regulate unnecessary towing regulations and will monitor bills related to transportation, toll roads, child restraints, driver education, red light cameras and accident taxes.

Anyone interested in getting involved in these issues can click here to sign up for AAA's Action e-list.

Continue reading " Causes of car accidents, serious injury targeted by Florida lawmakers " »

More than 30,000 child safety seats are being recalled this month, according to the National Highway Traffic Safety Administration, which warns the seats may fail to properly secure young passengers in the event of an auto accident.

Florida accident attorneys, defective product lawyers and child injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge parents to check their child seats to see if they are part of the recall and to make sure they are otherwise in proper working order.

Click here to enter your zip code into a national database for the nearest location for a safety seat inspection by a qualified professional. Such inspections are available free at many fire stations and hospitals throughout Southwest Florida, including Lee County, Charlotte County and Collier County.

The current recall affects 31,392 Britax Frontier child restraint systems. The child safety seats could fail to properly secure young passengers in the event of a crash, according to the NHTSA.

"It is extremely important that parents and caregivers are aware of the recall and take action to get their child restraints repaired," said NHTSA Acting Administrator David Kelly.

Britax is recalling the seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened one strap at a time. Affected models include the Britax Frontier models E9L54E7, E9L54H6, E9L54H7, and E9L54M6 manufactured on or before Sept. 14, 2008 and model E9L5490 manufactured on or before Sept. 17, 2008.

Click here for more information about the recall.

The NHTSA also encourages parents and caregivers to sign-up to receive updates about child seat recalls via e-mail. The agency's research shows that less than half of affected consumers respond to recalls.

"One of the reasons we see such a low return rate is because owners are difficult to reach if they have not registered the seat with us or the manufacturer," said Kelly.

Consumers can sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “E-mail” or “RSS” option to register. Consumers with questions about this or any other safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline 1-888-327-4236 (TTY: 1-800-424-9153).

Continue reading " Florida motorists, parents should check child seats to prevent injury " »

Florida motorists will pay more for speeding, running red lights and other traffic infractions under a plan to raise money from motorists to help cover the looming state budget deficit.

Accident attorneys and personal injury lawyers handle hundreds of car accident and motorcycle accident cases in Southwest Florida each year caused by speeding motorists and a recent study suggests 1 in every 4 accidents is caused by a motorist who ignored a traffic control device.

In recent years, the state substantially increased the cost of red light violations, with a portion of the proceeds going to trauma centers, including Lee Memorial Hospital.

The Miami Herald reports running a red light would cost $208 under the new plan, while speeding 25 mph over the limit will come with a $258 fine.

Additionally, lawmakers would impose a new $10 charge on all traffic infractions, ranging from expired tags to running a stop sign. And the plan would eliminate the 18 percent discount available to violators who go to traffic school. And it would also take away the rights of a judge to waive the fine.

In some areas, the cost could be even higher because counties and cities have the option of imposing additional charges.

The state estimates the increases will bring in an additional $63 million a year.

Under state law, drivers who do not pay their fines face having their driver's license suspended.

Continue reading " Will higher fines reduce Florida car accidents, reckless driving? " »

The News-Press of Fort Myers reported Tuesday that a dump truck ran a red light and crashed into a Lee County school bus, sending both drivers and two students to the hospital with unspecified injuries as a result of the Fort Myers dump truck accident.

The Florida car wreck attorneys and trucking accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to pay extra attention to large trucks on the road and use extra caution when near commercial trucks.

A dump truck can weigh 70,000 pounds when fully loaded -- more than 20 times the weight of a passenger car. A loaded semi can weight even more.

The dump truck, pictured here in a photograph by The News-Press, was heading westbound on Palm Beach Boulevard when authorities report that it failed to stop at the red light at Davis Boulevard, striking the southbound bus on the driver's side.

Continue reading " Dump truck runs red light, hits school bus in Fort Myers truck accident " »

Fatal traffic crashes dropped by more than 30 percent in 2008. However, nearly 1 in every 5 fatal accidents involved a motorcycle, according to preliminary data from the Florida Highway Patrol.

Officials point to a souring economy, fewer travelers and skyrocketing gas prices as reasons for the drop, according to an article in The News-Press of Fort Myers.

Car accident attorneys and motorcycle accident lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to use caution on the roads as gas prices drop and we enter prime tourism season in Southwest Florida.

Please remember every season is motorcycle season in Southwest Florida and riders will be sharing the road with other motorists throughout the winter months.

The Highway Patrol reported 70 fatal accidents in Lee County last year, compared to 106 in 2007 and a record 150 in 2005.

Gas prices hit $4 a gallon this summer before dropping late in the year.

"When they were at $3.50 and $4 a gallon, people definitely were driving less," AAA Division Manager David Pojero told The News-Press.

Lee County Sheriff's Sgt. David Petracca indicated the cost of fuel also deterred some people from speeding and driving erratically as they sought to conserve fuel.

"They're a little more cautious," he said.

Law enforcement also expects to have issued more tickets in 2008 -- final numbers will be available later this month.

At least 17 percent of fatal crashes involved a motorcycle. Preliminary statistics suggest at least 12 motorcycle riders were killed on Lee County Roads in 2008.

The sheriff's office reported the last four fatalities it worked in 2008 involved a motorcycle rider.

Continue reading " Fatal traffic accidents decline in Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs " »

The dangerous and deadly business of running red lights at Southwest Florida intersections is increasingly caught on camera – a costly, if not fatal error for the driver and evidence increasingly used in court by criminal and accident lawyers.

Lee County is testing a camera at Colonial Boulevard and Summerlin Road, The News-Press reports, and cameras at other intersections could be on the way.

Orlando and Collier County, including the City of Naples, already use the cameras and have written local laws to get around a state prohibition against ticketing offenders based on video evidence (current state law only allows such ticketing for toll cheaters).

The accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge motorists to use caution at intersections. The firm has handled hundreds of cases where motorists are seriously injured or killed in an intersection accident because an offender was in a hurry and failed to stop at a red light or stop sign.

Lee County will use the camera to determine how many tickets it could issue and how many extra staff members it would take to process violators. State lawmakers are likely to take up the cause of allowing tickets to be issued this year, even without a special ordinance.

Detractors point out that vehicle owners would get the ticket in the mail, regardless of who was caught on camera driving. And there is some data to suggest that rear-end collisions have increased at intersections where cameras have been installed.

But the deadly issue is getting increased attention. Several years ago, the state doubled the cost of red-light tickets and passed a substantial portion of the proceeds on to trauma centers, including Lee Memorial Hospital, which deal with the carnage left in the wake of someone in too big of a hurry to pay attention to one of driving’s most basic safety requirements.

More than 13,000 crashes were reported at Lee County intersections during the last three years.

A recent nationwide study of deadly crashes at traffic signals found nearly 1 in 4 failed to obey the light, injuring more than 144,000 people nationwide in 2006. Nearly half the fatalities caused by red-light runners are pedestrians and vehicle passengers, according to information gathered by Jay Anderson, a retired Fort Myers-area paramedic and founder of "Stay Alive ... Just Drive," a campaign that urges motorists to concentrate on driving and avoid distractions like cell phones.

A 2007 California study found red-light runners were three times more likely to have multiple speeding convictions, were less likely to use seatbelts and drove smaller and older vehicles, further increasing their chance of serious injury or death.

Continue reading " Southwest Florida points cameras at red light violators, aims to reduce accidents " »

The new year brings new rules for public and semi-public swimming pools as authorities seek to reduce swimming pool accidents and drowning risk during Southwest Florida's prime tourist season.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers wish everyone a safe and happy winter season but want to remind visitors and residents alike that the winter months often bring increased danger of accidental drowning.

Florida has the highest drowning rate for small children of any state in the nation. Last spring, in Cape Coral alone, five people drowned and three others were hospitalized. For children under 5, Florida drowning rate is twice the national average, with most deaths occurring in residential swimming pools.

Nationally, drowning is the second-leading cause of accidental death for children under 14.

“I think a lot of times it’s just those few moments when a pool gate was left open or a sliding glass door was left open,” pediatrician Dr. Stan Wiggins told NBC-2 recently. Wiggins said it is especially important for grandparents to make sure their pool area is secure when children come to visit.

Pediatricians also advise parents, grandparents and care givers to learn child and infant CPR.

The new year also brings with it new laws requiring safer pool drains and systems designed to reduce the risk of entrapment. On Dec. 19, the Consumer Product Safety Commission began requiring the improvements on hotel, apartment and condo pools.

Lee County ranks fourth in the state for the highest number of residential swimming pools. In fact, the recent real estate boom brought more new residential swimming pools to Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs and the surrounding area than anywhere else in Florida.

Newer swimming pools must include certain mandatory safety features, including a pool surrounding at least 4-foot tall, self-closing and self-locking pool entries and door and window alarms between the home and pool area.

Pool owners – whether hotel, home or condo – have certain legal responsibilities.

Continue reading " Pool rules, awareness seek to prevent drowning in Southwest Florida " »