Florida Injury Lawyer Blog

A new education program aimed at increasing awareness of the dangers of distracted driving is now available in Southwest Florida.

Florida injury lawyers and personal injury attorneys routinely handles crashes caused by distracted drivers and urge motorists to pay attention to the road for their own safety and the safety of those around them. Distracted driving often contributes to car accidents, motorcycle accident, trucking accidents, and accidents involving bicycles and pedestrians throughout Southwest Florida.

The program -- offered by "Stay Alive... Just Drive!" and its founder, retired Fort Myers-area paramedic Jay Anderson -- is available for purchase or for presentation to non-profit and other groups as an educational resource.

"It's a very comprehensive presentation aimed at raising the awareness of distracted driving in all forms," said Anderson, who likens distracted driving to driving while impaired by alcohol or other drugs.

Anderson is supporting Heather's Law -- Florida Senate Bill 172, which will be debated in the upcoming spring session of the Florida legislature -- which would make it illegal to talk on the phone or text message while driving.

"Results of various studies have proven the dangers of distracted driving and obviously people are not going to make an attempt by themselves," said Anderson of the law. If passed, Florida would join half-a-dozen states with similar restrictions.

The law is named for a Florida teenager who was killed in a crash with a truck driver, who was allegedly text messaging at the time.

The distracted driving presentation "LOL I"M NT BSY I'M ONLY DRIVING," takes about 60 minutes.

Anderson said the typical driving distraction lasts three seconds -- enough time for a car going 45 mph to travel more than half the length of a football field.

A 2006 study of 100 drivers by Virginia Tech Transportation Institute found driver distractions are the cause of 80 percent of vehicle crashes and 65 percent of near misses.

Those wanting more information can call "Stay Alive ... Just Drive!" at (239) 340-8693.

Continue reading " Distracted driving prevention program aimed at reducing car accidents in Southwest Florida " »

Fewer drunk drivers cause fewer accidents and claim fewer lives in Southwest Florida drunk driving crashes because of the minimum drinking age of 21, according to the Lee County and national chapters of Mother's Against Drunk Driving.

Florida injury lawyers and personal injury attorneys in Fort Myers, Naples, Cape Coral and throughout Southwest Florida handle dozen's of cases in which an innocent motorist is seriously injured or killed by the senseless, careless and negligent acts of drunk drivers.

Mother's Against Drunk Driving came out swinging this week after a newsmagazine report on CBS' "60 Minutes" took up the issue of whether the 21-and-up legal drinking age nationwide actually contributes to instances of underage binge drinking among teens.

The 21-and-up law "saves about 900 lives a year," said Brenda Gellinger, local MADD president and family support coordinator for the Lee County Sheriff's Office. She said the "60 Minutes" program "missed the mark by not including the fact that changing the drinking age would only pass the buck to high school principals.”

The head of MADD nationally was even more outspoken.

"We are deeply disturbed by the so-called debate over the drinking age that has minimized the lifesaving benefits of the 21 law," said Laura Dean-Mooney, MADD's national president. "The 21 law saves lives -- 900 a year on the roadways, including those 21 and older impacted by underage driving and driving."

MADD said the current drinking age is supported by the American Medical Association, the National Transportation Safety Board, the International Association of Chiefs of Police and the Insurance Institute of Highway Safety.

Last fall, the presidents of 100 universities -- including Dartmouth, Virginia Tech and Duke, said the two-decades since the drinking age was raised from 18 to 21 in the mid-1980s have been unsuccessful in discouraging underage drinking. And some are arguing, like prohibition, the restrictions on young adults are forcing it underground, away form parents and adults who could teach moderation, and actually making the problem worse.

MADD counters that binge drinking and alcohol abuse have always been problems on college campuses -- and that alcohol abuse and dependence rates are actually higher for college students than non-college students, regardless of the drinking age.

Donna Shalala, president of the University of Miami and former U.S. Department of Health and Human Services Secretary, supports maintaining the drinking age at 21.

"As a three-time university president, I can tell you that losing a student to an alcohol-related tragedy is one of the hardest and heart-rending experiences imaginable," Shalala said. "It's not just the loss of life but the loss of the future and that potential that bright, young individual had to offer."

In the two decades since states began setting the legal drinking age at 21, the government estimates that 26,000 lives have been saved. Of the 5,000 total alcohol-related deaths among 18 to 24 year olds, 80 percent, or 4,000, were the result of traffic crashes.

Continue reading " Southwest Florida drunk driving reduced, lives saved because of minimum drinking age, MADD argues " »

Southwest Florida motorists should pay close attention at Lee County's most dangerous intersections, where serious car accidents are often a weekly occurrence.

Florida injury lawyers and personal injury attorneys often deal with serious personal injury cases resulting from car accidents, motorcycle accidents and trucking accidents at dangerous intersections in Fort Myers, Bonita Springs, North Fort Myers, Cape Coral and Lehigh Acres.

According to the Lee County Department of Transportation, 103,550 vehicles a day passed through the intersection of U.S. 41 and Cypress Lake/Daniels Parkway in the most recent year for which statistics are available. The 106 accidents, or almost two a week, make the Fort Myers intersection home to the most accidents in Southwest Florida.

However, Gunnery Road/Daniels Parkway and State Road 82 had the highest accident rate when figured by traffic volume -- 53 crashes, or more than one a week, despite serving just 32,950 cars a day, or less than one-third the number of cars at U.S. 41 and Daniels.

Below is a listing of some of the area's most dangerous intersections. Note that an intersection could have a smaller number of total accidents but rank higher in overall accident rate (accidents per vehicle) because of the amount of overall traffic at that intersection.

Dangerous intersections in Fort Myers led to a high number of car accidents at the following locations:
- Cypress Lake/Daniels Parkway and U.S. 41: 106 annual crashes is the most overall. Ranks 9th highest of 117 rated intersections according to the rate of accident per vehicle.
- Gladiolus Dr/Six Mile Cypress and U.S. 41: 94 annual crashes is second-highest overall. Ranks 11th of 117 rated intersections according to the rate of accidents per vehicle.
- College Parkway/Woodland Boulevard and U.S. 41: 79 crashes is third-highest overall. Ranks 13th of 117 rated intersections according to the rate of accidents per vehicle.
- Colonial Boulevard and Ortiz/Six Mile Cypress: 77 annual crashes is fourth highest overall. Ranks 16th highest of 117 rated intersections when adjusted for overall traffic figures.

Dangerous intersections in Lehigh Acres led to a high number of car accidents and other crashes:
- Gunnery Road/Daniels Parkway and SR 82: 53 accidents gives it the highest rate of accidents per vehicle of the 117 rated intersections in Lee County.
-Gunnery Road N and Lee Boulevard: 45 accidents gives it the 6th highest accident rate of 117 rated intersections in Lee County.

Dangerous accidents in Bonita Springs, Estero, San Carlos Park areas contribute to a large number of car accidents and other crashes:
- Corkscrew Road and Three Oaks Parkway: 43 accidents gives it the 7th highest accident rate of 117 rated intersections.
- Corkscrew Road and I-75 Exit 123 Northbound Ramp: 23 accidents is the 9th highest accident rate of 117 rated intersections.
- Alico Road and U.S. 41: 54 accidents is 17th overall.
- Bonita Beach Road and U.S. 41: 52 accidents is 24th highest accident rate of the 117 rated intersections.

North Fort Myers and Cape Coral intersections that have a high rate of car accidents and other crashes:
-Pondella Road and U.S. 41: 62 accidents is the 4th highest rate of the 117 rated intersections.
- Del Prado Boulevard S. and Veteran's Parkway: 64 accidents is 12th highest rate of accidents of the 117th rated intersections.
- Pine Island Road and U.S. 41: 55 accidents is 15th highest rate of 117 rated intersections.

Click here for a complete list of intersections.

Continue reading " Southwest Florida car accidents likely to occur at Lee County's most dangerous intersections " »

More than 100 car accidents were reported in the parking lots of area malls during the last 4 months of 2008, according to a recent article in The News-Press of Fort Myers.

Florida accident attorneys and personal injury lawyers urge motorists to use caution in parking lots, where accidents can happen as people pay less attention and are more lax about obeying stop signs and other traffic control devices.

In just the last 4.5 months of 2008, 129 car crashes were reported at Lee County's five malls.
- Gulf Coast Town Center in San Carlos Park topped the list with 33 car accidents.
-Edison Mall in Fort Myers was just one behind, with 32 car accidents.
- At Bell Tower Shops in South Fort Myers, 28 car accidents were reported.
- Coconut Point Mall logged 24 crashes.
- And Miromar outlets reported a dozen car accidents.

Numerous web resources offer parking lot safety tips, including:
- Obey traffic lanes and avoid cutting diagonally across lots.
- Obey traffic signs, including stop signs, crosswalks and yield signs.
- Use turn signals and obey other traffic laws as you would on a public street.
- Be vigilant in looking for pedestrians, bicycles and other traffic before moving.
- Watch for parents pushing baby carriages and strollers or people in wheelchairs.
- Use extra caution in looking for people or traffic behind you when backing out of a space.
- Don't race for a parking spot you think is about to be vacated.
- Obey the traffic flow patterns marked on the surface of the lot.

If you have been in a car accident in Southwest Florida, talking to a personal injury attorney can help protect your rights.

Cape Coral bike night was enjoyed by more than 10,000 motorcycle riders from throughout Southwest Florida on Saturday night.

Thousands of motorcycles -- including hundreds of custom one-of-a-kind choppers -- drew crowds from throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Port Charlotte and North Port.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, once again provided primary sponsorship for the entire season -- the final bike night is scheduled for Saturday April 11. The firm has been an advocate for motorcycle safety and motorcycle rights in Southwest Florida since 1971.

Live music, great food, raffles, apparel sales, a slow bike race and a $25,000 contest sponsored by Fort Myers Harley-Davidson, brought the motorcycle community out in force for what has become Southwest Florida's largest motorcycle venue.

The City of Cape Coral shut down SE 47th Terrace and turned it over to motorcycle enthusiasts for the evening.

"The Cape Coral Bike Nights have turned into the area's premier venue for motorcycle enthusiasts in Southwest Florida and we are pleased to be the primary sponsor," said Bruce Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Anyone wanting more information can visit www.ccbikenight.com or www.flbikers.com

Continue reading " Large crowds enjoyed Cape Coral Bike Night sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers " »

Some 148,000 people suffer a car accident each year without ever getting behind the wheel: They are injured by a closing car door in what the federal government has announced is the most common non-moving injury inflicted by automobiles.

For the first time, the National Highway Traffic Safety Administration has collected data for non-traffic related death and injuries and non-crash related death and injuries to the ways in which people are seriously injured or killed in or around automobiles.

"It shows you don't have to be in a moving vehicle to be seriously injured," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Florida Injury Lawyers point out such cases can involve legal questions surrounding car accidents, bicycle and pedestrian injuries, property and premise liability law, slip and fall issues, injuries to children, vehicle defect, defective product law and other legal issues.

"The bottom line is, if you are seriously injured you should contact a lawyer to examine whether you have a case," Scheiner said.

Such dangers are now being tabulated by the federal government, including: falls from vehicle, battery acid and antifreeze burns, jack accidents, tire explosions, window strangulation, and those injured or killed by being locked in the trunk.

"I don't think anyone until now had an accurate sense of the extent of vehicle-related injuries and fatalities that did not occur on a public highway," NHTSA spokesman Rae Tyson told Forbes Magazine. "It certainly underscores the risks that exist in a vehicle whether it's on the road or off, and I hope it will call some attention to some of those issues."

The new statistics also shed light on what the government terms Nontraffic crash fatalities and injuries, including single-vehicle crashes on private roads, collisions with pedestrians on driveways and two-vehicle crashes in parking facilities.

Bicyclists and pedestrians account for about half (614 of 1,159) of non-traffic crash fatalities and about a third (34,000 of 98,000) of non-traffic injuries.

Backovers, where drivers injure or kill a non-occupant by reversing over them, account for another 19 percent of fatalities and 14 percent of injuries.

Annual average of non-crash fatalities by type:
Struck by falling vehicle: 168
Accidental carbon monoxide poisoning from exhaust: 147
Fall from vehicle: 88
Vehicle fire: 57
Struck by Object: 44
Hyperthermia (excessive heat): 37
Hypothermia (excessive cold): 14
Poisoning: 9
Exploding Tire: 7
Vehicle window asphyxia: 5
Electrocution: 4
Drowning: 3
Closed in trunk: 3
Radiator fluid burns: 2

The government reported that 22 percent of injuries (164,000 of 743,000) occur as people enter or exit a vehicle: falls (84,000), striking a door or door frame (36,000) and in other situations such as sprains or strains while exiting (44,000).

Continue reading " Florida motorists warned of car accidents waiting to happen " »

A new study by the American Automobile Association's (AAA) Foundation for Traffic Safety found a four-fold increase in accidents by people who use cell phones while driving.

Young drivers -- already four times more likely to get into an accident -- were twice as likely to use a cell phone while driving, according to the AAA study and a survey by FindLaw.

Florida car accident lawyers urge motorists to avoid distracted driving and talk to their children about the dangers. National statistics show traffic accidents are the leading cause of death for young people ages 16 to 24.

Teenage drivers in Fort Myers and Cape Coral are among the most likely nationwide to be involved in a car accident or other traffic crash, according to a recent insurance report.

While 1 in 7 drivers admitted to text messaging while driving, nearly half of teen drivers admitted sending text messages or e-mail while behind the wheel of a car.

"Talking on the cell phone reduces concentration by about 37 percent," said Jay Anderson, a retired Fort Myers area paramedic and founder of "Stay Alive ... Just Drive," which promotes safe driving habits.

"Yet they get behind the wheel and convince themselves they are perfectly capable of multi-tasking," Anderson said."It had been questionable for a number of years, but recent studies have definitely proven how dangerous distracted driving has become."

The AAA study also reported: "The best available evidence suggests that it is no less hazardous for a driver to use a hands-free phone than to use a hand-held phone."

Synde Bultman, trauma injury prevention and resource manager for Lee Memorial Health System, said a recent study from the University of Utah showed drivers were more impaired from cell phone use that from driving legally intoxicated.

"They actually had more errors while they were on the cell phone than when they were drinking," she said. "You need to stay focused and keep your eyes on the roadway. At all times you need to watch what other drivers are doing around you."

Lee Memorial offers free seminars for young drivers and/or their parents. The next class is on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Anyone wanting more information can call (239) 336-6797.

Florida lawmakers are considering banning or restricting driving while talking on the phone and/or texting while driving. Four states -- Alaska, Minnesota, New Jersey and Washington -- already have such restrictions in place.

Did You Know:

-Using a cell phone while driving significantly impairs several aspects of driving performance, principally reaction time.
- Studies of the cell phone records of crash-involved drivers suggest that using a cell phone while driving is associated with roughly a quadrupling of crash risk.
- Two out of every three drivers believe that using a hands-free cell phone while driving is safer than
using a hand-held phone; however, the overwhelming majority of available evidence suggests that it is not.
-Over half of all drivers admit using a cell phone while driving at least occasionally; 16–17% report doing so regularly.
- Younger people are overwhelmingly more likely than older people to text message while driving— nearly half of survey respondents aged 18 to 24 admit doing so, whereas fewer than 5% of drivers aged 45 and older admit doing so.
- More than four out of five drivers rate drivers using cell phones as a serious or extremely serious traffic safety problem.

Continue reading " Young drivers twice as likely to text while driving -- four times more likely to crash " »

Nursing home neglect and elder abuse is in the news is Southwest Florida after the second serious incident in less than a month.

Florida personal injury attorney Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers, provided advice to FOX4 news viewers on Friday after the station reported the rape of an elderly Alzheimer's patient in a Lehigh Acres nursing home.

The woman was reportedly raped by a resident who had previously been caught fondling the patient and warned to stay away from the women, according to the report from the Lee County Sheriff's Office.

"The nursing home has an absolute obligation to report a crime as soon as they become aware of it," Scheiner said. "People put their loved one in a nursing home to provide a safe environment."

A separate incident occurred in January at a different facility and resulted in the death of a 72-year-old resident after he was reportedly smothered by an 87-year-old man in the Alzheimer's unit.

Scheiner said intent often factors into whether someone committed a crime and circumstances can be complicated by Alzheimer's and other aging issues. But the home has an obligation to provide its residents a safe environment -- just as they are required to do with an aging resident in danger of wandering away.

"It wouldn't be appropriate to allow them to wander down the street and drown in a pond or get hit by a car," Scheiner said.

Scheiner suggests people looking at nursing homes tour the facility, talk to employees, speak with outside doctors familiar with local nursing homes and check state websites for incident and inspection reports.

Florida's Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

"There are some very, very good nursing homes," Scheiner said. "But there are also nursing homes where I would not want one of my loved ones to step foot inside."

FOX4's interview with Bruce L. Scheiner airs Friday Feb. 6 at 10 p.m. throughout Southwest Florida.

Continue reading " Bruce L. Scheiner interviewed about nursing home care, elder neglect and abuse in Southwest Florida " »

Amusement parks, festivals, daycare centers and other companies and businesses can be held responsible for injuries to children even if the parents sign a waiver, according to a recent ruling by the Florida Supreme Court.

The December 2008 ruling makes clear that such waivers are unenforceable if a lawsuit is brought seeking damages in Florida because of the injury or wrongful death of a child caused on commercial property.

Florida child injury lawyers and property and premise liability attorneys offer Floridians and visitors to the Sunshine State free professional advice to help advise them of their rights if either they or a loved one is injured or killed on someone else's property.

While the opinion in Kirton v. Fields makes it clear the ruling only involves commercial activities, the court indicated it would not be limited to that in the future and that the ruling could apply to school and other non-profit activities in certain instances.

The ruling stems from a 2003 case in which a father took his 14-year-old son to an ATV park, signed a waiver and then sued after the child was thrown from the vehicle and killed while attempting a jump.

"Business owners owe their patrons a duty of reasonable care and to maintain a safe environment for the activity they provide," Chief Justice Peggy Quince wrote in the majority opinion. The chief justice noted that businesses can provide insurance against injury while children who participate in such commercial activities do not have that option. "If pre-injury releases were permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed."

Judge Harry Anstead concurred, writing that the issue comes down to whether the business was negligent, regardless of a waiver.

"Under today’s (ruling), commercial operators who properly conduct their operations and cannot be demonstrated to have acted negligently will continue to be free of liability," Anstead wrote. "On the other hand, Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission."

Continue reading " Companies can be liable for injured children even if parents sign waiver, Florida Supreme Court rules " »

Motorcycle riders are gearing up for this Saturday night's Cape Coral Bike Night.

Southwest Florida's largest bike night draws riders from all over, including Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres, Punta Gorda and Port Charlotte.

Primary sponsor Associates and Bruce L. Scheiner, Personal Injury Lawyers, has been a supporter of motorcycle rights and motorcycle organizations in Florida for four decades and represents motorcyclists throughout Florida who have been injured or killed in motorcycle accidents. The firm also publishes the website www.flbikers.com, dedicated to motorcycle riding in Southwest Florida.

"We look forward to promoting safety and awareness throughout the upcoming season," Bruce L. Scheiner said.

The event is Saturday Feb. 7, 2009 from 5 to 10 p.m. along SE 47th Terrace in Cape Coral. More information is available at the Cape Coral Bike Night website. Admission is free.

"With our partnership with Associates and Bruce L. Scheiner, Personal Injury Lawyers and the support of Harley-Davidson of Fort Myers and our other sponsors we are able to do bigger and better productions and look forward to putting on a great show for our attendees and their families," said Todd King, special events coordinator for the City of Cape Coral.

More than 10,000 people are expected to attend.

Continue reading " Southwest Florida motorcycle riders geared up for Cape Coral Bike Night sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers " »

As the evidence continues to mount about the dangers teenagers face behind the wheel, Florida car accident attorneys an personal injury and wrongful death lawyers urge parents to talk with their children and make them aware of a growing list of local resources.

Statistics consistently show that motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Teen drivers ages 16 to 19 are four times likely to crash than older drivers.

And a recent insurance study reported that Fort Myers and Cape Coral was the deadliest metro area of its size nationwide for teen crashes through Christmas and New Year's and a hotspot for teenage accidents throughout the year.

The accident rate among teen drivers in Southwest Florida is increasing -- up 12.5 percent in 2006, when 233 teenagers were involved in accidents in Lee County. Toxic substances were involved in half the crashes among drivers 15 to 25.

The Florida Department of Transportation and the Department of Highway Safety and Motor Vehicles have debuted a website "Take The Wheel," which emphasizes the risks of teen driving. Geared toward teenagers, the edgy site offers video, real-life stories and other information for teens.

It reports a teenager is injured every 55 seconds in a crash and a teen dies in a car crash every 6.5 minutes -- or about a dozen times an hour.

Locally, Lee Memorial Health Systems routinely offers a free young-driver's seminar to teenagers and/or their parents. The next course is available on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

Continue reading " Florida teen driver resources aimed at reducing car accidents in Southwest Florida " »