Florida Injury Lawyer Blog

A group of Democratic lawmakers in Washington are pushing for a nationwide ban on the dangerous habit of sending and viewing text messages on cell phones and other personal electronic devices while driving. They are hoping to get those states that do not currently have such laws on their books to act by withholding a percentage of highway funding. Senator Charles Schumer, D-N.Y., who unveiled the legislation Wednesday along with Democrats Robert Menendez of New Jersey, Mary Landrieu of Louisiana and Kay Hagan of North Carolina, makes his case by saying, "When drivers have their eyes on their cell phones instead of the road, the results can be dangerous and even deadly,"

14 states already have passed legislation making texting while driving illegal, but 36 others, including Florida, have yet to sign such a law into effect. There are critics who question the enforceability of the proposed law, and whether current available research even warrants one in the first place. Still others think that current reckless driving statutes already in place would apply to those caught texting behind the wheel. The agency that represents state highway safety agencies, The Governors Highway Safety Association, thinks the dangers of texting while driving are real, yet does not support the law based on the fact they feel it would be difficult to enforce. According to Vernon Betkey, the highway safety association's chairman, "Highway safety laws are only effective if they can be enforced, and if the public believes they will be ticketed for not complying. To date, that has not been the case with many cell phone restrictions.”

Studies Show The Need…
A new study just released on July 27th confirms what most might assume is just common sense – using your phone for sending or receiving text messages while driving greatly increases the risk of being in a car crash. The study, conducted by the Virginia Tech Transportation Institute, found that distracted drivers are an astonishing 23 times more likely to be in an accident, or a “near crash” event, than drivers who keep their eyes on the road. To conduct the research, cameras were mounted in test driver’s vehicles, and researchers studied driver’s eye movement as they attempted to do things such as dial a cell phone, send a text message, insert a CD into the car’s stereo or attempt to retrieve an object from the passenger seat.

The study determined that text messaging could take the driver’s eyes off the road for 4.6 seconds. This is the equivalent of driving the length of a football field if traveling at 55 miles per hour. Additionally, in what may come as a surprise to some motorists, using a cell phone’s wireless, “hands-free” headset as opposed to the phone itself does not significantly make cell phone use while driving any safer. This finding reflects that both practices cause drivers to take their eyes off the road, which is the key to distracted driving.

The Democratic lawmakers also pointed to another report produced by Car & Driver Magazine where findings indicate texting while driving is actually more dangerous than driving while drunk.

According to the Associated Press, the legislation would require states to ban texting or e-mailing while operating a moving vehicle, or risk losing 25 percent of their annual federal highway funding. Under the legislation, the transportation secretary would be required to issue guidelines within six months of the measure being signed into law. From there, states would have two years to approve the bans on texting while driving. States could recover highway funds by passing the legislation after the two-year period.

The bill would only aim at banning texting in a moving vehicle, the AP reported. Drivers would not be barred from texting or e-mailing while in a parked or stopped car.

According to the wireless industry’s trade group, CTIA, the popularity of text messaging is experiencing explosive growth. Nearly 10 billion text messages a month were sent in December 2005, and the number soared to nearly 110 billion per month in December 2008.

Still Legal in Florida…
In February of this year, Florida House of Representatives member Doug Holder, (R-Sarasota), sponsored House Bill HB 377, entitled Use of an Electronic Wireless Communications Device While Driving. The Bill “prohibits operation of moving motor vehicle while reading, manually writing or typing, or sending message on electronic wireless communications device.” However, the bill died in the Roads, Bridges & Ports Committee on May 2nd, 2009.

Florida personal injury lawyers caution that this dangerous practice is still legal on our roadways, and presents as serious a danger as driving while drunk or impaired. “A distracted driver is potentially just as lethal as a drunk driver, and the statistics support that fact,” notes attorney PJ Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers. “We urge all motorists to use extreme caution when they think they are on the road with a driver attempting these extremely hazardous practices.”

With the advent of cell phone technology comes a new hazard to motorists on our nation’s roads – “texting” while driving is quickly becoming a prominent and extremely hazardous threat to driver safety. According to USA Today, 14 states now have laws on the books banning the sending or viewing of text messages on cell phones or other electronic personal communication devices, with many more now proposing similar restrictions. Many have also advocated a federal ban.

It is not only teens or younger drivers who are guilty of this offense. Florida personal injury lawyers are cautioning that drivers of all ages and walks of life are likely to cause a serious or even fatal auto crash due to being distracted behind the wheel. Often referred to as “DWT”, driving while texting can be as serious an offense as drunk driving, and state legislators across the country are taking a proactive position to prevent the practice.

A bill is making its way through the Florida Legislature that would prohibit sending cell phone text messages while driving. According to the Associated Press, the text messaging ban was added onto a bill sponsored by Florida Senator Carey Baker, (R-Eustis), that would make it illegal for minors to talk on a cell phone while driving. If the ban goes through, Florida would join other states in cracking down on texting while driving. Similar bills have been proposed, but have not passed, and this one still has a long way to go before it becomes law. Not surprisingly, lobbyists and representatives for the Florida Telecommunications Industry Association feel that their industry is being unfairly singled out, and are attempting to counter any laws being passed that they feel are too specific or restrictive.

A Nationwide Mutual Insurance Company study found that 19% of all drivers -- and 37% of drivers between the ages of 18 and 27 -- text message behind the wheel. One in seven drivers admit to sending text messages while driving, and among 18- to 24-year-olds, it's even higher - one out of two drivers. On its Web site, the National Safety Commission, (http://www.NationalSafetyCommission.com), crediting recent academic studies, says that "using a wireless communications device while driving is one of the most significant distractions that affects driving performance."

"The relative risk, frequency and duration of cell phone use and text messaging make these activities much more likely to lead to a crash or near crash than most other activities people do in vehicles," the Commission wrote. It recently called on drivers to stop using cell phones and messaging devices, implored businesses to execute policies prohibiting such usage, and urged all 50 states to pass legislation prohibiting the use of cell phones while driving.

While there are currently no statistical numbers relating to the number of vehicle accidents involving text messaging while driving, today’s headlines are an indicator of the seriousness of the practice. In Rochester, New York, five teenage girls were killed in a horrific accident after crashing into a tractor-trailer in June, just a week after their high school graduation. Investigators have determined that the driver of the vehicle containing the teenagers was texting immediately prior to the crash. Sadly, these types of stories are becoming a regular occurrence across the country, as well as right here in Southwest Florida.

“Everyone seems to have heard of the seriousness and devastating consequences related to DUI car crashes,” according to prominent Florida injury attorney Bruce L. Schenier.
“Unfortunately, with the advent of today’s personal communication technology, the dangers of texting while driving is often downplayed or dismissed as less important.”

Florida personal injury lawyers urge all drivers, especially teens and younger drivers who may be more prone to texting while driving, to focus 100% of their attention on their driving and restrict their use of cell phones to when they are not behind the wheel of a car.

A 2004 Florida law requiring that older drivers pass a vision test before getting a license renewed has helped cut the death rate among drivers aged 80 and older by 17%, according to researchers at the University of Alabama at Birmingham. Driving is often vitally important for seniors. Several studies have shown that taking the keys from elderly drivers who have no other transportation can cause them to become depressed or inactive, lose access to health care and even die sooner. However, Florida injury lawyers remind drivers of all ages that proper vision can be a key factor in preventing serious car crashes.

“While it is true that poor vision in a driver of any age can be the cause of a serious auto accident, the number of senior-aged drivers in Florida makes this an important safety concern on our roadways”, notes Bruce L. Scheiner, of Associates & Bruce L. Scheiner Personal Injury Lawyers.

For Florida drivers over 80 years old, the vision test may be taken at a Florida driver license office at no additional charge, with an appointment made in advance, according to the Florida Department of Safety and Motor Vehicles. Another option is to have a doctor licensed to practice in Florida administer the vision test - out-of-state doctors are not authorized to provide this test. He or she must be a medical doctor, osteopathic physician, or an optometrist. If a doctor administers the vision test, a Mature Driver Vision Test, (Form HSMV 72119), must be completed and submitted to the department. The doctor may also file the form electronically to the agency’s web site, http://www.flhsmv.gov/. If the test reveals a problem, the driver will be requested to have an eye specialist licensed in the state of Florida complete a Report of Eye Examination, (Form HSMV 72010), and submit it to the department prior to renewing their license.

From 2001 to 2006, overall motor vehicle collision death rates in Florida increased by 6%, from 14.61 to 14.75 per 100,000 people per year. However, death rates among elderly drivers decreased by 17%, from 16.03 to 10.76 per 100,000. Eye problems such as macular degeneration, sometimes referred to as a “hardening of the arteries” in the eye, can lead to reduced acuity in the central vision specter. Described as a general cloudiness over the retina, macular degeneration can increase with age, creating a danger for those who attempt to drive with the condition. Yet, all facets of visual health are taken into account when a driver gets behind the wheel of a vehicle. Distance vision, peripheral vision, the ability to discern colors, night vision and the ability to adequately adjust between close-up and distance vision are crucial elements of safe driving.

Never has the phrase “keep your eye on the road” been more appropriate. If you or someone you know is having trouble driving safely due to vision problems, Florida injury lawyers urge you to schedule immediate tests and screening to determine if continuing to drive is the correct option.

Watching your kids enjoy the slides, swings and other equipment at your favorite park or playground can be some of parenthood’s most rewarding moments. But Florida injury lawyers remind you that safety should be your first priority to ensure your child does not suffer a serious injury while at play.

“During the summer, playgrounds and parks in the area are very popular places for families to spend time”, says attorney PJ Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers. “It only takes a second for a child to suffer a serious injury from inadequately maintained or faulty playground equipment.”

Emergency rooms across the country treat more than 200,000 children 14 years of age or younger for playground-related injuries, according to the Centers for Disease Control and Prevention. Most of those occur at public playgrounds, including schools and day care centers. Additionally, according to a new Children’s Hospital Medical Center of Cincinnati study of emergency department visits throughout the United States, injuries due to falls from playground equipment result in higher proportion of severe injuries than either bicycle or motor vehicle crashes.

The number one cause of a child’s injuries on playground equipment is lack of adult supervision. Exuberant kids don’t have the ability to properly gauge distances, or foresee potential dangerous situations. Most kids will push their limits when using playground equipment, and proper adult supervision is key to a safe and enjoyable day at the park. Always make sure you have a clear line of sight between you and the apparatus your child is using, to properly monitor their safety. You also need to make sure the equipment is in proper working condition, free of any worn or loose parts, debris or water, which may cause a child to slip and fall off. Falling off playground equipment is the number one cause of injuries. Parents also need to make sure the equipment is appropriate for their child’s age – some equipment may look like fun to a younger child, but they may not be ready to use it safely.

The surface underneath the playground equipment is also a very important factor to consider. Concrete, blacktop and asphalt are considered unsafe surfaces for playgrounds, and even a grass or dirt surfaces do not provide adequate cushioning in the event of a fall. The safest materials are safety-tested rubber mats, or loose filled materials such as shredded rubber, wood chips, mulch, sand or even pea gravel. Always make sure there is at least six inches of depth to provide a suitable cushion, and that the material extends at least six feet past the equipment on which it stands. Keep an eye out for dangerous items, such as broken glass or twisted metal, rocks, tree stumps and tree roots.

A well-designed playground will have distinctly separate areas with equipment for younger and older children. Some climbing equipment and other things like seesaws or “teeter-totters” may not be suitable for younger kids. Check for rusted or worn parts, or equipment with protruding or jagged metal or wooden pieces. And of course, with the intense summer Florida sun, always make sure the surface is not so hot as to cause injury for a child. Stay away from hanging rope swings, which can fray or even form a noose and present a strangulation hazard. According to The National Program for Playground Safety, Florida playgrounds received an overall B+ grade on categories including park supervision, appropriate safety signage, age-appropriate design, fall surfacing and equipment maintenance, among others.

Again, proper adult supervision is the single most important factor in making sure you and your child enjoy all of the playground’s equipment. A child may think they are capable of playing on a specific piece of equipment, only to have second thoughts once they climb aboard. Always stand nearby to provide a safe escape should your child decide that a particular ride is a little too much for him or her to handle safely.

Each year, more than 4.7 million people are the victims of dog bites, and over 800,000 require serious medical attention. Those at the highest risk are children between the ages of 5 and 9, and there are an average of a dozen deaths annually. Sadly, these incidents are largely preventable through the responsible ownership and proper training of dogs, according to the American Veterinary Medical Association, (AVMA).

Part of the problem is the belief that only so-called “aggressive” breeds of dogs are likely to attack and bite a person. In fact, there is little scientific evidence to support that claim, and even the most loveable appearing dogs may actually be the ones to attack. The bottom line is that whether it is a pit bull or a poodle, safety and caution remain the rule when one is near a dog of any kind.

Florida personal injury lawyers are vigilant in cautioning people who may be at risk of serious dog bites, and urge the use of some preventative measures to ensure their safety. Since children are most often the victims of dog bite attacks, it is recommended you should NEVER leave an infant or young child alone or unsupervised around dogs. Kids need to be taught how to properly behave around not only strange dogs, but their own pets as well. Sudden movements, disturbing a dog that is sleeping, caring for their pups or eating can result in startling the animal, and triggering its natural protective mode. Other tips include never running past a strange dog, or attempting to pet it while reaching through or over a fence. Dogs are naturally inquisitive, and will approach humans to initially determine whether they pose a threat. Even though their tail may be wagging and the dog appears friendly, it is advised that you remain still while the dog investigates you by sniffing your scent.

Should a dog approaches you in an aggressive or threatening manner, do not panic. Yelling or sudden movement will only serve to further upset the dog. Remain calm, do not make eye contact and either stay still or attempt to back away slowly. Do NOT turn and run. The contraction of rabies is extremely rare in dog bite incidents, although a veterinarian should immediately check the dog involved in an attack for an anti-rabies prophylaxis, if possible.

Recently, and 18-month old Cape Coral toddler was seriously attacked by her own family pet, and is currently undergoing extensive reconstructive and rehabilitative procedures. Everyone from the child’s parents, to neighbors who had come in contact with the family’s Siberian Husky, stated the dog had never exhibited aggressive behaviors or otherwise acted in a threatening manner. This tragically illustrates how little is actually known about just what could provoke even the most gentle and loving family pet.

There are laws on the books to help reduce the incidents of people being attacked by an aggressive dog. According to Section 13 of the Lee County Ordinance 9-20, “It shall be unlawful for any person owning or having possession, charge, custody or control of any animal, to permit the animal to stray, run, go or roam at-large in or upon any public street, sidewalk, school grounds, in the area of school vehicles, beaches, parks or on the private property of others without the consent of the owner of such property”. But even with these existing covenants, many irresponsible dog owners continue to ignore the laws, and allow their dogs to roam free.

“Dogs can be a wonderful addition to any family, providing years of companionship and comfort”, says attorney Bruce L. Scheiner, founder of Associates & Bruce L. Scheiner Personal Injury Lawyers. “However, serious injuries and even death are not uncommon when dealing with any animal. The seemingly innocent occurrence of jogging along your neighborhood street can unfortunately result in an unprovoked dog attack.”

School is out, and the beach and other recreational activities are beckoning Florida’s teenaged drivers. Florida injury lawyers are reminding parents that they are the best source of safe driving advice to help keep their children, and other motorists, safe behind the wheel.

The Florida Department of Highway Safety and Motor Vehicles has just launched a newly updated website - www.flhsmv.gov/teens - to provide parents with important safety information aimed at teen drivers. Traffic accidents are the number one cause of death for the nation’s teen drivers, and many of those crashes are caused by actions that are easily avoidable. In Florida, a 15 year old teen may obtain a restricted driver’s permit, often referred to as a “learner’s permit”, and drive a vehicle only while accompanied by a licensed adult driver over 21 years old, and under certain other restrictions.

“Oftentimes, the excitement of receiving a new license can overshadow the common sense safety practices of Florida’s younger drivers”, according to Bruce Scheiner of Associates & Bruce L. Scheiner Personal Injury Lawyers. “The new section of this website is an excellent resource for parents who want to keep their kids safe on Florida roadways.”

Florida was the first state to adopt a graduated driving licensing system, or GDL. This system allows teen drivers to take specifically designed steps in not only obtaining their driving privileges, but to learn safe driving techniques and the laws that govern their use of a motor vehicle. Teens face the greatest risk of being in a car crash at 16 years of age, and 306 Florida teens between the ages of 15-19 died in auto accidents in 2007. Studies have shown that teens are less likely than adults to understand the risks associated with driving, simply due to their lack of practical experience.

Florida teen drivers must progress through three licensing stages: Learner's License, Operational License, and Full License.

To obtain a Learner's License, the driver must do all of the following:

be at least 15 years old;

provide a Social Security Number;

show proof of completion of a Traffic Law and Substance Abuse Education course, or a license from another state, county, or jurisdiction;

have a legal guardian sign the Parental Consent Form in the presence of the driver license examiner; and

pass the required written test covering road rules and signs, a hearing test, and a vision test.

The holder of a Learner's License may not drive alone, regardless of age, and if under 18, must hold the license for 12 months before advancing to the next stage. The driver is restricted from driving after dark for the first three months, and after 10 p.m. from months 4-12.

The state’s website provides excellent advice and detailed explanations of Florida’s driving laws, and the legal consequences associated with breaking those laws. While your teen may be the one who has just received his/her new license, it is actually the parents who are in the driver’s seat when it comes to ensuring their children learn and employ safe, responsible driving habits. A recent survey found that 89% of teens view their parents as the best source of reliable information related to safe driving.

Florida personal injury lawyers urge parents to use this opportunity to keep your kids safe while on the road, enabling them to enjoy their newly found freedom and remain accident free.

Drivers in Florida are now subject to a citation for not being buckled in by their seat belts – and law enforcement officers can now pull a driver over for that specific reason alone. The fine is higher if a minor under the age of 18 is not correctly restrained within the vehicle. Additional county fines and penalties are also applicable. Florida Governor Charlie Crist signed the new law into effect in an effort to keep motorists safe, and reduce the injuries and deaths caused by motor vehicle crashes in the sunshine state. Crist noted, "The most important function of government is to protect – this law will save lives." With that said, he signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law named in memory of two Florida teens that were involved in separate traffic accidents, and died as a result of not wearing their seat belts. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seat belt law. Statewide seat belt usage in 2008 was 79.1%, making it 35th in the nation and below the national average of 83%, according to the National Highway Traffic Safety Administration. According to the Florida Department of Highway Safety and Motor Vehicles, there is an average of just over 700 motor vehicle accidents on Florida roadways every day. In 2008, 2,983 people lost their lives in motor vehicle accidents in Florida, and 199,658 people suffered some type of injury. Florida’s Department of Motor Vehicles, (DMV), also notes that in 2004, Florida experienced 2,179 traffic deaths of drivers and passengers in Seat Belt Equipped Vehicles (SBEV). The tragic note of this is that 62.1% (1,353) of the people killed were not wearing seat belts. Additionally, 69% (109 of 159) of the children ages 0 to 17 years old killed were not using safety equipment. These startling statistics make it clear that the odds are high that you or someone you know will be involved in some type of auto crash at some point in your lifetime. Florida personal injury lawyers are encouraged by the new, tougher “Click It or Ticket” law enforcement, recognizing that the bill was long overdue. “The simple act of buckling up yourself and your passengers has a huge impact on reducing fatalities and injuries caused by the alarming number of auto crashes on our roads”, says PJ Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers. “It is our hope that this new law will make motorists more aware of the importance of using seat belts whenever they get behind the wheel.” Florida is the 28th state to enact such a law, referred to as a “primary seat belt law”, which means drivers may be pulled over and cited solely for that infraction. Previously, another infraction would need to take place prior to a driver being cited for a seat belt violation. If you or a loved one has been the victim of a serious injury or fatality caused by a car crash, contact the Florida personal injury lawyers today to learn more about how we will fight for your legal rights, and stand by your side during what can be a traumatic life event.