Florida Injury Lawyer Blog

Halloween trick-or-treating is a fun tradition in Southwest Florida. Everyone loves to enjoy the excitement of their children and neighborhood kids as they dress up and head out to fill their bags with goodies. With the seasonal change in daylight hours comes an earlier sunset, so extra precautions are needed in order to help keep your kids safe and protected.

Roughly four times as many children aged 5-14 are killed while walking on Halloween evening compared with other evenings of the year. Falls are also a leading cause of injuries among children on Halloween. Many Halloween-related injuries can be prevented if parents closely supervise school-aged children during trick-or-treat activities.

Parents can help prevent children from getting injured on Halloween by following these safety tips from the American Academy of Pediatrics, the Centers for Disease Control and Prevention, and the National Safety Council:

Treats: Warn children not to eat any treats before an adult has carefully examined them for evidence of tampering.

Flame Resistant Costumes: When purchasing a costume, masks, beards, and wigs, look for the label Flame Resistant. Although this label does not mean these items won't catch fire, it does indicate the items will resist burning and should extinguish quickly once removed from the ignition source. To minimize the risk of contact with candles or other sources of ignition, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

Costume Designs: Purchase or make costumes that are light and bright enough to be clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks should also be light colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle, and sporting goods stores.

• To easily see and be seen, children should also carry flashlights.

• Costumes should be short enough to prevent children from tripping and falling.

• Children should wear well-fitting, sturdy shoes. Mother's high heels are not a good idea for safe walking.

• Hats and scarves should be tied securely to prevent them from slipping over children's eyes.

• Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If a mask is used, however, make sure it fits securely and has eyeholes large enough to allow full vision.

• Swords, knives, and similar costume accessories should be of soft and flexible material.

Pedestrian Safety: An adult or an older, responsible child should always accompany young children. All children should WALK, not run from house to house and use the sidewalk if available, rather than walk in the street. Children should be cautioned against running out from between parked cars, or across lawns and yards where ornaments, furniture, or clotheslines may present dangers.

Choosing Safe Houses: Children should go only to homes where the residents are known and have outside lights turned on as a sign of welcome.

• Children should not enter homes or apartments unless an adult accompanies them.

• People expecting trick-or-treaters should remove anything that could be an obstacle from lawns, steps and porches. Candlelit jack-o'-lanterns should be kept away from landings and doorsteps where costumes could brush against the flame. Indoor jack-o'-lanterns should be kept away from curtains, decorations, and other furnishings that could be ignited.

The family of personal injury lawyers and support staff at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., wish all of you a safe and fun Halloween!

Sunsports Cycle and Watercraft, in association with Associates and Bruce L. Scheiner hosts Bike Night this Saturday, October 24th from 6pm until 10pm. Sunsports Cycle and Watercraft is located at 3441 Colonial Boulevard in Fort Myers. All bikers are welcome.

Organized as a fundraiser for the March of Dimes Bikers for Babies, Sunsports has pulled out all the stops to give the motorcycle community something special on Saturday night. UFC fighters, David Loiseau and Vernon White will make appearances at the event; the Calendar Girls from Hooters will be there selling their calendars and “dressing up” the event; and there will be a Halloween Costume Contest, so come in your best costume. Vendors, beer, food, great deals…what more could a biker need?

But, if that isn't enough, from 3:30pm until 6:30 pm Sunsports is having a Bike Wash and all proceeds are being donated to Bikers for Babies.

Sunsports Cycle and Watercraft is a multi-line dealer of motorcycles, watercraft and ATV’s. Their lines feature Honda, Polaris, Suzuki, Yamaha, Sea-Doo, and Can-Am. Sunsports Cyle and Watercraft has been a mainstay in Fort Myers for several decades providing excellent customer service and great deals on motorcycles and watercraft.

When asked about the event, Ralph Graettinger, General Manager of Sunsports said, "Sunsports bike night promises to be a good time as well as support a great cause! It is very important for local businesses to get involved in the communities that support them. The March of Dimes Bikers for Babies is a great organization that helps fund research for premature birth. I had no idea that one in eight babies are born prematurely and that premature birth is the leading cause of death in the first month of life. I think that it's great that Sunsports is taking an active role in something that affects such a large portion of the public. Start the FUN!”

Don’t forget to stop by and say hello on Saturday night, October 24th. See you there!

For more information, call 239-277-7777.

Safety at Sea Can Prevent a Serious Accident

Just as our area roadways experience more traffic with the onset of the annual tourist season, so do our waterways. Recreational boaters increase dramatically as part-time residents and visitors from around the world descend on Southwest Florida, and enjoy its ideal waterfront lifestyle.

Florida has the highest number of registered boats in the country – over 1 million as of 2008 - according to the Florida Fish and Wildlife Commission, (FWC), Department of Law Enforcement. Lee County alone, with its miles of sandy shoreline, rivers and inlets, accounts for over 50,000 registered vessels, making this one of the hot spots for boating accidents and increased boating safety awareness. In fact, the top 10 Florida counties as ranked by boating accidents include Collier County at number 6, and Lee County at number 9, for the year 2008. The vast majority of accidents on the water involve collisions with another vessel, and the large majority of those have been found to be due to lack attention by the boat’s operator. Of course, just as on the highway, alcohol use plays a primary role when analyzing Florida boating accidents. The Coast Guard and other law enforcement agencies enforce strict laws regarding boating under the influence, (BUI), laws, with severe penalties for those found guilty of the offense.

While there have been fewer “reportable” boating accidents in Florida waterways from 2002 to 2008 that may just be a technicality. Effective July 2003, the threshold for what is termed a reportable boating accident, which is measured in dollar value of damages incurred, was increased from $500.00 to $2,000.00, which explains the decline in the number of “reportable accidents”. Federal law states that if you are involved in a boating accident, you are responsible for reporting it to the proper state agency. The U.S. Coast Guard provides an official form for doing so, and it can be found here: http://www.uscgboating.org/assets/1/Publications/cg3865barform2008.pdf.

Boating safety is the key element to an enjoyable day on the water. It is recommended that every boat operator take a certified boating safety course, which can be done through the U.S. Coast Guard Auxiliary, the U.S. Power Squadron, the Florida Fish and Wildlife Conservation Commission, BOAT U.S. Foundation, and several other outlets. The U.S. Coast Guard offers some basic boating safety tips that could prevent a serious, life-changing accident:

Wear Your Life Jacket While Boating: Life jacket use by all boat occupants can reduce drownings. Coast Guard-approved life jackets are now more attractive in appearance and comfortable to wear. When properly fitted, a life jacket or PFD (personal flotation device) can help to prevent a tragedy.

Avoid Alcoholic Beverages While Boating: Alcohol use affects judgment, vision, balance, and coordination. Reports suggest that alcohol was a contributing factor in about one in five boating fatalities.

Complete a Boating Education Course: Most reported incidents in 2006 involved operator-controllable factors. The primary causes of incidents were carelessness or recklessness, operator inattention, operator inexperience, and unsafe speeds.

Participate in the Vessel Safety Check (VSC) Program: The Vessel Safety Check (VSC) is a free public service provided by the U.S. Coast Guard Auxiliary and U.S. Power Squadron volunteer organizations promoting boating safety. These volunteer personnel check safety equipment and provide information about equipment purpose, safety procedures and applicable regulations. For more information on the VSC Program, visit their web site: http://www.vesselsafetycheck.org./

Be Aware of the Risk of Carbon Monoxide (CO) Poisoning: All internal combustion engines emit CO, an odorless, colorless, poisonous gas. In the early stages, the symptoms of CO poisoning are similar to seasickness and CO can kill in a matter of minutes. There is potential for CO poisoning during the use of air conditioning powered by an onboard motor generator; the operation of any gasoline-powered engine while docked and/or rafted with other boats operating engines; swimming or floating near an idling boat engine; or running a boat, or being underway with improper cabin ventilation. To avoid CO poisoning, be aware of the risk, ensure sufficient ventilation, properly install and maintain equipment, and use CO detectors, especially in living and sleeping areas.

Be sure to check state and local requirements before boating. There are different rules and regulations for operator-age, safety equipment, etc., in different parts of the country.

Senior personal injury attorney Bruce L. Scheiner, founder of the law firm that bears his name, says he and his team of boating accident experts have handled many boating accident cases in which severe injuries were avoidable, had more precautions been taken. “Southwest Florida is known as a boating paradise, and our vast amount of open waters are a great place to enjoy recreational boating activities, Scheiner noted. “Unfortunately, and especially when someone chooses to operate a boat while impaired by alcohol or drugs, a fun-filled day on the water can turn into a devastating experience.”

If you or someone you love has been injured as a result of a boating or personal watercraft accident, the lawyers at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., are dedicated to fighting for justice on your behalf. And, you pay us nothing unless we are successful on your behalf. Please visit www.focusedonjustice.com or call 1-800-DIAL-BLS to learn how we may be of service.

Everyone knows that if a heart attack or other life-threatening medical emergency strikes, the difference between life and death can be mere moments. In most cases, emergency first responders can access the scene quickly and easily, thanks to advances in technology, global positioning system (GPS) units and advanced training. But, what if you encounter a traumatic injury or serious health condition, and the paramedics can’t find you?

Sadly, that was the case for avid local golfer Phil Hollar when he went out to enjoy a round of golf at a local course. He suffered a heart attack while on the 16th hole, and help was summoned. Unfortunately, although the responding EMTs were able to find the golf course community itself, actually locating Phil on the course proved to be far more difficult.

Phil’s wife, Cher, told the local media that once on scene, there was no one at the facility’s guard gatehouse to provide emergency workers with a layout or map of the course itself. This added precious minutes to the time it took to find him. In this case, those minutes proved to be fatal, and Phil’s life ended, playing the game he loved so dearly.

Now, Cher has begun a campaign to make sure that does not happen again. Working with Lee County EMS, she has taken up the crusade to make sure there are measures in place to ensure emergency workers can pinpoint exactly where an emergency is taking place on the course. Some area courses have a comprehensive emergency plan in place, but it is not legally mandated that they do so.

As a result of Mrs. Hollar’s initiative, Lee County EMS has visited the course to ensure they know the layout of the course, and the facility has provided them with maps of the course to better expedite emergency access. EMS personnel are contacting other local courses in hopes of putting together similar action plans. The need becomes more critical now, as the number of golfers increases dramatically with the arrival of the Southwest Florida tourist season. Mrs. Hollar said that while this is a definite step in the right direction, more needs to be done to ensure golf course facilities have a solid emergency plan in place, with all affected personnel trained to handle such an occurrence.

“What happened to the Hollars’ is a tragic example of how a public facility needs to constantly and diligently work to protect the safety of those who use it,” noted local personal injury attorney P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “let’s hope her efforts, and those of local emergency response agencies, can work to better ensure that these types of situations are eliminated going forward.”

Associates and Bruce L. Scheiner Personal Injury Lawyers has been focused on justice for their clients for nearly four decades, and fight for the legal rights of those injured or killed due to the negligence of another. For detailed information on our results and areas of practice, please explore our website at www.focusedonjustice.com, or call us at 1-800-Dial-BLS to learn more about our areas of expertise and dedication to helping those in need.

Naples Man killed after hitting uneven pavement

Last Sunday, October 11, 2009 a Collier County father of two, Derren Kelly lost control of his vehicle after overcorrecting when he encountered uneven pavement on I-75 near mile marker 105. Even an experienced driver, as Mr. Kelly was having driven charter buses, can experience road construction hazards.

The iROX paving project will continue over the next few months with crews first working on all the northbound lanes then the southbound lanes. There will be uneven pavement until the project is completed. Please stay informed. (iROX news about construction and lane closures can be found by clicking here.)

Attorney P.J. Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers warns motorists to slow down and be careful. Driving in a construction area is not the same as normal driving. It requires attention and extra caution. Be alert – stay alive.

Since 1971, Associates and Bruce L. Scheiner Personal Injury Lawyers has been focusing on justice. Contact us at 1.800.DialBLS or www.focusedonjustice.com. You pay us nothing unless we win.

Injuries can Occur from Improper Use, Coexistence with Cars
Southwest Florida is a haven for those who love the game of golf, and the number of local golf course communities rank the area as one of the highest in holes-per-capita in the country. Where there is golf, there are golf carts. In today’s troubled economic times, there is a move to utilize golf carts as a primary mode of transportation, even on local roadways. The electric vehicles offer an attractive alternative to the family gas-guzzler, yet many are unaware of the potential dangers of using them on anything other then golf course pathways.

The types of golf carts found at the local course are not legal for street use. There have been tragic accidents when they are used on public roadways. In July, a man from Sebastian, on the east coast of Florida, was seriously injured after the golf cart he was driving on a public street was rear-ended by a van. The cart had no lighting. The van driver being unable to see it, smashed it and its two passengers into a roadside ditch. Florida Highway Patrol Troopers also say alcohol was a factor in the accident.

In many Southwest Florida golf communities, golf carts and motor vehicles coexist, and the potential for a serious accident is great. Many residents think nothing of using their golf cart to zip down the block for cocktails at the neighbors, or to retrieve the shovel they loaned out last week. But unless the cart complies with some specific Florida state laws and is considered street legal, they are breaking the law, and opening themselves up for serious liability if involved in an accident. In Florida, a golf cart must be equipped with, among other safety items, head and taillights, rear-view mirror, windshield, horn, special brakes and seat belts. Additionally, the cart cannot weigh more than 2,499 pounds or exceed 25 mph. In fact, the Florida Department of Highway and Motor Vehicles has specific details related to these types of vehicles within their “converted golf cart / low speed vehicle category”. Known as Form 86064, the affidavit required by the state can be found here: http://www.flhsmv.gov/dmv/forms/bfo/86064.pdf

Accidents Do Happen…
The June issue of The American Journal of Preventive Medicine reports that injuries from being hit by or falling off of golf carts surged 132 percent from 1990 to 2006. Nearly 150,000 people, ranging in age from 2 months to 96 years, were hurt in golf cart accidents during that time. The report’s authors cite the reason as the increased use of golf carts in a variety of public settings, such as hospitals, fairgrounds, military bases, airports, and college campuses, among others. Basically, at any large area where people need to be transported from one point to another, golf carts make more sense than most other modes of transportation. In 1990 there were an estimated 5,772 golf cart injuries, but in 2006 that number had surged to 13,411. About 70 percent occurred at a sports or recreational facility. About 15 percent of injuries happened on the street, and those injuries were more likely to result in concussions and hospitalization. Another 15 percent occurred around homes or on a farm. The bulk of injuries involve people falling or being ejected from a moving cart. Stay safe and follow basic golf cart safety recommendations.

It May Look Like a Golf Cart…
With the rising price of gas and the increased efforts of some people to live a “greener”, more ecologically friendly lifestyle, comes a whole new type of vehicle. A Neighborhood Electric Vehicle (NEV) is a battery-powered electric vehicle that falls under United States Department of Transportation classification for low-speed vehicles. The NEV operates by plugging into a standard outlet at home. Generally, they must be titled, insured and registered, and the driver must be licensed. Because airbags are not required, the NEV cannot normally travel on highways or freeways. A low-speed vehicle (LSV) is a legal class of 4-wheel vehicles that have a maximum capable speed typically around 25 mph, and have a minimum capable speed (typically 20 mph), that allows them to travel on public roads not accessible to all golf carts or neighborhood electric vehicles (NEV). The vehicles operate under very similar restrictions, but without the specification of battery electric power.

Local personal injury attorney P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., cautions those who may think that running short errands in your golf cart or similar electric vehicle makes you less susceptible to being in a serious accident. “It’s very tempting to feel that just because you’re taking a short hop across the street to run to Publix, you won’t get in an accident.” says Sheiner. “The fact is that driving these vehicles requires the same adherence to traffic laws as does driving a regular car – and perhaps even more driver safety precautions, because of their small size.”

If you or someone you know has suffered an injury involving a golf cart or electric vehicle, please call us at 1-800-Dial BLS, or learn more by visiting our website at www.focusedonjustice.com. Our highly trained attorneys and support staff specialize in vehicular accident law, and have been focused on justice for our clients for nearly four decades.

Bike Night happens... click to see more!

Tailpipes rumbled and music played on Saturday, October 3rd, when Cape Coral’s first Bike Night of the season rolled into downtown’s “restaurant row.” A popular event for bikers and bike lovers that draws thousands of enthusiasts into the Cape’s 47th Terrace business area. This month’s Bike Night happened thanks to the support of some prominent local businesses.

“We are proud to show our support of the local motorcycle enthusiasts’ monthly events. We enjoy being a part of it and meeting so many good people”, said Bruce L. Scheiner, founder and senior attorney of the personal injury law firm that bears his name. This year, the City of Cape Coral’s Parks & Recreation Department, like most municipalities, has been experiencing budget concerns, so it was crucial for local sponsors to step up in order to keep the event rolling. As the Title Sponsor, Associates and Bruce L. Scheiner, Personal Injury Lawyers manned a booth at the show to hand out information about motorcycle rider safety, and show bikers that it cares about smart riding practices. “Southwest Florida is a terrific place to enjoy riding a motorcycle. We feel it’s an honor to share valuable information on rider safety with those who feel the same way”, noted Scheiner.

The next Bike Night will be held on December 12th, with 2010 events planned in February and April. For more information, log onto www.ccbikenight.com, and to see local news coverage of the October event click on the picture above.

Even though the economic boom in Florida construction is less robust than in years past, the building of new roads puts workers and motorists in danger on our roadways every day. Whether it’s on a local city street or on the Interstate, we all encounter roadwork crews doing their jobs in very near proximity to passing vehicles. This can be a deadly mix if proper safety precautions are not followed.

Beginning in 1999, the Florida Department of Transportation, (FDOT), began an intensive campaign to educate motorists on the need for added safety when driving through work zones. Their theme has been “It’s Everyone’s Job”, stressing that reckless driving through highway work zones can be deadly for motorists and workers alike. “We want Floridians to realize that everyone has a hand in work zone safety,” said FDOT Assistant Secretary Kevin Thibault, the Governor’s Highway Safety Representative. “It truly is everyone’s job to ensure safe travel through highway construction zones.” In 2007, the most recent year for which statistics are available, 11,248 crashes happened n Florida work zones, resulting in 8,288 injuries and 105 fatalities. Nationwide, that number is approximately 1,000 annually.

Southwest Florida is currently undergoing several major highway construction projects, resulting in an increased opportunity for accidents. The iROX I-75 Road Expansion project, from Golden Gate interchange #105 in Collier County to Colonial Boulevard interchange #136 in Lee County, is widening 30 miles of the interstate to six-lanes. Additionally, S.R. 739/Metro Parkway from Six Mile Cypress Parkway to Daniels Parkway is currently being widened from two lanes to six, and work also includes resurfacing, drainage, lighting, signal work and installation of signs and pavement markings. Also on Metro Parkway, a new, six-lane extension is being built to connect Metro to Alico Road and U.S. 41 in south Lee County. These projects are expected to affect area motorists until 2012.

The Florida Department of Transportation offers these driving tips when you are traveling through a road construction work zone:

• STAY ALERT
Expect anything to occur when entering a work zone.

• PAY CLOSE ATTENTION
Signs and work zone flaggers save lives.

• TURN ON YOUR HEADLIGHTS
Workers and other motorists must see you.

• DON'T TAILGATE
Unexpected stops frequently occur in work zones.

• DON'T SPEED
Note the posted speed limits in and around the work zone.

• KEEP UP WITH THE TRAFFIC FLOW
Dedicate your full attention to the roadway and those traveling around you.

• DON'T CHANGE LANES IN THE WORK ZONE
The time saved just isn't worth the chance.

• MINIMIZE DISTRACTIONS
Avoid changing radio stations and using cellular phones while driving in the work zone.

• EXPECT THE UNEXPECTED
Keep an eye out for workers and their equipment.

• BE PATIENT
Remember, the work zone crew members are working to improve your future ride.

P.J. Scheiner, an attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., cautions area drivers to use extra care when traveling through a roadway work zone. “When you have workers on foot and huge trucks entering and exiting the construction areas, people need to devote their undivided attention to the conditions and circumstances in order to avoid an accident. Things like soft road shoulders, debris on the road’s surface and sudden slow-downs can all lead to a tragic crash.”

For nearly 40 years, the attorneys and staff at Associates and Bruce L. Scheiner have dedicated themselves to fighting for the rights of those injured or killed in vehicular accidents, and are focused on justice for crash victims. If you have suffered an injury as a result of an accident involving roadway construction, please call us at 1-800-DIAL-BLS, or visit our website at www.focusedonjustice.com. You pay us nothing unless we are successful on your behalf.