Florida Injury Lawyer Blog

In an effort to show how serious they
are about the dangers of distracted driving, U.S. Department of Transportation
Secretary Ray LaHood announced a federal ban on texting for drivers
of large commercial vehicles, including big rig trucks, mass transit,
tour busses and similar vehicles. The announcement was made January
26, 2010, and is one of many initiatives being undertaken by the current
administration to crack down on those who undertake the extremely unsafe
habit of distracted driving. Those found to be in violation could be
fined up to $2,750. Of course, the far more serious result is an offender
who may cause a crash that results in life-shattering injuries or fatalities.

In September of last year, Secretary
LaHood convened a national Distracted Driving Summit in order to draw
attention to the problem, and to develop solutions and gain input from
those involved in the transportation industry. One result of the summit
was the creation of FocusDriven, an organization dedicated to raising
American public awareness about the dangers of driving while talking
on cell phones or texting on handheld devices. The organization will
be modeled after Mother Against Drunk Drivers, (MADD), which has successfully
lobbied for tougher drunk driving laws. Safety advocates are pushing
states to do the same thing for texting and cell phone use. (Florida
is currently one of 23 states deliberating on banning texting for all
drivers). DOT Secretary LaHood has been quoted as saying he “is on
a rampage against distracted driving”, and the administration has
made the issue one of its top priorities. DOT officials also announced
the launch of http://www.distraction.gov/, a new website developed solely to address the
growing problem, and save lives on America’s roadways. The site contains
news, facts, statistics and ongoing updates regarding the administration’s
efforts to curb the problem at the national level.

Recent research into the dangers of distracted
driving have shown that the actions of a distracted driver can present
as much risk of causing a tragic crash as do those of a drunk or impaired
driver. Some of the further findings include:

• Using a cell phone while driving,
whether it’s hand-held or hands-free, delays a driver's reactions
as much as having a blood alcohol concentration at the legal limit of
.08 percent. (Source: University of Utah)

• Driving while using a cell phone
reduces the amount of brain activity associated with driving by 37 percent.
(Source: Carnegie Mellon)

• 80 percent of all crashes and 65
percent of near crashes involve some type of distraction. (Source: Virginia
Tech 100-car study for NHTSA)

• Nearly 6,000 people died in 2008
in crashes involving a distracted or inattentive driver, and more than
half a million were injured. (NHTSA)

• The worst offenders are the youngest
and least-experienced drivers: men and women under 20 years of age.
(NHTSA)

• Drivers who use hand-held devices
are four times as likely to get into crashes serious enough to injure
themselves. (Source: Insurance Institute for Highway Safety)

In addition to the DOT text ban announcement,
President Obama signed Executive Order 13513, Federal Leadership on
Reducing Text Messaging While Driving, on October 1 2009. Among other
things, the Order prohibits all federal employees and contractors from
engaging in text messaging while:

• Driving vehicles that are owned,
leased or rented by the government.

• Driving privately owned vehicles
while on official Government business.

• Using electronic equipment supplied
by the government (including cell phones,
Blackberry’s and other electronic devices) to text while driving any
vehicle.

“The current administration seems to
be taking steps in the right direction in attempting to fight this extremely
hazardous practice,” says Bruce L. Scheiner, Founder and Senior Attorney
at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “I
only hope Florida follows suit with a total ban on texting while driving,
before any more lives are lost.”

Under Scheiner’s guidance, his firm
has been fighting for justice on behalf of those injured or killed in
auto, motorcycle or trucking accidents since 1971. To request a no obligation
consultation regarding your involvement in a serious accident, call
1-800-Dial-BLS, or visit www.focusedonjustice.com. If you are unable to come to one of our 7 convenient
area offices, we will come to you. And, you pay no up-front costs or
any fees whatsoever unless we win your case.

For updates on this topic and others,
subscribe to the Florida Injury Lawyer blog at the top of this page.

Now that Florida has enacted a law that makes not wearing a seatbelt for adults a primary traffic offense, a Florida Senator is pushing for similar legislation regarding booster seats for children in cars. If he is successful, not having children of a certain age secured in a booster seat, just as with an adult driver and their seat belt, will become reason enough for law enforcement to pull a driver over and issue a citation.

Sen. Thad Altman, R-Melbourne, has filed a bill that would require children be secured by a booster seat harness. This is the fourth consecutive year he has pushed for the new law. The law came before former Governor Jeb Bush back in 2002, and was vetoed, with Bush referring to concerns over intrusiveness of government into family affairs. At that time, very few states had enacted similar legislation. Today, however, Florida, along with Arizona and South Dakota, are the only three states without such a law in place. Altman is vowing to hold his ground, continue fighting and see to it that his fellow lawmakers pass his bill, and saves young lives in the process.

Currently, Florida statutes require a child be in a child safety seat if they are 3 years old or younger. After age 3, with the absence of the booster seat law, children are supposed to use a seat belt, as are adult vehicle occupants. The problem is that many experts are concerned that standard seat belts can actually cause serious injury to a child, due to their height and weight. A properly designed and installed booster seat raises the child’s vertical position in the car, reducing the risk of injury that can come from them using a standard seat belt.

Groups like The American Medical Association and the southern chapter of the American Automobile Association, (AAA South), point to studies and statistics that show children between ages 4 to 7 can be seriously injured or even killed when wearing a standard seat belt during a crash. Children in that age group are seated too low when buckled in, and injuries to the neck, spine, abdomen and lower extremities are more prevalent than in children who were in a booster seat.

Automobile accidents are the leading cause of death for children in the United States, according to government and insurance-industry studies. 35 child passengers younger than 10 died in Florida crashes in 2008. An additional 7,754 were injured.

“As far back as 2006, the U.S. Transportation Secretary has been chiding states like Florida to pass this law, because he knows that only 1 in 5 kids who need to use a booster seat are actually using them”, says P.J. Scheiner, a legal expert on motor vehicle crash injuries with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “The time for excuses is over – this law would be a huge step toward reducing the number of serious child injuries and fatalities on Florida’s roads.”

Since 1971 the firm of Associates and Bruce L. Scheiner, Personal Injury Lawyers has been passionately fighting for justice on behalf of those injured or killed in car, motorcycle and truck crashes. Our history of successful case resolution and more information about your legal rights can be found at www.focusedonjustice.com, or by calling 1-800-Dial-BLS.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

Some recent data that tabulates the numbers of crashes and
fatalities on roads throughout Southwest Florida should give area drivers
reason to take notice. The information regarding which local highways and roads
are the scene of the most accidents may not come as much of a surprise to those
who drive them daily – but the numbers support what local motorists have
often thought – there are far too many accidents in Lee and Collier
Counties.

A recent report released by the Lee County Department of
Transportation’s Public Works Departments compiles data to show the roads there
that had the highest number of traffic accidents in 2008. The top 15 “hot
spots” are identified here – the “2008 Rate” numbers indicate the number
of crashes per million vehicles entering the specific intersection:

2008 High Crash Locations
On Street	Cross Street	2008	2007	2006	2008 Rate
US 41	DANIELS PKWY	59	90	89	1.64
US 41	SIX MILE CYPRESS PKWY	51	60	76	1.55
SR 82	COLONIAL BLVD	46	69	54	1.97
DANIELS PKWY	TREELINE AVE	43	52	40	2.03
COLONIAL BLVD	SIX MILE CYPRESS PKWY	43	60	70	1.41
SANTA BARBARA BLVD	VETERANS PKWY	42	63	39	1.59
US 41	PONDELLA RD	41	53	53	2.26
DEL PRADO BLVD S	VETERANS PKWY	41	86	49	1.07
US 41	PINE ISLAND RD NW	37	53	49	1.89
US 41	COLLEGE PKWY	36	47	66	1.26
COLONIAL BLVD	METRO PKWY	36	43	36	1.16
CORKSCREW RD	THREE OAKS PKWY	34	27	33	1.93
MCGREGOR BLVD	COLLEGE PKWY	34	47	50	1.41
COLONIAL BLVD	FOWLER ST	34	36	45	1.12
SUMMERLIN RD	COLLEGE PKWY	33	42	45	1.31

 

If there is any good news to take away from this information, it is that in all but one location, the number of accidents is down from 2007. Still, local government and law enforcement officials are constantly working to make area roads safer, and reduce the number of accidents in Southwest Florida.

 

There are other reports compiled which detail the total number of crashes on Lee and Collier County roads, the fatality rates involved, and the causes of the accidents. The U.S. Department of Transportation publishes a Fatality Analysis Report from information contained in law enforcement accident reports.

 

Lee County Traffic Deaths from 1994 to 2008

Fatal Accidents            1340

Total Deaths                        1464

Drinking                        25.3%

Speeding                        17.5%

No Seat Belts                        68.2%

 

Lee County Roads with Highest Death Counts from 1994-2008

Type of Road                        Name of Road                        Number of Deaths

INTERSTATE            I-75                                    164

US HIGHWAY            US-41                                    148

STATE HIGHWAY            SR-80                                    83

 

_________________________________________________________

 

Collier County Traffic Deaths from 1994 to 2008

Fatal Accidents            713

Total Deaths                        825

Drinking                        19.5%

Speeding                        16.4%

No Seat Belts                        65.9%

 

Collier County Roads with Highest Death Counts from 1994-2008

Type of Road                        Name of Road                        Number of Deaths

INTERSTATE            I-75                                    208

US HIGHWAY            US-41                                    112

COUNTY ROAD            CR-846                        53

 

Recently, The Scripps Howard News Service conducted their own study of national and area roads via the newspaper and television outlets they operate throughout the country. (Scripps has no media outlets in Lee County.) The company’s reporters compiled data illustrating which roads were the most deadly, and called their special report “Killer Roads”. In the series, the Collier County information uncovered by reporters from The Naples Daily News revealed what most people would think to be obvious – the best way to reduce traffic crashes and fatalities is to not drink and drive, travel at the posted speed limit, wear your seatbelt, and avoid aggressive and distracted driving habits. Also, the series pointed out that there might be a correlation between expanding the number of Interstate lanes and reducing accidents. A Florida Highway Patrol spokesman was quoted as saying that more lanes equal less congestion, and the result is a reduced incidence of accidents.

 

“As the Scripps series pointed out, most of the traffic fatalities can be attributed to speeding, alcohol or drug impairment or not wearing seat belts,” noted Bruce L. Scheiner, Founder and Senior Attorney at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. He continued by adding that “distracted drivers who are texting, eating or using their cell phones have also been shown to be as dangerous as drunk drivers.”

 

Aggressively fighting for justice on behalf of accident victims and their families has been the mission of the experts at Associates and Bruce L. Scheiner, Personal Injury Lawyers since 1971.  If you have been injured in a motor vehicle accident caused by the negligence of another or by a roadway that may be unsafe, we welcome the opportunity to speak with you.  Please call 1-800-Dial-BLS or log onto www.focusedonjustice.com to arrange for a no-obligation, free private consultation. If our firm works on your case,   you pay us nothing unless we win. 

 

 

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Twenty-six months after causing a horrific DUI crash that claimed the life of a young Army soldier, Ashley East stood before Lee County Circuit Court Judge Thomas S. Reese for her sentencing on February 15th. The Judge allowed friends and family from both the prosecution and defense sides of the case to step up and offer testimony about Army Staff Sgt. Danny Beougher, his wife, Lauren, and East, the defendant. While the judge listened patiently, sobs from family members on each side of the case could be heard throughout the courtroom.

Sgt. Beougher was killed Dec. 8, 2007 on Hancock Bridge Parkway in North Fort Myers, while home on leave. His wife, Lauren Beougher, was critically injured when authorities allege a truck driven by East, 26, crossed the median and slammed into the Beougher’s Jeep Cherokee as they headed home for the holidays. Their car was filled with Christmas presents for their family.

Judge Reese noted that he “almost found it incredible” as he referred to comments made by East following the crash. East had stated that “she was only doing what everybody else does” when she made the decision to drive drunk that night. He said in his pre-sentencing statement that while East had testified that “she felt she was a victim of society and the media”, and she expressed “sincere regret for the accident she caused,” he felt the incident should not be categorized as an accident at all. Reese admonished East by saying her actions “killed a person, and almost killed someone else”, and “she alone was the person responsible for causing the crash.”

The Judge and the prosecution, personal injury lawyers from Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., also pointed out that East had previously been convicted of 7 counts of driving on a suspended license, and that her history of past discretions were those of a criminal, not merely a person who made a single error in judgment. East did not possess a valid Florida driver’s license at the time of the crash. Judge Reese imposed a sentence of 25 years in prison for the crime of DUI manslaughter, and individual sentences for leaving the scene of an accident with bodily injury and driving without a license. The sentences will run concurrently. East will also spend 5 years on drug offender probation upon completion of her sentence, with mandatory drug and alcohol testing, addiction counseling and rehabilitation. When East completes her sentence, she will never be allowed to have a Florida driver’s license for the rest of her life. East and her family and friends testified that “she was a good person”, and at the end of the sentencing she asked Judge Reese if she could hug her family before being remanded to state custody. The Judge denied her request.

“This case is a startling example of the serious consequences of drunk driving, and a reminder that driving while under the influence of drugs or alcohol can result in tragedy, forever altering the lives of everyone involved,” says Bruce Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. “We urge you to think of Sgt. Beougher and his widow and family the next time you are considering drinking and driving.”

Associates and Bruce L. Scheiner, Personal Injury Lawyers, represents the civil rights of the estate of Danny Beougher as well as Lauren Beougher and the Beougher family. The firm also has helped the family through the criminal process and dealt with extensive media coverage following the tragedy.

If you or a loved one has been injured or killed due to the negligence of a drunk driver, contact our firm at 1.800.DialBLS or visit www.focusedonjustice.com

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

New Report Says 1 in 5 Nursing Homes Rated “Poor”

A Fort Myers nursing home facility faces charges of abuse of one of its residents following complaints registered by a family member. A Cape Coral woman is alleging neglect after finding her father bruised, his glasses broken and with feces on his legs, at Signature HealthCARE at College Park, which is located just off Cypress Lake Boulevard near University Drive. The woman found her father slumped over in his wheelchair, and unable to sit up. After being transported to the hospital, staff there reported that the man had fecal matter down his legs and into his socks, was wearing three soiled diapers, and also that he appeared to have a bad rash and looked like he had not been washed in days. This is apparently not the first charge of neglect or abuse at the facility, which operates nursing homes in 7 states and whose Florida headquarters are in Palm Beach Gardens. Officials with the Agency for Healthcare Administration are now investigating Signature HealthCARE, and The Florida Department of Children and Families also has its own investigation into the incident. DCF has reported 7 investigations into the facility in the last two months.

According to an analysis of newly released government data by the USA Today newspaper, 1 out of 5 nursing homes consistently received a rating of “poor” when considering factors like overall quality, staffing and health inspections. A search of the Signature HealthCARE facilities reveals that the Fort Myers property received a rating of 1 star out of 5 stars which designates it as a below average facility. The Signature HealthCARE facilities in Port Charlotte and Sebring each received 2. The company has 20 properties in Florida.

In 2008, the Centers for Medicare & Medicaid Services began the rating system, giving the nursing homes they reviewed a rating of 1 to 5 stars, with 5 being the highest rating. The homes are rated based on different categories that could affect a resident’s quality of life and over all safety. The agency gathers their information based on nursing home complaints they investigate, inspections and other information. The study also lists whether the nursing home is a for-profit or non-profit entity, and whether a corporation owns them or not. The analysis of the data indicates that for-profit corporations owned nearly all of the homes that repeatedly received the fewest overall stars.

According to information provided on www.medicare.gov, “The Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals”.

A Medicare spokesperson said that even though a facility may receive a 1-star rating, it does not necessarily mean that it is a terrible facility. Even the lowest rated homes must meet the minimum Medicare operational standards to remain open. The hope is that by providing the rating system, families and loved ones who are considering admitting a family member to a nursing home will have better information on which to base their selection, and the industry in general will improve its standards of care.

Medicare recommends following these steps when deciding on a nursing home selection:

Step 1: Find Nursing Homes in your area. Search by name, city, county, state, or ZIP code.
Step 2: Compare the quality of the nursing homes you're considering using the Five-Star Quality Ratings, health inspection results, nursing home staff data, quality measures, and fire safety inspection results.
Step 3: Visit the nursing homes you're considering or have someone visit for you. Use the Nursing Home Checklist to help you track your research.
Step 4: Choose the nursing home that best meets your needs. Talk to your doctor or other healthcare practitioner, your family, friends, or others about your nursing home choices, and Contact the Long-Term Ombudsman or State Survey Agency before you make a decision.

P.J. Scheiner, an attorney who handles nursing home abuse cases with the law firm of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., says, “Unfortunately, the problem of nursing home abuse is all too real, and in some extreme cases, can lead to a family member’s being seriously injured or even killed in a poorly run facility. You need to use every method you have available in order to ensure you select a home where your loved one will receive the best care possible”.

To search for a nursing home and see their most recent rankings under the 5-Star Quality system, click here. By typing in the city and state, you will see a listing of all of the ranked facilities in that area.

Should you or a loved one be injured while in a nursing home contact Associates and Bruce L. Scheiner, Personal Injury Lawyers at 1.800.Dial.BLS or visit www.focusedonjustice.com. You pay us nothing unless we win.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

After announcing within the last two weeks that it was recalling a huge number of various models of vehicles due to problems with the accelerator pedal, Toyota Motor Corp. announced a worldwide recall of as many as 437,000 hybrid cars, including its popular Prius model, because of what may be problems with the braking system.

Additionally, Japanese news sources were reporting on Monday that Toyota was also gearing up to warn owners of the Lexus HS250h, also a hybrid model, that their cars may require similar repairs. This revelation will only further damage the Japanese auto maker by dragging its luxury line of vehicles into the same quagmire, and continue to damage the reputation of what had generally been regarded as one of the most quality-conscious car makers in the world.

The U.S. National Highway Traffic Safety Administration has received about 100 complaints involving the brakes of the Prius model. Two involved crashes resulting in injuries. (It is being reported that Prius models manufactured since May 2009 are not effected by the potential recall). Prius owners have reported what seemed to be a slight lag time between depressing the brake pedal and the actual slowing of the cars, as well as a pulsing of the brake pedal when braking on a bumpy road. While Toyota has said it is investigating the purported problems, it has also said it does not believe that there are safety concerns with the cars, and are questioning whether a problem actually exists.

The Associated Press has reported that Toyota group vice president, Bob Carter, sent an e-mail message to dealers late Friday, February 5, stating that “public awareness of the problem has prompted considerable customer concern, speculation, and media attention due to the significance of the Prius image”. He went on to say, “We want to assure our dealers that we are moving rapidly to provide a solution for your existing customers."

Now, it seems Toyota is not the only auto manufacturer with potential quality and safety concerns. Ford Motor Co. has announced it will upgrade the brake software on its Ford Fusion and Mercury Milan hybrid models built prior to October 17, 2009, after the research firm Consumer Reports detected a braking issue. The auto maker estimates that about 18,000 vehicles could be affected by the electronic brake-software glitch. No injuries have been reported.

"We have received reports that some drivers have experienced a different brake feel when the hybrid's unique regenerative brakes switch to conventional hydraulic braking," Ford said in a statement Thursday. "While the vehicles maintain full braking capability, customers may initially perceive the condition as loss of brakes." Customers with affected vehicles will receive a notice in the mail. Those owners should have the software reprogrammed at a dealership. There will be no charge.

“While it is true that the melding of computer technology and automotive safety systems have made huge advances over the cars of just a few years ago, unfortunately, problems can still arise that could be a factor in causing a tragic car crash,” notes attorney P.J. Scheiner, of the law firm Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “Until owners of the cars suspected of having these problems can be assured that their vehicles are 100% safe for the road, they should monitor the situation closely via their local Toyota or Ford dealerships.”

When it comes to fighting for justice for those injured because of a defective product or a motor vehicle accident caused by the negligence of another, the team of lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers is backed by a nearly 40-year legacy of standing up for victim’s rights. If you have been injured and would like a no-obligation assessment of your specific situation, call 1-800-Dial-BLS, or visit www.focusedonjustice.com. We will fight aggressively on your behalf, and you pay us nothing unless we win.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

While motor vehicle accidents caused by drunk or impaired drivers seem to grab the headlines, few people are aware of the dangers of driving while sleepy. The National Highway Transportation Safety Administration says there are just as many accidents caused by sleep-deprived drivers as there are involving drunk drivers. And drunk drivers, even though they are impaired, can usually react to an impending crash. Drivers who doze off at the wheel, however, have no warning of an accident, and the result is a more violent impact and aftermath.

Falling asleep at the wheel causes more than 100,000 car crashes per year, simply because the driver thought they were fine to drive a vehicle. The National Sleep Foundation reports that drowsy-driving accidents cause 1,550 unnecessary deaths, 71,000 injuries, and $12.5 billion in property losses and lost productivity every year. Not only are the drowsy drivers risking serious injuries or death for themselves, but putting fellow passengers, other motorists and pedestrians at risk as well.

Those who drive for a living are even more susceptible to the effects of falling asleep while driving. Long-haul truck drivers, cab drivers and others who work for long periods of time as professional drivers have a greater risk of falling asleep and general fatigue that can lead to a serious car or truck crash. Almost half of all truck drivers have admitted that they have fallen asleep while behind the wheel at least once during their professional driving career.

According to the website www.drivers.com, a recent study undertaken by The Farmers Insurance Company revealed some alarming statistics related to sleepy drivers. Their research found that almost three times as many men (15.9 percent) as women (5.8 percent) said they had fallen asleep while driving. Those ages 55 to 64 had the highest percentage of any age group surveyed (13.7 percent). Nearly twice as many (20.6 percent) of those surveyed said they had momentarily dozed while driving, including 28.6 percent of the male respondents. In addition, while 53.4 percent of all surveyed said they have felt drowsy while driving, 41.2 percent claimed they kept driving.

Another survey shows some of the tactics drivers resort to in an effort to fight drowsiness on the road. In descending order, the most popular tactics those surveyed said they have used when they have become sleepy while they were driving were:

1. Stop driving or switching drivers (59.5 percent)
2. Open the windows or turn on the air conditioning (59.0 percent)
3. Listen to the radio or CDs (57.7 percent)
4. Stop to eat or drink (46.3 percent)
5. Drink caffeine (42.3 percent)

Other methods the respondents claimed to have used to stay awake at the wheel include talking or singing to themselves (31.7 percent), splashing water in their faces (18.4 percent) and slapping, hitting or pinching themselves (16.1 percent). However, The American Institute of Chartered Personal Casualty Underwriters insists "stay awake" behaviors such as exercising, turning on the radio and opening the windows are misconceptions, and have not been proven to prevent sleep attacks. Experts who have looked at the problem say the only safe way to combat drowsy driving is to pull over to a safe parking spot and take a 20-minute nap.

“Accidents caused by sleepy drivers are on the increase, and pose just as serious a threat to motorists as does a drunk driver,” says P.J. Scheiner, a personal injury lawyer with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “People need to use the same common sense they would when avoiding alcohol before driving, and make sure they are alert enough to safely operate a motor vehicle.”

Associates and Bruce L. Scheiner Personal Injury Lawyers have been fighting for justice on behalf of accident victims for nearly four decades. Our aggressive and expert representation can help you recover the financial compensation you deserve if you are in an accident caused by a drowsy driver – and, you pay us nothing unless we win. For more details about our areas of practice and the results we have achieved on our clients’ behalf, visit www.focusedonjustice.com, or call us at 1-800-Dial-BLS.

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If you knew how many times you’ve been onboard a flight that should not have been allowed to leave the runway, chances are you’d be far more concerned about airline safety.

According to a study conducted by USA Today and released on February 2, there are an alarming number of flights with mechanical and safety problems that are given clearance to take off when they should have remained on the tarmac. The newspaper’s six-month study found that millions of air travelers were on approximately 65,000 commercial carrier flights that should never have left the ground because the planes had not been properly maintained.

The Federal Aviation Administration, (FAA), the government entity which oversees airline safety compliance, has fined or has proposed fines against 25 commercial air carriers totaling over $28 million. The fines are related to maintenance violations, and occurred over the past 6 years. The most egregious offenses were by Southwest Airlines, which was fined $7.5 million last March. The airline operated 46 aircraft on almost 60,000 flights during 2006 and 2007 without having them undergo mandatory fuselage inspections intended to detect cracks in the body of the planes. The FAA determined that 6 of the planes did have cracks in the fuselage – and also that even though Southwest was aware they had not followed the required inspection routines, they continued to operate the same 46 aircraft for an additional 1,451 flights.

“As a licensed pilot, I can assure you that these are some scary and blatantly shocking issues that are being reported,” says Bruce L. Scheiner, founder and Senior Attorney at the personal injury law firm that bears his name. “And sadly, the FAA does not always document each incident in which a plane with a potential safety issue related to shoddy maintenance has taken off. The potential for a tragic crash is overwhelming.”

The newspaper’s report goes on to say that the cause of the majority of the improper maintenance procedures stems from the airlines’ contracting with outside service providers to take care of aircraft repair work. The sheer numbers of planes, some of which have been in service for a considerable amount of time, make it impossible for the carriers to undertake all of the maintenance and repair issues in-house. Many carriers utilize overseas shops and mechanics that may be less than adequately trained to handle the job, the report says. Although the FAA is charged with overseeing all maintenance and repairs to the country’s fleet of aircraft, the research has indicated that their efforts are far from adequate. The Department of Transportation's Inspector General, Calvin Scovel, has identified many serious maintenance deficiencies during the past nine years. In November, Scovel told a House subcommittee that it "may be months or even years" before FAA inspectors do an on-site review of a repair station after it's approved for use by an airline. “As a result of FAA's flawed approval and untimely inspection processes, maintenance problems either went undetected or reoccurred,” the inspector general said.

Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. has a team of licensed pilots and credentialed investigators to aid in the fact-finding related to injuries caused by an aircraft crash. With nearly 40 years of personal injury trial experience and a history of fighting for justice on behalf of its clients, the firm is prepared to aggressively represent your legal rights should you or someone you love fall victim to an accident caused by an improperly maintained aircraft. For more details about the results we have achieved for our clients, visit www.focusedonjustice.com, or call 1-800-Dial-BLS.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

Mothers Against Drunk Driving, (MADD), and Florida personal injury lawyers are urging people to take action in support of a proposed bill intended to reduce the number of drunk drivers on Florida roads.

The lifesaving bill requires ignition interlocks for all first time convicted drunk drivers—even though first time offenders are not really “first time”, as people typically drive drunk 87 times before being arrested. Ignition interlocks for all first time convicted drunk drivers are proven to reduce DUI repetitiveness, decrease drunk driving deaths and prevent injuries. Currently, 12 states have this lifesaving law in place.

Senator Stephen R. Wise, (R-Jacksonville) introduced SB 924, which would require that an ignition interlock device be used for a specified period after a first conviction of driving under the influence of alcohol. It requires a court to order a person who is convicted of driving under the influence not to operate a motor vehicle for a specified period unless that vehicle is equipped with a functioning ignition interlock device.

Attorney P.J. Scheiner, of the Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. firm, notes that they have a long history of supporting MADD and their efforts to rid the roads of drunk drivers, and urges everyone to ask their Senator to show their support of the proposed legislation by serving as a co-sponsor. “The facts don’t lie – in 2008, 875 people were killed in drunk driving crashes in Florida, and statewide there are 108,853 people with 3 or more DUI convictions, and 13,540 have five or more DUI convictions”.

To ask your Senator to become a co-sponsor of SB 924, click here. If you have been injured due to the negligence of a drunk driver, Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., will aggressively defend your legal rights, and fight for justice to ensure you receive the financial compensation you deserve. And, you pay nothing unless we win. For a free no-obligation consultation, call 1-800-Dial-BLS, or log onto www.focusedonjustice.com.

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