Florida Injury Lawyer Blog

The Florida Highway Patrol and law enforcement throughout the state will be conducting increased seat-belt enforcement through Nov. 30, as the first "Click It or Ticket" campaign of the holiday season aims to reduce the risk of serious or fatal injuries in Fort Myers car accidents.

“Our message is simple. If you fail to buckle up, then expect a ticket,” said Major Timothy Ashley. “The hard working men and women of the Florida Highway Patrol will be diligent in enforcing our safety belt law. Our state troopers are committed to making a difference through education and enforcement.”

Florida law requires adult front-seat occupants to fasten their seat belts. Occupants under the age of 18 are required to wear seat-belts regardless of their position in the vehicle. Violations will result in a $30 fine plus court costs.

The National Highway Traffic Safety Administration is encouraging states, including Florida, to extend seat-belt laws to adult back-seat passengers and to increase fines and enforcement.

"We want everyone to have a safe and happy holiday travel season," said Secretary Ray LaHood. "For the sake of your loved ones and everyone else on the road, please remember to buckle up and put away your cell phone every time you get behind the wheel."

The federal government reports a 10 to 12 percent improvement in usage rates for states that move from secondary to primary enforcement laws. States that raise fines from $25 to $60 reported gains of 3-4 percent, while those with a $100 penalty saw usage rates improve by as much as 7 percent.

"Seat belts are the single most protective safety device ever invented for use in vehicles, saving thousands of lives each year. Now our research proves that when states step up sanctions, they’re rewarded with huge improvements in belt use," said NHTSA Administrator David Strickland.

Florida's usage rate recently reached a record high of 87.4 percent.

Continue reading " Holiday seat-belt enforcement aims to reduce risk of serious or fatal injuries in Fort Myers car accidents " »

The Florida Highway Patrol will utilize every officer on the force -- including reserve officers, administrative staff and volunteers, to combat the risk of drunk driving accidents over the Thanksgiving holiday.

Our car accident attorneys in Fort Myers and Cape Coral urge you to enjoy the weekend with your family and to celebrate responsibly. For more than three decades, we have remained committed to fighting for the rights of families whose lives have been devastated by a drunk driver. These tragedies occur around the holidays with devastating frequency.

The Fort Myers News-Press reports that local authorities will also be on the lookout for impaired drivers and motorists who are a danger to themselves or others.

The patrol will also be on the lookout for aggressive drivers and incidents of road rage.

"The Florida Highway Patrol is committed to making Florida’s highways safe, and we plan to do that by bolstering our forces to reduce the number and severity of crashes," said FHP Director, Colonel John Czernis. "During this hectic time, it is easy to lose your temper while driving as evidenced by recent incidents of road rage. Our troopers are prepared to take immediate action to stop others from placing innocent lives at risk, whether the weapon is a gun or a vehicle.”

The Naples Daily News reports hotel bookings have rebounded from last year, signaling what should be a busy weekend in South Florida. With Thanksgiving also signaling the traditional start of the winter tourism season, this weekend is a good time to start reminding yourself to allow extra time and patience to reach your destination.

Last year, 36 motorists were killed over the Thanksgiving holiday making Florida one of the nation's deadliest states for holiday traffic accidents. The National Highway Traffic Safety Administration reports that 354 traffic fatalities were reported over last year's Thanksgiving Holiday.

Continue reading " Drunk driving accidents a Thanksgiving danger in Southwest Florida " »

The Fort Myers car accident lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safety and enjoyable Thanksgiving weekend with friends and family. Given this holiday sets off the busiest travel weekend of the year, we remind you that along with family time and holiday shopping sprees, comes an increased risk for South Florida car accidents.

And it’s not just the roads that will be busier, although the AAA Foundation projects that 42.2 million Americans will take to the roads to reach a holiday destination this Thanksgiving, an increase of 12 percent over 2009. Much of the increase is attributed to improved economic outlook, a decrease in personal debt and stabilized unemployment rates.

The Miami Herald reports that 24 million people will fly between Nov. 19-30. South Florida’s three major airports in Fort Myers, Miami and Fort Lauderdale are expecting a 3-to-7 percent increase in travel traffic Thanksgiving week.

The Florida Highway Patrol offers a list of tips for holiday travelers to help keep them safe on the roads:

~ Plan you travel route in advance and share with friends and family when you plan to leave and your expected arrival time at your destination. Make sure your cell phone is fully charged and with you in the car .

~ Keep doors and windows locked when you are in the car and when you stop. Don’t pick up hitchhikers or stop in unpopulated areas to ask directions.

~ If you leave your car, take valuables – your wallet, purse, cell phone – with you, or at least hide them from plain view.

Continue reading " Use caution while traveling this Thanksgiving to reduce risk of car accidents in Fort Myers, Naples, Cape Coral " »

Florida is not doing enough to reduce the risk of serious and fatal traffic accidents, particularly those involving children, the National Transportation Safety Board said this week in recommending that the state strengthen its driving laws.

Our Fort Myers injury attorneys frequently report on the dangers car accidents pose to children in South Florida. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death for children ages 3 to 14, as well as for teen drivers ages 15 to 20. Additionally, Florida joins Texas and California as states that routinely report the greatest number of accidents in virtually every category, including pedestrian accidents, bicycle accidents and motorcycle accidents.

The News-Press reported that the federal safety watchdog cited Florida's lack of a law requiring parents to use booster seats for children under 8 years old. South Dakota and Arizona are the only other states that have no requirements for children ages 4 to 8. About 3,000 children in that age group have died in car accidents in the last decade, according to the government, and about half of them were not properly restrained.

As we have reported on our Florida Injury Lawyer Blog, Florida is also among a dwindling number of states that have not enacted a law banning the use of cell phones or text messaging while driving. The Governor's Highway Safety Association reports that only Florida, Hawaii, Ohio and South Carolina have no regulations aimed at distracted driving. Even school bus drivers can drive and text message under current Florida law.

The NTSB would also like to see Florida limit the number of passengers a teen driver can transport and would like to see a motorcycle helmet law, improved seat belt use and better enforcement of drunk driving laws.

"State governments are in a unique position to affect the most significant improvement in certain areas of transportation safety," NTSB Chairman Deborah A.P. Hersman said. "Our Most Wanted List spotlights those states that have made noteworthy progress in better protecting the traveling public — and those that have not."

Continue reading " Florida's poor safety record increases risk of serious or fatal injuries resulting from Fort Myers car accidents " »

The Naples boating accident attorneys with Associates and Bruce L. Scheiner, Attorneys for the Injured, have been tracking the outcome of a local Sea-Doo lawsuit that reached a federal jury last week -- A 21-year-old Naples woman saw the $1.75 million she was initially awarded reduced to zero, the Marco Eagle reports.

The woman, who is now a Florida Gulf Coast University student, was injured after slipping from the jet-ski on May 20, 2007. As an inexperienced passenger who had never ridden a personal watercraft prior to the accident, she was unfamiliar with the potential hazards – a point that would become a key issue of courtroom debate.

In an emotional retelling, she told the jury how she sustained serious internal injuries after water from the jet thrust shot inside her. Due to the severity of her injuries, the former cheerleader was required to wear a colostomy bag during the last few months of high school. She has ongoing medical issues from the accident and can only give birth by Caesarean section.

While the jury found the Sea-Doo driver and owner negligent, it found no negligence on the part of the manufacturer, which was the claim of the federal lawsuit.

With the holidays quickly approaching, seasonal visitors will be flocking to beach side hotels, motels and rental properties all over South Florida. That means that inexperienced and veteran boaters alike will be taking to the waterways.

Regardless of warning labels and stickers and even the advice and instruction of rental agents, it’s a good idea for anyone considering boarding a boat or taking a personal watercraft for a spin to take a boater safety course before climbing aboard. At the very least, read the owner’s manual and operator instructions before donning a life vest and heading out to sea.

And despite liability waivers and other actions rental companies take to protect themselves, such steps do not automatically absolve them from the responsibility associated with renting poorly maintained equipment or permitting rentals to customers who clearly lacks the skills or abilities to operate such vehicles in a safe and responsible manner. Those injured in a boating accident or JetSki accident should consult a personal injury lawyer in Fort Myers or Naples to discuss their rights.

The Florida Fish and Wildlife Conservation Commission reports that in 2009 alone, more than 70 percent of those injured in a personal watercraft accident were using borrowed or rented equipment. Operator inexperience, speeding and inattention were the top three leading contributors to South Florida personal watercraft accidents. And, the FWC further noted that most injury accidents involved a passenger or driver falling from the craft or striking another vessel or stationary object.

Continue reading " Watercraft accidents a winter danger in Naples and Fort Myers " »

A Fort Lauderdale plane crash that killed two students and an instructor is a stark reminder of both the popularity and risks associated with general aviation in South Florida.

Our Florida airplane accident lawyers understand the complexities involved with investigating and determining the causes of an airplane accident in Fort Myers, Naples or elsewhere in South Florida. Our Founding Attorney Bruce L. Scheiner, held an active pilot's license for years and Attorney Preston J. Scheiner is a licensed multi-engine commercial pilot and is trained and licensed to fly the Citation Jet series of aircraft. Having a law firm that understands the complexities of aviation law and the aviation industry can help ensure that your rights are protected in the wake of a serious or fatal airplane crash.

Thursday's accident killed a flight instructor and two students when the Piper PA-44 Seminole aircraft crashed while taking off from Palm Beach International Airport. A flight instructor and two students were among those killed. A passenger was taken to an area hospital, where he later died.

The plane was owned by Melbourne-based FIT Aviation LLC, the Florida Institute of Technology's aviation school, the Sun-Sentinel reported.

Each year, the National Transportation Safety Board reports an average of about 1,500 airplane accidents in the United States. Florida and California lead the nation in airplane accidents, with each state reporting about 150 accidents a year. The vast majority of these involve single-engine piston airplanes.

Florida has more than 48,000 licensed pilots and more than 100 public airports. Determining the cause of an airplane accident, and making a recovery from those responsible, can be among the most complicated cases handled by a Florida personal injury or wrongful death law firm. State and federal regulations; the involvement of in-state and out-of-state pilots and insurance companies; plane ownership that is frequently a corporate entity; and acquiring maintenance and training records can all complicate aviation litigation in the wake of a serious or fatal accident.

With general aviation comes a responsibility to passengers, as well as those on the ground. When negligence is involved in a serious or fatal accident, victims can and should be compensation for medical bills, pain and suffering and other actionable claims. Whether they receive the compensation to which they are entitled can depend on their choice of law firms.

Continue reading " South Florida airplane accident claims require law firm with extensive knowledge of the aviation industry " »

Law enforcement began November with an operation aimed at improving boater safety and targeting unsafe behavior on the water in an effort to reduce the risk of serious and fatal boating accidents in Fort Myers, Naples and the surrounding areas as winter residents and tourists begin flocking to the area.

The Fort Myers Police Department and the Lee County Marine Task Force teamed up for the first joint operation of the year, conducting safety inspections and looking for speed and other safety violations, including careless operation and boating under the influence.

Collier County boating accidents place the county sixth in the state, with 35 accidents last year. A total of 35 Lee County boating accidents placed the county seventh in the state for highest number of serious and fatal boating crashes.

The goal of "Operation Safe Boat" is to promote a safe boating environment and prevent serious injury and death as the winter boating season begins.

Boat owners and operators are encouraged to conduct routine safety inspections, including a check of navigation and anchor lights, as well as fire extinguishers and that the proper number of Coast Guard approved life vests and other safety equipment are aboard and in good working order.

Joining the periodic enforcement operations this winter will be the Lee County Sheriff's Office, the Cape Coral Police Department, the Sanibel Police Department, Florida Fish & Wildlife Conservation Commission and the U.S. Coast Guard.

Boaters or residents who witness aggressive or impaired boating can dial 911 or use VHF Channel 16.

Florida is the boating capital of the United States. The Florida Fish and Wildlife Conservation Commission publishes an annual report detailing Florida boating accident statistics.

-In 2009, the state had nearly 1 million registered vessels -- 982,470.

-There were 620 reportable boating accidents in 2009.

-70 percent of operators in boating accident had no formal boater education.

-Monroe County (Florida Keys) reported the highest number of boating accidents --77 accidents, 3 fatalities, 52 injuries.

-39 percent of fatal accidents were falls overboard.

-52 percent of fatal accidents involved vessels less than 18 feet in length.

-Drowning is the leading cause of death (69 percent).

Our Fort Myers pedestrian accident attorneys remind motorists that with the clocks going back an hour comes an increased risk of traffic accidents during the late afternoon, particularly those involving pedestrians.

The National Highway Traffic Safety Administration reports that 4,092 pedestrians were killed last year and 59,000 were injured. Florida is one of the deadliest states in the nation for pedestrian accidents, second only to California.

With the clocks going back an hour, dusk will fall during the afternoon rush hour. The additional traffic that comes with the return of winter residents and tourist season will only exacerbate the problem. While there is also an increased danger of car accidents with an earlier dusk, it is the high risk of serious or fatal injuries that come with pedestrian accidents that has authorities most concerned.

The government reports adjustment to the lower-light takes time and drivers may also be more distracted. Pedestrians are encouraged to carry flashlights and/or wear reflective tape to ensure they are visible to drivers at the greatest possible distance.

Nationwide, 25 percent of fatal pedestrian accidents occur between 4 p.m. and 8 p.m. while another 13 percent happen around sunrise.

Other advice to reduce the risk of car accidents and pedestrian accidents at sunrise and sunset:

Motorists
-Slow down. Dusk requires more time to see and react.
-Keep in mind pedestrians may not hear you approach.
-Keep your windshield and mirrors clear. Make sure your windshield fluid is full and that wipers and defrosters are in good working order.

Pedestrians
-Carry a flashlight and wear reflective material.
-Don't depend on traffic signals to protect you.
-Avoid jaywalking or crossing the street between parked cars.
-Use sidewalks whenever possible.
-Walk facing traffic.

Continue reading " Clocks go back, risk of Fort Myers car accidents, pedestrian accidents go up at dusk " »

Our Fort Myers injury lawyers encourage you to carry the message of Drowsy Driving Prevention Week, which runs Nov. 8 to Nov. 14.

A new report by the AAA Foundation for Highway Safety found that 2 of every 5 drivers admitted to falling asleep at the wheel at some point. One in 10 drivers said they have done it in the past year. More than one-fourth of motorists surveyed admitted to driving while so tired they could hardly keep their eyes open at some point during the last month.

Despite 85 percent of those polled saying that driving while too tired is "completely unacceptable," the disconnect between opinion and statistics indicates far too many drivers do not appreciate the dangers of drowsy driving.

“When you are behind the wheel of a car, being sleepy is very dangerous. Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol, contributing to the possibility of a crash,” said AAA Foundation President and CEO Peter Kissinger. “We need to change the culture so that not only will drivers recognize the dangers of driving while drowsy but will stop doing it.”

New statistics from the National Highway Traffic Safety Administration suggest that one-sixth of fatal car accidents involve a driver who was drowsy, accounting for more than 5,500 deaths each year. Drowsy driving is also involved in 1 in 8 accidents involving hospitalization and 1 in 14 crashes that result in a vehicle being towed from the scene.

"Many of us tend to underestimate the negative effects associated with fatigue and sleep deprivation and, conversely, overestimate our abilities to overcome them while driving," said Kathleen Marvaso, vice president, AAA Public Affairs. "This data underscores the importance of educating drivers on the simple, yet effective steps they can take to prevent a possible tragedy. Unfortunately, too many drivers have adopted the 'I'm tired, but I can make it’ mentality, often to their own peril or to the peril of others."

Safety advocates urge motorists to get plenty of sleep before taking a long trip, schedule a break every two hours or 100 miles, travel at times when you would normally be awake, and to stay overnight instead of attempting to drive straight through to your destination.

Signs of drowsy driving include:

-Having trouble keeping your eyes opened or focused.

-Trouble keeping your head up.

-Daydreaming or having wandering or disconnected thoughts.

-Drifting out of your lane or tailgating.

Continue reading " Drowsy Driving Prevention Week can help reduce risk of car accidents in Fort Myers, Naples, Cape Coral, Punta Gorda " »

Associates and Bruce L. Scheiner, Attorneys for the Injured, is one again the title sponsors of the 2010-2011 Cape Bike Night Season.

Our motorcycle accident attorneys in Fort Myers, Cape Coral, Naples and the Punta Gorda/Port Charlotte areas are dedicated to fighting for the rights of motorcycle riders who have been seriously injured or killed by the negligence of other drivers. And we are proud to once again provide title sponsorship to what has become Southwest Florida's premiere motorcycle event.

"Cape Coral Bike Night draws tens of thousands of motorcycle riders every year and has become the signature bike event in Southwest Florida," said Bruce L. Scheiner, the firm's founder and senior attorney. "We are pleased to once again partner with the City of Cape Coral and all of our friends in the riding community in supporting these family-friendly events while promoting motorcycle safety and awareness."

This is the sixth year Associates and Bruce L. Scheiner, Attorneys for the Injured, has provided sponsorship and the fourth year the firm has been the season's title sponsor, according the Cape Coral Special Events Coordinator Todd King.

"Attendance continues to grow -- Cape Coral police estimated attendance at our October event was the largest ever," King said. "With the amazing support from Bruce L. Scheiner and his team, the event has continued to get better and better each year."

The event is also frequently used to raise money for charity; in October, a March of Dimes fundraiser was conducted.

The remaining three events for this year are scheduled for December 11, February 12 and April 9. Cape Coral Bike nights are held on SE 47th Terrace in Cape Coral, which is closed to motorists. The event features food and clothing vendors, live bands, raffles, prizes and thousands of motorcycles.

Event attendance typically tops 10,000 people.

Continue reading " Motorcycle accident lawyers in Cape Coral and Fort Myers once again sponsor 2010-2011 Cape Bike Nights " »