Florida Injury Lawyer Blog

Last week our Cape Coral injury lawyers reported on the risks and complications associated with traumatic brain injury in the wake of the tragic shooting of Gabrielle Giffords. As we said, most brain injury cases are caused by falls and auto accidents, not by assault.

Another type of catastrophic injury associated with car accidents, falls and other types of trauma, is spinal cord injury. Depending on how high in the spine an injury occurs, lower extremities or both lower and upper extremities may be impacted. A high injury near the neck may result in tetraplegia or quadriplegia, which affects arms, truck, legs and pelvic organs. While an injury lower in the spine may result in paraplegia, which affects all or part of the trunks, legs and pelvic organs.

A spinal cord injury may be complete -- meaning no feeling or function survives below the injury site, or partial, meaning the victim may retain some sensory or motor function below the site of the injury.

Leading causes of spinal cord injuries include:

-Motor Vehicle Accidents: Leading cause responsible for nearly half of all spinal cord injuries.

-Violence: 16 percent are caused by violence, including knife and gunshot wounds.

-Falls: Spinal cord injuries in those over the age of 65 are most often caused by a fall.

-Sports and recreational activities: Are responsible for about 12 percent of all spinal cord injuries.

These injuries frequently result in the need for long-term care and can have life-long medical complications, including respiratory and circulatory problems, problems with muscle tone and control and sexual dysfunction, according to the National Institutes of Health.

The Centers for Disease Control and Prevention reports about 200,000 people are living with a spinal cord injury in the United States. About 20,000 new cases occur each year.

The average lifetime medical costs for someone with a spinal cord injury is $500,000 to $3 million, depending on the severity of the injury.

Like with any type of catastrophic injury, seeking experienced legal help is critical. Insurance companies and their attorneys know what is at stake and will often make a fast settlement offer, sometimes even bringing a check to a victim's home or hospital room. Please do not make any statements or sign any documents until speaking to an experienced and well-qualified law firm.

Continue reading " Car accidents a leading cause of spinal cord injuries in Fort Myers " »

As our Fort Myers personal injury attorneys frequently report, Florida is one of the few remaining states that has done nothing to prevent motorists from causing distracted driving accidents by either text messaging or talking on the phone while behind the wheel.

As lawmakers convene in Tallahassee, we urge them to consider, at a minimum, enacting a law that would prohibit teenagers and new drivers from using hand-held cell phones while driving. The National Highway Traffic Safety Administration has labeled distracted driving an "epidemic" that leads to 5,000 deaths and 500,000 injuries each year in the United States.

The USA Today reports that the Insurance Institute for Highway Safety is questioning whether hands-free laws or prohibitions against text messaging are effective. In part because an increasing body of research is suggesting hands-free devices are no safer, and in part because motorists may be attempting to hide their phones in their laps to avoid getting a ticket, and thereby taking their eyes off the road for a longer period of time.

Yet there is no question distracted drivers frequently cause car accidents in Fort Myers, Cape Coral and throughout South Florida. We see it every day. A comprehensive and common sense approach is needed and we think addressing the issue of teen drivers and cell phones is a great place to start.

IIHS President Adrian Lund said distracted driving "is a growing problem in the sense of our recognition of it, but the fact is, it's always been there."

U.S. Transportation Secretary Ray LaHood has recently deflected criticism that the department is ignoring other safety issues as a result of hyper-focusing on distracted driving. He points to recent initiatives dealing with better rear-visibility in vehicles, a new five-star rating system and a number of recent recalls. Most of those have been announced since the IIHS first made critical comments about the focus on distracted driving last year.

LaHood said the government is ""laser focused on auto safety, holding automakers accountable for dangerous safety defects that put consumers at risk. ... Our roads are the safest they've ever been, but we're not going to stop pressing forward to make them safer."

He said distracted driving was linked to 10 percent of fatal crashes in 2005. That number increased to 16 percent in 2008 before leveling off last year. The department credits its initiatives and the work of states passing distracted driving laws.

Continue reading " Florida distracted driving law an issue even as government and safety advocates debate impact " »

Police are looking for the suspect in a hit-and-run motorcycle accident in Fort Myers, according to NBC-2 News.

Authorities do not believe the rider in this case suffered life-threatening injuries. The crash occurred Saturday Jan. 15 at the intersection of Winkler Avenue and Challenger Boulevard. The car was apparently abandoned near Pottorf Elementary and authorities were searching for the driver with the help of K-9 teams.

Our Fort Myers injury attorneys are frequently asked if there is a chance of recovery for victims of hit-and-run accidents or those who have been injured or killed in uninsured motorist accidents. Tragically, some victims think there is no point in even seeking the help of an attorney in such cases.

We firmly believe experienced legal advice is critical in the aftermath of such accidents. In the event the driver is located, a claim can be made against his or her insurance company. In other cases, a claim can be made against an at-fault driver's assets or against the insurance policies in place on other vehicles in the household. In still other cases, a claim may be made against your own insurance company.

Motorists leave the scene of an accident for many reasons, but driving without insurance and driving without a license are chief among them.

A report by the Insurance Research Council found that Florida had among the highest rates of uninsured drivers of any state in the nation. The report found 23 percent of drivers had no insurance in 2007, a rate that was expected to rise to 28 percent by 2010 as the economy continues to struggle.

The national average was 13.8 percent in 2007 and expected to rise to 16.1 percent by the end of last year. The states with the highest number of uninsured drivers are (New Mexico 29 percent), Mississippi (28 percent), Alabama (26 percent), Oklahoma (24 percent) and Florida (23 percent).

Massachusetts, Maine, North Dakota, New York and Vermont have the lowest rate of uninsured motorists.

Florida law requires a minimum of $10,000 personal injury protection and $10,000 property damage liability. Neither is sufficient in the event of an accident and motorists are encouraged to purchase the highest limits they can afford. Additionally, uninsured and underinsured motorist coverage should be purchased to help protect you and your family from an accident involving a hit-and-run or an uninsured driver.

“Uninsured drivers create risks for themselves and for all drivers, and that means purchasing just the minimum amount of required coverage may not be enough,” said Lynne McChristian, Florida representative for the Insurance Information Institute. “Purchasing uninsured/underinsured motorist coverage will pay for medical expenses and lost wages after the limits of a minimal policy are paid out.”

Continue reading " Fort Myers injury attorney should be consulted in accidents involving hit-and-run motorists, uninsured drivers " »

The horrific attack on Congresswoman Gabrielle Giffords has brought the issue of Traumatic Brain Injury to the forefront of the national conversation in the last week. The miraculous strides in Giffords' recovery illustrate the unique nature of brain injuries. What has yet to be mentioned is the likelihood of her medical care exceeding $1 million.

Our Fort Myers accident attorneys understand the complex nature of catastrophic injuries, which can include a Traumatic Brain Injury, spinal cord injury, loss of a limb, loss of eyesight or severe burns. When it comes to Traumatic Brain Injury (or TBI), no two cases are alike.

And such injuries are far more common than many people think. The Centers for Disease Control and Prevention reports about 1.7 million people suffer a Traumatic Brain Injury each year. Of those, about 52,000 will die and 275,000 will be hospitalized. More than 1.3 million will be treated and released from hospital emergency rooms.

In fact, TBI contributes to nearly one-third of all injury-related deaths in the United States. Children ages 15 to 19 years old and adults over the age of 65 are most likely to sustain a Traumatic Brain Injury.

Leading causes of TBI:

-Falls (35.2 percent)

-Motor Vehicle Accidents (17.3 percent)

-Struck by object (16.5 percent)

-Assault (10 percent)

The Injury Control Research Center estimates the cost of care for someone with a moderate or severe head injury is $1 million to $3 million.

A recent article in The New York Times illustrates a woman's experience with increasingly debilitating symptoms for weeks after suffering a fall. When she finally went to the doctor, she was rushed to the hospital for emergency surgery to relieve pressure caused by bleeding in the brain.

When a victim suffers a blow to the head, a thorough medical evaluation should be conducted. TBI can range from a concussion to a penetrating head wound. All can have serious, even life-threatening, consequences. From a legal standpoint, it is important for your attorney to understand the potential consequences of your injuries, and the long-term medical implications. Head injuries frequently result in some form of long-term impairment.

Failure to fully address those consequences, and the resulting long-term medical expenses and/or impact on your ability to earn a living, can result in a financial settlement that is inadequate.

The Florida Department of Highway Safety and Motor Vehicles reports fewer traffic fatalities occurred in the Sunshine State in 2010 than at any time since the 1970s. A total of 2,430 traffic fatalities were reported in Florida last year -- five percent fewer than the 2,563 reported in 2009.

Debate continues over whether traffic deaths will begin to increase again with the economic recovery. The National Safety Council reports a four percent decrease in accidents nationwide last year, although about a dozen states, primarily in the Midwest, had increases last year for the first time since the start of the Great Recession.

Southwest Florida mirrors that trend.

The News-Press reports 104 of those fatal traffic accidents occurred in Lee and Collier counties. A total of 64 people died in Lee County car accidents -- a twelve percent decline over 2009. However, Collier County car accidents claimed forty lives, one more than 2009.

Jay Anderson executive director of "Stay Alive Just Drive," said education and better enforcement have made an impact when it comes to reducing traffic fatalities, regardless of the economic downturn. He points to the fact that fatalities have decreased despite little change in total vehicle miles traveled.

"The education and awareness component has become paramount," Anderson said. "The key word here is prevention."

However, when it comes to prevention, Florida lawmakers have done little. The Governors Highway Safety Association reports that Florida is one of just a few states that has passed no laws preventing drivers from text messaging or using cell phones while driving. Eight states forbid drivers from using hand-held cell phones at all. Thirty states prevent drivers from text messaging.

Florida is one of only about five states with no such laws on the books. And Florida is one of the only states that has passed a law forbidding local governments from establishing their own bans. That law, which passed in 2002, prevents Fort Myers from passing its own cell phone ban, Anderson said.

"The thing that scares me today is that all cell phone will become smart phones," Anderson said. "Some of the behavior that we observe now, it's no longer just using the cell phones and texting -- it's responding to emails. Posting onFacebook. Googling. Playing games. Using it as a GPS. All these things detract from operating an automobile."

Our Cape Coral motorcycle accident lawyers and the staff at the law offices of Associates and Bruce L. Scheiner, Attorneys for the Injured, would like to extend our condolences to the family of Scott Wheeler, an off duty correction's deputy who was killed in a motorcycle accident on Wednesday.

The News-Press reports Wheeler's Yamaha motorcycle collided with a vehicle making a left turn onto Pine Island Road from Skyline Boulevard. The crash happened just before 6 p.m. The investigation is ongoing and no charges have been filed.

Wheeler, 24, has been a correction's officer since 2008 and leaves behind a fiance, who is pregnant, and two children, ages 4 and 5.

The death was the first traffic fatality of the year in Cape Coral and the third in Lee County, according to the Florida Highway Patrol. It also serves as a tragic reminder to " Watch for Motorcycles" throughout South Florida's winter riding season.

The National Highway Traffic Safety Administration reports 5,290 riders were killed in 2008 and more than 96,000 were seriously injured. Florida motorcycle accidents accounted for 523 riding deaths. Only California (537) reported more fatal accidents.

Motorcycles can be hard to see. And their small size makes judging speed difficult at best. As we reported last fall on our Florida Injury Lawyer Blog, the winter is prime riding season in Florida.

The Motorcycle Safety Foundation's "10 Things All Car, Truck and Bus Drivers Should Know About Motorcycles" are worth repeating often.

-When a motorcycle is involved in an accident with another vehicle -- the driver of the other vehicle is usually to blame.

-Motorcycles can be hard to see and can hide in blind spots. Look twice and use extra caution when pulling into the roadway.

-It's tough to judge a motorcycle's speed. Assume it's closer than it appears.

-Don't rely on a motorcycle's brake lights -- a rider often slows by backing out of the throttle and downshifting.

-Motorcycles often move around within their lane. Don't crowd them.

-Turn signals on motorcycles do not shut off on their own. Make sure you know a rider's intentions before proceeding.

-Don't expect a motorcycle to be able to dodge out of your way.

-Don't expect a rider to stop on a dime -- a motorcycle requires about the same distance to stop as a passenger car.

-Visualize a motorcycle as a person -- the rider is just as vulnerable.

-Motorcycle accidents typically result in very serious or fatal injury to the rider. Don't subject yourself to that guilt for the sake of saving a few seconds of drive time.

Continue reading " Corrections officer killed in Cape Coral motorcycle accident " »

If you want to prevent your teen from speeding or text messaging while driving, there is an app for that.

Our Cape Coral car accident attorneys reported last week on our Florida Injury Lawyer Blog, that the Countdown2Drive program has been aimed at 13- and 14-year-olds in the latest effort to reduce the risk of teenage car accidents.

But Florida is one of a rapidly dwindling number of states that have no laws on the books that prevent drivers from text messaging. The Governors Highway Safety Association reports 30 states have outlawed text messaging by drivers. Eight others outlaw the use of hand-held cell phones by all drivers, and still others prohibit young drivers from texting or using cell phones while behind the wheel.

But with Florida lawmakers standing idly by, a Florida company has developed PhoneGuard, a $29.99 smart-phone application that uses GPS to disable a phone's texting, web surfing and e-mail features at speeds greater than 10 mph. The Fort Lauderdale Sun-Sentinel recently reported that whole families are subscribing to the plan.

The dangers of texting and driving are well documented. The National Highway Traffic Safety Administration reports that about 5,000 motorists were killed last year and another 500,000 were injured in accidents caused by distracted driving. And a recent study by the University of North Texas concluded that texting caused 16,141 deaths between 2002 and 2007. It also blamed text messaging for about 75 percent of all distracted driving deaths.

Research conducted by Car and Driver recently found that a driver who is texting takes an extra 30 feet to stop, compared to an extra 15 feet that is typically required by a driver under the influence of alcohol.

But PhoneGuard doesn't stop there. The program also includes SpeedAlert, which notifies the administrator, typically a parent or employer, when the phone has traveled over a certain speed. The program sends a text message giving the speed and a map location, the Palm Beach Post reported.

TimeOut is another feature of the program, which permits parents to set limits on a phone's hours of operation. The PhoneGuard app is available for the Blackberry and Android phones and is expected to be available on the iPhones and Windows Mobile devices as early as next month.

And PhoneGuard isn't the only program already on the market. True SMS-Life Saver pp for the iPhone is available for $1.99 and others are sure to follow.

A Fort Myers school bus accident sent an elementary school student and a driver to the hospital this week, after a ladder fell out of a van and into the path of the bus.

The News-Press reported that the driver and a 6-year-old boy were transported to Lee Memorial Hospital for treatment.

The 68-year-old driver of the van was headed north on Hart Road in the area of Forest Park Drive when the ladder came loose from the van's roof. The ladder fell into the path of the bus. The Florida Highway Patrol cited the van's driver for hauling an unsecured load.

School bus accident cases can be complicated by multiple victims, competing claims and multiple defendants and insurance companies. In this case, at-fault parties may include the van's owner and driver, as well as its insurance carrier, any umbrella liability policy that may be in place if the van is a commercial vehicle owned by a business, and the school bus owner and/or school district and their insurance carriers.

An experienced Fort Myers accident attorney should be consulted whenever a child is seriously injured on school property, including sports injuries, assault and transportation accidents. Child injury and recovery may be complicated by growth and other factors. In other cases, the full extent of injuries may not be readily apparent for weeks or even months after injury.

The National Coalition for School Bus Safety reports more than 26,000 school bus accidents have occurred over the last decade, resulting in more than 7,000 injuries.

An average of 19 students are killed in bus accidents each year, according to the National Highway Traffic Safety Administration Many of those involve pedestrian accidents as students board or deboard.

Bus accidents can also pose serious risk to other motorists on the road. Like semis, school buses frequently weigh many times the weight of a 3,500 pound passenger car. Their large size and height also leave them mismatched with the bumpers of many passenger vehicles. In such cases, the occupants of a passenger vehicle are often at greatest risk.

Continue reading " Unsafe loads leads to Fort Myers school bus accident " »

Our pedestrian accident attorneys in Fort Myers and Cape Coral were not surprised to learn that Florida claimed four of the top five most dangerous spots in the nation for pedestrian accidents. Unfortunately, pedestrian accidents have reached near epidemic proportions in Florida.

No area of the state is immune. And it is a year-around problem that impacts all ages, from grade-schoolers to the elderly. Florida accounts for more than 10 percent of the nation's fatal pedestrian accidents ( 490 of 4,378 in 2008), according to the National Highway Traffic Safety Administration.. Only California records more fatal pedestrian accidents.

The new report by Transportation for America found the top five most dangerous metro areas in the nation are Orlando, Tampa, Miami-Fort Lauderdale, Jacksonville and Memphis.

However, when looking at all areas of a state, Punta Gorda was the most dangerous area in Florida for pedestrian accidents. Followed by Vero Beach, Ocala, Panama City and Orlando.

The Cape Coral and Fort Myers area was the state's ninth most dangerous, with a reported 32 fatal pedestrian accidents in 2007-2008. Naples-Marco Island placed 17th, with a reported 12 fatalities.

Nationwide, more than 76,000 Americans have been killed in pedestrian accidents in the last 15 years -- more than 43,000 have lost their lives in the last decade alone. During that time, 3,906 children were killed. The federal government reports that pedestrian accidents disproportionately impact children and the elderly, with about 20 percent of all pedestrian accidents involving a victim over the age of 65.

The study recommends a number of improvement methods, including:

-Traffic calming and street design: Including signals that give pedestrians a head start in crossing the road. Such planning, when combined with speed-reduction measures, can reduce accidents by up to 70 percent.

-Complete Streets: Planning for upgrades and future road projects need to take into account the needs of all users, including bicyclists and pedestrians. The needs of various age groups and persons with disabilities also should be taken into account.

-Safe Routes to School Program: These programs take a comprehensive approach to student safety, whether walking, riding a bike, waiting at the bus stop or on the bus.

-Walkable Neighborhoods: Communities need to be designed with plenty of emphasis on walking and bicycling, including parks and public spaces, restaurants and nearby retail facilities.

Continue reading " Punta Gorda state's most dangerous for pedestrian accidents -- four of nation's most dangerous cities in Florida " »

If you want to make a New Year's resolution that counts, our Fort Myers car accident attorneys urge you to speak with your teenagers about the importance of making good driving decisions. Reducing your teen's risk of a car accident in Naples, Cape Coral or elsewhere in South Florida could be the best move you can make as we enter 2011.

Safe Kids USA and the General Motors Foundation is launching Countdown2Drive, a national campaign aimed at equipping teenagers ages 13 and 14 -- as well as their parents -- with safety information well before the teen is eligible to drive legally. The effort is aimed at reducing the risk of serious or fatal accidents among young drivers, where the statistics are anything but encouraging.

The National Highway Traffic Safety Administration reports car accidents are the leading cause of death for teenagers -- both those ages 15 to 20 and those not yet old enough to drive. In 2008, almost 6,000 young drivers were involved in fatal accidents. Florida car accidents involving young drivers accounted for 516 deaths that year.

"Our goal is to educate young teens, as they begin to transition from passengers to drivers," said John Formisano, president and CEO of Safe Kids Worldwide. "Our research shows teen pre-drivers are eager to learn, and they are focused on the freedom a driver's license and access to a car can provide. By preparing them to be good passengers, Countdown2Drive can help decrease the number of crashes and injuries that occur during their first and most dangerous year of driving."

The government reports a teen age 13 or 14 has double the risk of dying in an accident as they did when they were younger. And that risk continues to rise as the teen gets older. More than 350,000 teenagers were seriously injured in car accidents last year.

"Texting and talking on cell phones may feel like second nature to a tech-savvy generation, but the truth is, no one can talk or text while driving safely," said U.S. Transportation Secretary Ray LaHood. "Driving distracted is a dangerous and deadly practice, which is why we need to reach teens early on - before they get a permit and a license to drive."

Teens are also at higher risk for other poor driving decisions, including drunk driving, aggressive driving, failure to wear their seat belt, speeding and riding with too many passengers in the vehicle.

Parents can visit the Countdown2Drive Program here.

Continue reading " New Year's Resolution for parents: Talk to teens about reducing risk of car accidents in Fort Myers, Naples, Cape Coral " »

Even the safest drivers are in danger when they go out on New Year's Eve so this week when you venture out to ring in the new year, be extra careful on the roadways. If you plan to drink, be safe and don't risk a Fort Myers car accident by driving home under the influence.

Last year, the Fatality Analysis Reporting System used by the National Highway Traffic Safety Administration reported 17 fatalities in Florida on New Year's Eve and Day when at least one driver tested positive for blood alcohol content (BAC) of .08 or higher. Nationally, there were 156 fatalities reported on these two days when the BAC was over the legal limit.

Florida, ranked third behind California and Texas for the most fatal drunk driving accident. The state reported almost half of the fatalities with a BAC of .20 or higher which is well over the legal limit.

It is probably a good time to point out the consequences of driving under the influence in Florida. Mothers Against Drunk Driving, reminds motorists that anyone convicted of vehicular homicide as the result of a drunk driving accident can be imprisoned for up to 15 years as well as fined up to $10,000.

A first- time DUI offense is punishable by fines of up to $2,000, mandatory 50 hours of community service, probation, up to a year in jail, alcohol treatment and the loss of your driver's license.

The News-Press is reporting that law enforcement in Lee and Collier County, including the Fort Myers police department and the Cape Coral police department, will be utilizing additional personnel and conducting saturation patrols and sobriety checkpoints.

This time of year law enforcement officials tend to crack down on drunk driving more than the norm because the risk is so high for fatal accidents to occur. Florida drivers when pulled over for suspicion of drunk driving, deny the request for a breathalyzer test 40% of the time. The NHTSA proposes a solution that can counteract this behavior.

Florida is among a few states that will have a "No Refusal" plan in place in which police officers will have the opportunity to get an expedited warrant for a blood test by a pre-determined available judge when a driver is suspected to be under the influence and refuses to take the test. Over 10,000 people were killed last year in accidents where at least one driver was driving under the influence. The hope is to reduce this number drastically by keeping DUI offenders and repeat offenders off the roadways.

Continue reading " MADD reminding motorists of penalty for DUI accidents in Fort Myers " »

A recent motorcycle accident in Fort Myers left a Cape Coral cyclist severely injured and in the hospital. Officers with the Fort Myers Police Department responded to the accident, which involved the motorcycle and a small passenger car on Cleveland Avenue. The motorcycle was heading south when a small Toyota, heading north, attempted to make a left-hand turn and drove into the path of the biker. After the collision, the motorcyclist was taken to Lee Memorial Hospital. The driver and the passenger of the car were injured as well and also taken to the hospital, according to the North Fort Myers Neighbor. Authorities report the motorcyclist was wearing a helmet.

Our Fort Myers motorcycle accident lawyers understand that motorcycling is a year-round activity here in Southwest Florida. Unfortunately, so are accidents. We're in the heart of the winter season, and while bikers across the country have hung up their bike keys for snow shovels, riders in Florida are still cruising the open road in the beautiful Florida warmth. We are asking all motorists to be cautious of our two-wheeled friends on the road. Thousands of tourists and snowbirds are already arriving in Florida, traveling to the beaches, shopping malls and other destinations. Please be cautious and alert for the safety of all motorists on our roadways during this time.

As we recently reported, the overall traffic fatality numbers for the U.S. have shown a decrease in the last year. The new statistic also serves as the lowest number since 1949, but the truth of the matter is that during this time the number of motorcycle accident fatalities experienced a significant increase.

Motorcycle Tips from NBC2:

-Because there are so many more cars and trucks than motorcycles, many drivers don't even recognize motorbikes as actual vehicles. Remember to treat a motorcyclist with the same courtesy as you would any other driver.

-Motorcycles may look like they're much farther away than they actually are. This is because they appear to be so small. When looking for oncoming traffic, always assume that a motorcycle is closer than it appears.

-A lot of drivers have difficulty seeing them because of their small size as they get lost in vehicle's blind spots easily. Make sure you take that extra second to check for a motorcycle traveling around you before making a turn, pulling out into traffic or switching lanes.

-Never tailgate a motorcycle. Many of these drivers will slow their bike down by downshifting, which doesn't activate brake lights, instead of hitting the brakes.

-Remember that blinkers on motorcycles aren't self-canceling like the ones are on passenger vehicles. Be aware of a motorcyclist's intentions.

We would also like to remind riders in the area of Cape Coral Bike Night. This is an event in which the City of Cape Coral Parks and Recreation hosts a biker event to draw in motorcycle enthusiasts from the area. Associates and Bruce L. Scheiner, Attorneys for the Injured, is a proud sponsor of the event and invite you to join us at the next events:

-February 11th 2011, from 5 to 10 p.m.

-April 14th 2011, from 5 to 10 p.m.

Continue reading " Motorcyclist Injured in Fort Myers Accident: Motorist Caution Requested through Holiday Season " »