Florida Injury Lawyer Blog

The month of March sees more fatal car accidents than any other month of the year according to a 5-year study analyzing Traffic Statistic Reports conducted by the Florida Department of Highway Safety and Motor Vehicles.

A great deal of these accidents involved spring break vacationers or tourists here during the month of March, which has historically been South Florida's busiest month. Fort Myers personal injury attorneys would like to remind locals and visitors to think twice before driving under the influence during your spring vacation. The stiff Florida penalties for intoxicated driving means you will face jail time, stiff fines and the loss of your driver's license -- in the best case scenario. What's worse, is you could cause a serious or fatal accident that changes your life forever.

Florida DMV notes basic penalties for a first conviction DUI include fines, probation, community service, jail time, license revocation, license reinstatement, skyrocketing insurance premiums, monitoring and DUI school. The state encourages motorists to avoid drinking and driving this spring and avoid turning your spring break into "spring broke."

In 2008, there were 55,278 people arrested for drunk driving in the state of Florida alone and more than 1,000 drunk driving accidents resulted in fatalities. The strict DUI laws are a direct result of these rates.

Drivers that are under the age of 21 that are caught with a Blood Alcohol Content of .02 or higher will have their license administratively suspended for six months among other consequences.

"The Florida Highway Patrol (FHP) isn’t against having a good time. We just want spring breakers to celebrate safely so that no one has to go home in a body bag,” said Captain Mark Welch. “FHP does not tolerate impaired driving, so drive sober and drive safe.”

The Florida Department of Highway Safety and Motor Vehicles would like to offer you this poster, available for download, to remind spring breakers about costs and serious consequences of a DUI.

Continue reading " Spring Break, High Season, Causes Increased Rate of Drunk Driving Accidents " »

The American Academy of Pediatrics (AAP) now recommends that children ride in rear-facing car seats until the age of 2 and remain in a booster seat until 8-years-old. Consumers are no longer urged to shop for car seats according to the child's age.

Fort Myers personal injury lawyers encourage you to follow the new safety recommendations set out by the AAP to best protect your child in a potentially fatal accident. The change in car seat policy comes after research from the AAP which revealed that 75 percent of children under the age of 2 riding in forward-facing car seats are likely to be killed or fatally injured in a car accident.

Although all car seats sold throughout the United States meet federal child restraint safety standards, it is up to parents to choose the best seat for their child. "Selecting the right seat for your child can be a challenge for many parents. National Highway Traffic Safety Administration's new revised guidelines will help consumers pick the appropriate seat for their child," says David Strickland, Administrator of the NHTSA.

Nearly 1,500 children under 16 will die in car crashes every year -- car accidents are the leading cause of death in children over the age of 4. It's not uncommon for children to remain in car seats until the age of 4 in other countries.

According to National Highway Safety Transportation Safety Administration, "The rear-facing position reduces stresses to the neck and spinal cord and is particularly important for growing babies."

The design allows for the force of the collision to be distributed throughout the entire body.

There are typically three styles of rear-facing car seats available to help prevent serious injury to your child in a car accident: infant-only, convertible seats and 3-in-1 seats. The NHTSA recommends you make sure to choose the right car seat for your vehicle and your child, always read manufacturers' manuals and keep all children under 13 in the backseat -- children riding in rear-facing car seats should never ride in front of an active passenger air bag.

Continue reading " Proper Car Seats Vital to Protecting Children in Fort Myers Car Accidents " »

Lee and Colliers Counties welcomed more than 7 million visitors last year. The substantial number of tourists on Southwest Florida roads surely caused an increase in Fort Myers car accidents.

Tourists may soon be able to keep their attention on the road with the help of AAA's safe driving feature, allowing drivers to navigate their trips through the safest roads possible. These safe routes have been determined through years of analyzing data of serious injuries and traffic deaths, as Top Tech News reports. Eight states, including Florida, are currently on board with AAA to launch this feature for their state. More states are expected to join.

Fort Myers personal injury attorneys encourage locals to be on the lookout for lost visitors and guests and to practice courteous driving etiquette when sharing the road with our visitors. The safety of everyone on the road relies on practicing safe driving habits.

The Florida Department of Motor Vehicles offers you these tips for sharing the roads with drivers in unfamiliar territory:

-Do not tailgate other drivers. Regardless of where they're from it is important to give yourself the two-second rule. Allow yourself time to respond to another driver's any move.

-Don't drink and drive. An unfamiliar driver and an intoxicated driver create a double-edged sword on the road, increasing the chance for an accident for everyone.

-Stay focused. The more alert you are the more apt you are to respond to sudden or unexpected movements.

-Don't be an aggressive driver. Be sympathetic to the situations of others on the road. Aggressive driving only heightens the possibility of a serious car accident.

Continue reading " AAA to Launch New Application Routing Safest Roads, Could Reduce Fort Myers Car Accidents " »

The Fort Myers personal injury lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured wish each of you a safe and enjoyable spring break; please stay safe, don't drink and drive, and celebrate responsibly.

According to the Lee County Sheriff's Office, 31 categories of statistics are kept for spring break arrest records, including underage drinking, open-container offenses, battery charges and thefts. Accident attorneys in Fort Myers and Cape Coral would like to remind you of one of the deadliest spring break risks -- Fort Myers drunk driving accidents.

The Florida Department of Highway and Safety Vehicles would like you to keep in mind that the state of Florida witnessed more drunk driving accidents in the month of March, spring break, than any other month during the last 5 years.

The National Highway Traffic Safety Administration reports someone is killed in a drunk driving accident every 45 minutes.

Southwest Florida has the luxury of offering many attractions for spring breakers to check out during their stay: Fort Myers Beach, Downtown Fort Myers, The Mercato in Naples, Seminole Casino of Immokalee and Gulf Coast Town Center.

Tips Southwest Florida spring breakers should keep in mind to avoid drunk driving accidents include:

-Don't be afraid to hide the keys from someone who has been drinking. If you know they are planning on driving home, do your part to help keep them and other drivers safe.

-Always go out with a plan. Make sure you have a designated driver, someone who drinks nothing at all, when heading out this spring break.

-Find another way home. If needed, call a taxi, take the bus or get a hotel room.

-Know how to spot a drunk driver. Call 911 if you spot a vehicle that is swerving, brakes erratically, drives on the wrong side of the road or is not abiding by posted speed limits.

Drunk driving can not only cause serious injuries to everyone on the road, but can prove to be a costly recovery process.

Other common dangers faced by spring breakers include premise liability accidents. Hotels, clubs, restaurants and other businesses have an obligation to provide a safe and secure environment for customers and invited guests. Wet floors, loose railings, faulty escalators or elevators and other risks can result in a serious or fatal injury. In each case, a personal injury lawyer in Fort Myers should be consulted to help protect your rights and the future financial well-being of you and your family.

Continue reading " Southwest Florida Spring Break Spot Fears for Fort Myers Drunk Driving Accidents " »

AAA is offering free rides for those who have too much to drink in an effort to help prevent Fort Myers drunk driving accidents as Southwest Florida kicks off a four-day weekend with St. Patrick's Day.

WINK News reports AAA South's Tow to Go program has removed 13,500 drunk drivers from the road since 1998. The program is available from Thursday March 17 to Sunday March 20. Those looking for a ride can call 1-800-AAA-Help and they will be picked up no questions asked.

"No one should have to take unnecessary risks after drinking alcohol, especially since there are so many options for a safe ride home," said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South.

The Fort Myers personal injury lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, have spent four decades fighting for the rights of victims who have been injured or killed in drunk driving accidents. Recently, Bruce and Cheryl Scheiner were personally recognized with a HERO of the Year award by Mothers Against Drunk Driving for their support of drunk driving enforcement. Corporal Lenny Gould was also recognized for making more than 1,000 DUI arrests during his career.

The Lee County Sheriff's Office is also planning a sobriety checkpoint for Friday night. The checkpoints aim to remove impaired drivers from the road, heighten awareness and educate the public on the dangers of drunk driving.

Authorities are concerned St. Patrick's Day falling on a Thursday could lead to a long four--day weekend of dangerous roads. The National Highway Traffic Safety Administration reports drunk drivers are involved in more than one-third of all fatal accidents in Florida -- killing 904 motorists in 2009.

St. Patrick's Day has become one of the most popular secular holidays in the United States. It is among the biggest days of the year for beer consumption and is one of the busiest nights for restaurants and bars.

Each member of our staff wishes you a safe and enjoyable St. Patrick's Day weekend. Please celebrate responsibly, designate a driver and don't drink and drive.

Continue reading " St. Patrick's Day Brings Weekend Risk of Drunk Driving Accidents in Fort Myers, Cape Coral " »

The U.S. Food and Drug Administration is increasing warnings about Topamax, an anti-seizure and migraine medication, amid reports of birth defects, according to a report in the Wall Street Journal.

Florida attorneys handling Topamax complaints continue to see data suggesting a high risk of cleft palates and cleft lips in infants whose mothers were prescribed the drug during or even before pregnancy.

The drug, which is topiramate, is sold by Johnson & Johnson under the brand name Topamax but is also available in a generic. Research suggest it may prevent the lip or palate of a newborn infant from fusing properly during the first trimester. It is not Johnson & Johnson's only high-profile issue involving defective medical products -- the company has also been forced to recall its DePuy hip replacement system after health officials in the U.K cited a high failure rate and metal shavings in the blood.

Unfortunately, Topamax is the latest black eye for the FDA, which has come under increasing fire for permitting dangerous drugs or defective medical devices to make it to market. The government watchdog relies upon the research of drug makers, which stand to make billions, in approving a new medicine for sale. Many of the human trials are being conducted in third-world countries, far from the prying eyes of regulators. And even when the agency has information that a medicine is likely dangerous, it has been accused of failing to act to protect the public -- the risks of Avandia, a popular diabetes drug, were known for years before the government finally got serious with restrictions late last year.

Florida Topamax lawyers in Fort Myers and throughout the state understand the risks and can assist families dealing with a birth defect as a result of dangerous or defective pharmaceuticals or instances of medical malpractice.

In this case, topiramate is approved to treat seizures and epilepsy. It is also used in the weight-loss drug Qnexa, which was rejected last year by the FDA over concerns about birth defects.

The North American Antiepileptic Drug Pregnancy Registry found problems in 1.4 percent of infants exposed to topiramate during the first trimester -- or about 1 of every 65 infants. Those findings confirm data being reported by officials in the United Kingdom.

The drug's risks had previously been placed in Category C (meaning no human data available). But it is now being elevated to Category D, meaning evidence of fetal risk is present but the benefits may still outweigh the risks in certain situations.

Johnson & Johnson made $2.7 billion on the drug before losing patent protection in 2008. Generics are now available, however the company still made $538 million last year. The company pleaded guilty last year to promoting the drug for unapproved uses and paid an $81.5 million fine.

Continue reading " Pregnant mothers in Florida warned of Topamax's risk of birth defects " »

Lawmakers are proposing new restrictions, which could reduce the risk of serious or fatal watercraft accidents involving residents and tourists alike. In an effort to reduce the number of Fort Myers watercraft accidents, legislators are trying to change minimum age requirements, as well as the penalties for criminal behavior in water sport activities.

Our Cape Coral personal injury lawyers understand the dangers involved in operating water sport machines like jet skis or small motor boats.

The News-Press recently reported about the proposed bills in the upcoming legislative session. Bill 370 is proposing the minimum age to operate a personal watercraft be raised from 14 to age 16. It would also require anyone born on or after January 1, 1988 to have completed a boating safety course and acquire a boating safety ID card in order to operate a watercraft such as a Jet Ski or a WaveRunner.

The bill's proposal follows the death of a young boy who crashed into a dock while operating a personal watercraft.

The Florida Fish and Wildlife Conservation Commission reported 149 injuries and 7 deaths in Florida in 2008 as a result of personal watercraft accidents. In 2009, there were a total of 143 watercraft accidents which resulted in 152 injuries and one fatality in the state.

Lee County reported no fatalities during these two years but did have 10 injuries sustained in 15 watercraft crashes. Collier County reported 11 crashes totaling 13 injuries but no fatalities during the same time period.

The other proposal, Bill 512, would eliminate criminal misdemeanor penalties for violating navigation rules which don't involve reckless operation but result in an accident. The new bill would impose fines for navigation incidents that cause accidents that do not involve carelessness or alcohol involvement. The fine would be up to $500 for first offense, up to $750 for a second offense, and $1,000 for all other offenses.

The new age law would not restrict tourists from participating in watercraft activities. If a renter does not have the boating safety ID card they can take the course onsite for $3 and still boat the same day.

Water activities can be loads of fun but operators are reminded of the dangers that could ensue. If you have been the victim in a watercraft accident, seek legal advice immediately to discuss your rights.

Continue reading " Lawmakers take aim at Fort Myers watercraft accidents, jet ski accident elsewhere in Florida " »

Hit and run accidents are likely becoming more frequent in Florida due to the number of uninsured motorists involved in Fort Myers car accidents and elsewhere.

Our Cape Coral personal injury attorneys have been called to deal with an increasing number of serious accidents in which the victim had little or no insurance. The economic downturn is primarily to blame, although legislation that has decriminalized habitual traffic offenses has not helped matters any.

Florida Today recently reported about a motorcycle victim who was struck by a habitual offender, who was driving with a suspended license.

The victim and his wife were hit by an SUV that was making a left turn. The motorcyclists' leg was mangled and he sustained severe internal injuries, which left him in a coma for two months. His wife riding on the back of the bike was killed instantly. Ironically, the SUV driver had just been released 5 days earlier when his case was dismissed on charges that didn't stick because the police officer had improbable cause to pull him over as a habitual traffic offender.

The fatal accident was one of many that transpired last year when the at-fault driver was driving with an invalid driver's license. It is debatable whether the struggling economy or the change in law back in 2008 is more to blame for motorists who continually drive with a suspended license. In July of that year, habitual offenders stopped being charged with a felony for driving with a suspended license. The only exception is if the driver causes the death of another and is found negligent in causing that death.

In other words, they now have to kill someone before the criminal justice system is going to get serious about keeping them off the road. It should be noted that drivers are only considered habitual traffic offenders once they have at least four major traffic convictions.

Drivers with suspended licenses typically have either failed to pay a traffic fine, child support, or their insurance premiums. Or they have been convicted of drunk driving or other serious traffic infractions.

The law was changed in 2008 to keep offenders out of prison for reasons deemed as unnecessary. Knowing that they will no longer go to jail makes Florida motorists less concerned about driving with a suspended license.

The lax attitude brings an even bigger problem to the table: Victims who incur severe damages in crashes with unlicensed and uninsured drivers. Covering damages to property or medical expenses can drain bank accounts quickly. But if motorists who cause crashes and are driving without insurance aren't held accountable, it can cause even more stress for victims. In an effort to protect themselves, victims should know their rights and contact legal assistance right away if they or someone they love has been in an accident.

Continue reading " Uninsured motorists, habitual offenders, a common cause of Fort Myers car accidents " »

Cape Coral car accidents involving distracted drivers are an ongoing risk -- particularly during the busy winter tourism season. And no drivers are at greater risk of being distracted than our teenagers.

Last October, a student organization at University of Central Florida launched a "Put Down Ur Cell Fone" campaign on campus to increase awareness of the dangers of distracted driving to the student body. UCF Today reported that UCF's Student Government Association invited several guests speakers (which included local officials, professional athletes, and a representative from Florida Department of Transportation) on campus to speak about the dangers of driving while texting.

The student organization also asked students to sign a petition against talking or texting on a cell phone while driving.

Our Fort Myers personal injury lawyers applaud the student group, which recently received a National Safety Council award for the effort. An article in the Orlando Sentinel reported the UCF SGA received the Law Enforcement Traffic Safety Award for the "Put Down Ur Cell Fone" campaign.

As the only student group represented at the NSC's annual awards banquet, they are commended for winning the award over some of Florida's largest companies like Disney, Boeing Corporation, and Progress Energy.

This award speaks volumes to the fact that students are paying attention to the dangers. Young drivers ages 20 and under are most at risk when it comes to distracted driving accidents. According to National Highway Traffic Safety Administration, this age group has the greatest proportion of distracted drivers involved in fatal crashes. There were 5,474 fatalities and 448,000 injuries in 2009 as a result of a motor vehicle crashes that reported distraction as a cause for the accident.

Over 1,000 students at UCF signed the petition to become more responsible drivers last October. If students at universities throughout the nation were to make this kind of pledge, the number of fatalities would decrease and U.S. roadways would become safer by the minute.

Though texting and talking on a cell phone while driving is still currently legal in Florida, students are encouraged to put the phone down to minimize the risk of injury to themselves and other motorists. Texting and talking bills have been proposed several times but still await passage at the Statehouse.

Continue reading " UCF wins award for warning young drivers of dangers of Florida car accidents " »