Florida Injury Lawyer Blog

It’s prime boating season in Florida and its no wonder - the weather is perfect. Most of the boating accidents that happen in our state occur during the months of March, April and May when residents and tourists are enjoying our coastline and inland waters.

While cruising in a motorboat is a great recreational activity, it’s not without hazards. Did you know that the state of Florida was first in the nation for boating accidents in 2008? The US Coast Guard’s report on recreational boating shows that Florida had 616 reported accidents causing over $22.7 million in property damage during 2008 alone. In Southwest Florida’s three counties, Collier county ranked number 6 in the state for the highest number of accidents, Lee county ranked 9th and Charlotte county ranked 19th. Most of these accidents happened in broad daylight during afternoon hours and were caused most often by operator inattention to surroundings and other vessels.

So what can you do to be safer in the water?
First and foremost, be aware of your surroundings and attentive to vessels nearby, both moving and anchored. Realize that when the engine is off, a boat will drift with the current and could move into a potentially dangerous situation.

Operate the boat properly with all passengers seated and cruising at or below posted speeds. Review and have on hand the safety equipment required by the U.S. Coast Guard including:
• Life jackets in the proper size for every passenger
• Navigation lights
• Fire extinguisher
• Ventilation system
• Backfire flame control device
• Muffler
• Distress signals
• Sound devices
• Diver down flag if diving from the vessel
• Operable marine sanitation device if a toilet is installed
• State registration numbers

Larger vessels will have additional requirements. Check with the U.S. Coast Guard regarding requirements for your boat.

Boat sober. Boating under the influence (BUI) is against the law. “While our many miles of wide-open, sparkling local waters may lull boaters into the belief that nothing can go wrong, the fastest way to end a beautiful day on the water is to operate your vessel under the influence of alcohol,” says P.J. Scheiner, attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. In fact, the US Coast Guard reported that Florida was second only to California for the highest number of boating accidents, boating injuries and boating fatalities caused by alcohol use in 2008.

The Florida Fish and Wildlife Conservation Commission website states, “A vessel operator suspected of boating under the influence must submit to a sobriety test and physical or chemical test to determine blood- or breath-alcohol content.”

Even though it’s only required of operators under age 21, boating safety classes are a good idea for all operators on the water. The safety course will teach the operator about navigation using charts, markers and buoys; programming and using a GPS device; required safety equipment; and recognizing different weather conditions. Boating safety courses are offered by the US Coast Guard Auxiliary and the US Power Squadron. The Power Squadron also offers free, confidential safety inspections of recreational boats to make sure your equipment is in proper working order. There are eight different Power Squadron branches throughout Southwest Florida, visit www.usps.org for a list. Keep in mind that law enforcement can stop any vessel for the purpose of checking compliance with safety and equipment regulations. Knowing what’s required can keep you on the water and having fun.

Safety at Sea Can Prevent a Serious Accident

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

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

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

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

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

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

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

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

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

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

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

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

This weekend is Labor Day weekend. Be careful!

With ready access to so many bodies of navigable water in and around Southwest Florida, it comes as no surprise that accidents involving personal watercraft are common. Sometimes referred to as “jet skis” or “water bikes”, these forms of aquatic transportation are plentiful on our area waterways, and their capability for speed can make an unsafe operator and those around him prime candidates for a serious injury.

In 2001, there were 309 PWC accidents in Florida. Of those, 121 were caused by the careless or reckless driving of the vessel’s operator.

Florida personal injury lawyers remind you that not only are owners of PWC at risk for a serious accident, but Florida is home to many rental outlets which rent the powerful vessels to vacationers who may have never operated one in their lives. To that end, the Florida Fish & Wildlife Commission has published their JetSmart Handbook, a valuable resource filled with operational safety information developed to make PWC use a safe recreational activity. The main section relating to PWC Rentals states:

“A person must be at least 18 years old to rent a PWC in Florida. A rental facility shall not rent any vessel that does not have proper safety equipment on board, exceeds the recommended engine horsepower or load capacity (as stated on the capacity plate), or is not seaworthy. The facility must provide pre-rental or pre-ride instruction on the safe operation of the vessel if it has a motor of 10 horsepower or more. All renters are required by law to have a boater education ID card, must have the card or its equivalent in their possession and display it before the facility may rent to them. PWC rental agents must provide an on-the-water demonstration and a check ride to evaluate the proficiency of renters. All liveries must display boating safety information in a place visible to the renting public. PWC rentals must display safety information on the proper operation of a PWC. The information must include: propulsion, steering and stopping characteristics of jet pump vessels, the location and content of warning labels, and how to properly re-board a PWC. This instruction also must include the applicable Navigational Rules to PWC operation, problems with visibility and being seen by other boaters, reckless operation, noise, nuisance, and environmental concerns while operating the PWC on Florida waters”.

“Florida is a great place to enjoy a multitude of water sports, and boating is by far the most popular”, says attorney PJ Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers. “Personal watercraft safety is a serious concern. It is the responsibility of those who rent watercraft to the novice operator to insure the watercraft is used in a lawful manner. This would help prevent what could be a serious accident on the water."

If you or a loved one is injured, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers. Focused on justice since 1971.

Florida boating accident lawyers and personal injury and wrongful death attorneys remind boaters that increased law enforcement presence on the water this summer is aimed at reducing traffic boating accidents.

The Collier County Sheriff's Office is stepping up enforcement along the Naples shoreline -- reminding boaters that most accidents are caused by boat operators, whether your boat or another boat on the water.

Carelessness, inattention, navigation-rule violations, poor choices during bad weather, inexperience and alcohol consumption can all lead to tragedy on the water.

As the summer season kicks into gear, safety advocates remind boaters that being out on the water can be fun, but it can also be dangerous.

The Collier County Sheriff's Office Marine Unit offers the following tips:

-Take a safety course offered through the U.S. Power Squadron and the U.S. Coast Guard Auxillary.

-Wear a life jacket.

-Don't operate a vessel under the influence of drugs or alcohol.

-File a float plan with a loved one or close friend so they know where you are going and when to expect your return.

-Take a fully charged cell phone.

Here are some other important safety facts to keep in mind:

Continue reading "Florida boating accident lawyers remind Florida boaters of increase summer enforcement aimed at reducing boating accidents" »

As Southwest Florida boating season begins in earnest with the upcoming Memorial Day weekend, Florida injury lawyers urge safe boating practices to avoid boating accidents.

Lee County kicked off National Safe Boating Week with a demonstration of safety gear on Thursday at Centennial Park in downtown Fort Myers.

Florida leads the nation in registered boats. And Lee County's 50,464 registered boaters rank it fourth in the state for the number of boats on the water. But the county's 30 percent decrease in accidents last year has area officials optimistic.

"We were blessed last year that we had a low year in the number of boating accidents but we should not get complacent," Florida Fish and Wildlife Conservation Commission Capt. Denis Grealish told The News-Press. "We still have a very active and busy boating county with 50,000-plus registered motorboats and 230 square miles of inside coastal waters."

Besides Grealish's FWC law enforcement unit, Lee waters are patrolled by the U.S. Coast Guard; the U.S. Fish & Wildlife Service; the Florida Department of Environmental Protection; the Lee County Sheriff's Office; the Fort Myers, Cape Coral and Sanibel police departments; and the Army Corps of Engineers at the W.P. Franklin Lock on the Caloosahatchee.

"I really have to credit the reduction to the boaters of Lee County, for exercising good safe boating practices, as well as to our Lee County Marine Law Enforcement Task Force," Grealish said.

According to the U.S. Coast Guard's 2007 statistics, 5,191 accidents caused 3,673 injuries and claimed 685 lives. Property damage was estimated at $53 million.

If you are boating on the water, the operator of your vessel has an obligation to boat responsibly, provide occupants with life vests and follow the rules of the water. And other vessels have an obligation to boat responsibly so that everyone may enjoy their time on the water.

Coast guard statistics show:
* 90 percent of drowning victims were not wearing life jackets.
* Alcohol was the leading contributor in one-fifth of all boating fatalities.
* Only 14 percent of boating fatalities occurred on boats where the operator had received boating safety instructions.
* The most reported type of accident is collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and account for the majority (60 percent) of boating deaths.
* Operator inattention, careless/reckless operations, excessive speed and passenger/skier behavior are the leading contributors to accidents.

Boat responsibly. Wear a life jacket. Never boat under the influence. Take a boating safety course and get a free vessel check.

Continue reading "Florida boat accidents decline, Florida injury lawyers urge safety review during National Safe Boating Week" »

The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you'll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.

Continue reading "Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida" »