Viewers will likely see a blitz of "Over the Limit. Under Arrest" television commercials this week and next. And motorists will see increased enforcement through the Labor Day weekend as authorities aim to reduce the threat of drunk driving accidents in Fort Myers and the surrounding area.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said FHP Director, Colonel John Czernis. “Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest.”

For four decades, our Fort Myers accident attorneys have built a reputation for providing compassionate and aggressive representation to families dealing with the serious injury or death of a loved one in a drunk driving crash. Through our work with law enforcement at sobriety checkpoints and our support for Mothers Against Drunk Driving, Mobile Eyes and other safety efforts, we remain dedicated to fighting for the rights of clients whose lives have been changed by the senseless acts of a driver who has climbed behind the wheel after having too much to drink.

Mobile Eyes is a joint effort that includes MADD, the Lee County Sheriff's Office and Associates and Bruce L. Scheiner, Attorneys for the Injured. Any 911 caller who reports a drunk driver and acknowledges the Mobile Eyes campaign may be eligible for a $50 reward if the driver is stopped and arrested for DUI.

The National Highway Traffic Safety Administration reports that one-third of the nation's traffic fatalities involve a drunk driver -- resulting in the death of 11,773 motorists in 2008. Drunk drivers are responsible for 40 percent of fatal Florida car accidents -- accounting for 1,004 of 2,563 fatal accidents in 2009, according to the Florida Department of Highway Safety and Motor Vehicles.

The "Over the Limit. Under Arrest" campaign began Aug. 20 and runs through Sept. 6. The effort includes the Labor Day weekend, which starts Sept. 3 and has traditionally capped off the summer travel season. The Florida Highway Patrol will also be participating in Operation C.A.R.E. (Combined Accident Reduction Effort) during the holiday weekend, in conjunction with the state patrol organizations in all 50 states.

The patrol is also reminding motorists to buckle up -- primary seat belt enforcement will permit officers to stop motorists solely for committing a seat belt violation. Drivers also should remain alert for law enforcement along the roadside and must move over or slow down for stopped emergency vehicles with flashing lights.

Dogs might be man's best friend, but there is clear and convincing evidence that they are not a driver's best friend.

About two-thirds of dog owners surveyed by AAA said they routinely play with their dog while driving -- some go so far as to feed or water their pet while maneuvering through traffic. Our Fort Myers injury lawyers continue to report on the dangers of distracted driving, which is a leading cause of Fort Myers and Cape Coral car accidents.

The increasing popularity of dogs -- and particularly smaller lap dogs -- could be contributing to the dangers. The Humane Society of the United States reports there are 77.5 million dogs in the United States, or one dog for every four people. Dogs are in nearly half of U.S. households. A report by the Chicago Tribune suggests that more owners are keeping small dogs in their laps while driving and are allowing bigger dogs to roam free inside the vehicle.

"As about 40 percent of Americans own dogs, we see this as an increasingly big problem,'' said Beth Mosher, spokeswoman for AAA of Illinois, Indiana and Wisconsin.

An 80-pound dog exerts more than a ton of force in a 30 mph crash, creating an extreme hazard for anyone in its path. Dogs also often become territorial inside a wrecked vehicle, becoming protective of the owners and hindering the ability of emergency responders to provide medical attention. In some cases, law enforcement has been forced to shoot a dog so that rescue workers could assist an injured motorist.

More than 6,000 people are killed and 500,000 are injured each year in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration. Other common forms of driving distraction include talking on the cell phone, eating, drinking, smoking, grooming, using in-car electronics or talking to passengers.

The survey of dog owners found that more than half have pet their dog while driving, 21 percent have held the dog in their lap, 7 percent have fed or watered their dog in the car and 5 percent have played with their dog while driving. Eighty percent of dog owners said they have taken their dog on car trips but only 17 percent said they have used a pet-restraint system.

Young drivers are being asked to prepare and submit public service announcements about the dangers of text messaging and using a cell phone while driving. Authorities hope the messages by teenagers for teenagers will help reduce the dangers of distracted driving. As we continue to report, teenagers are at increased risk of car accidents in Cape Coral and Fort Myers.

The winning announcement will debut at National Two-Second Turnoff Day on Sept. 17 and will be featured at the U.S. Department of Transportation's second annual Distracted Driving Summit on Sept. 21 in Washington, D.C. The Two-Second Turnoff Day encourages teenagers to take two seconds to shut off their cell phones before getting behind the wheel -- about the same amount of time it takes a distracted driver to cause a serious or fatal accident.

As our Fort Myers accident attorneys recently reported on our Florida Injury Lawyer Blog, the Sunshine State is one of the few that does not have a law preventing teenagers from text messaging or using a cell phone while driving.

Car accidents are the leading cause of death for young drivers ages 15 to 20, according to the National Highway Traffic Safety Administration. Nationwide, an estimated 6,000 motorists are killed and 500,000 are injured in distracted driving accidents each year. Only speeding and drunk driving are responsible for more crashes.

Those interested in entering the contest can do so by clicking here.

“One in four teen drivers say they’ve texted behind the wheel, and that’s a trend we’ve got to confront head on,” said U.S. Transportation Secretary Ray LaHood. “This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road – and off their phones.”

Taking your eyes off the road for just two seconds, doubles your risk for a crash, according to the AAA Foundation for Traffic Safety.

“AAA is pleased to partner with the Department of Transportation and Seventeen magazine in a unique viral campaign that is certain to engage young people and encourage them to spread the word about how simple it is to prevent the dangerous practice of driving while distracted,” said AAA President and CEO Robert L. Darbelnet.

South Florida is likely to be on the front lines in dealing with the huge increase in the number of senior drivers as the Baby Boomers hit the road to retirement.

Our Fort Myers accident attorneys frequently report on the dangers faced by teenage drivers. But the Washington Post reports that drivers over the age of 75 are the most at-risk drivers on the road. And those same drivers are twice as likely to say they plan to drive into their 90s than drivers ages 65 to 74.

Meanwhile, the Insurance Institute for Highway Safety reports the percentage of those over the age of 70 who remain licensed to drive has increased from 73 percent to 78 percent in the last decade. Today's 30 million senior drivers are expected to be joined by 78 million Baby Boomers who will begin hitting their 70s over the course of the next decade.

Talking to older adults about driving safety "is happening all across the United States in families up and down the streets every day," said Elinor Ginzler, a senior vice president of AARP. "It's a huge issue."

In 2008, drivers over the age of 65 were involved in 5,569 fatal accidents and more than 183,000 older drivers were injured, according to the National Highway Traffic Safety Administration.

The issue is compounded by the fact that Americans are living longer than ever, though many are dealing with debilitating illnesses, including heart disease, stroke, Alzheimer's, diabetes and dementia.

"In the old days, or even 20 years ago, people just did not live long enough for this to be a problem," said Elin Schold-Davis, head of the American Occupational Therapy Association's Older Driver Initiative. "People are living with a level of impairment that is unprecedented."

The NHTSA offers a wealth of safe driving information for older adults and their families. Topics include:

-Screening and evaluation
-Medication and older drivers
-Adapting motor vehicles for older drivers
-How to understand and influence older drivers
-Driving safely while aging gracefully
-Family and friends concerned about an older driver
-Safe driving for older adults
-Driving transition education

The Fort Myers injury attorneys and staff at Associates & Bruce L. Scheiner, Attorneys for the Injured, urge parents to speak with their children about the dangers of distracted driving as teenagers begin returning to school this week.

Car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. And Florida ranked just "fair" by the Insurance Institute for Highway Safety when it comes to the training young drivers receive. Only 13 states did not earn the agency's top rating.

Regardless of the training a teen receives in the classroom, it is the involvement of parents who are willing to set clear rules that frequently makes the difference when it comes to keeping teens safe behind the wheel.

Florida is one of only a dozen states with no laws preventing teenagers from using cell phones or text messaging behind the wheel. A recent study published in USA Today found that the vast majority of teenagers understand the dangers of text messaging or using a cell phone while driving ... but they do it anyway. Nationwide, 6,000 people a year are killed by distracted driving and more than 500,000 are injured. Only speeding and drunk driving account for more fatal accidents on our roads.

U.S. Transportation Secretary Ray LaHood plans to increase the pressure on non-complying states like Florida during a national distracted driving summit planned for next month in Washington.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year,” said Secretary LaHood. “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”

And the Florida Sheriff's Association reports that between 25 and 30 percent of teenagers will be involved in an accident within 12 months of getting their driver's license.

Frequent causes of teen accidents in South Florida include:

-Text messaging, talking on the phone, eating, drinking, grooming, using in-car electronics and talking to passengers are all leading causes of teen car accidents.

-Studies show allowing a teen to ride with a passenger significantly increases the risk for an accident; in fact, the majority of teenagers killed in car accidents are riding with teen drivers.

-Teens driving at night are four-times more likely to be involved in a serious or fatal crash.

Comprehensive teen driving safety information is available here.

The New York Times recently reported the case of a mother who was shocked to learn her son racked up a $5,398 emergency room bill for a cut chin after slipping and falling in the bathroom.

Medical bills in the wake of a serious injury accident can be astronomical. Errors are quite common and the added stress placed on a family can be almost too much to bear. Our Cape Coral injury lawyers and Fort Myers accident attorneys understand what it takes to cut through the red-tape. And to help ensure that you are receiving the care you need and deserve.

At Associates and Bruce L. Scheiner, Personal Injury Lawyers, we have a department dedicated to assisting clients with medical bills and insurance paperwork. We also work with clients to assist them in getting the necessary follow-up medical care.

Medical billing is often needlessly complex and over-billing is common in the wake of a serious or fatal car accident -- we've all heard the stories of $40 aspirin and $1,000 crutches. Insurance companies frequently ask grieving families to sign unfamiliar documents or other paperwork that can impact their ability to collect damages. Complicating the whole process is the fact that insurance payments and medical bills frequently pass each other in the mail.

The law requires most hospitals to treat all emergency room patients the same, regardless of whether or not they have insurance. To compensate, hospitals set gross charges very high and then negotiate lower costs with insurance companies.

What this means to the patient is that nobody pays retail billing prices for hospital services -- A $3,000 bill may be satisfied with a $500 insurance payment. Such billing practices are just another reason that having an experienced law firm on your side is critical to protecting your rights and the financial well-being of you and your family in the wake of a serious or fatal accident.

“People don’t realize that the prices on the bill are just a starting point,” said Dr. Jesse M. Pines, an associate professor of emergency medicine and health policy at the Center for Health Care Quality at George Washington University. “Prices listed on the bill often don’t represent what the insurer or the patient will ultimately pay.”

Unpaid medical bills are frequently turned over for collection, often before a victim has recovered from his or her injuries and managed to return to work. By dealing with the doctors, hospitals and insurance companies, our staff can help ensure that you are treated with the dignity and respect you deserve.

Lawmakers ignored the wishes of motorists and safety advocates this summer in passing a law that permits some of the heaviest semis in the nation to roll down Florida highways.

Only Idaho, Maine, Washington and North Dakota permit heavier trucks. Nationwide, nearly every state limits the weight of a semi to 80,000 pounds. When Gov. Charlie Crist signed House Bill 1271 into law, he permitted Florida semis to add an additional 8,000 pounds to the maximum load.

Beginning July 1 semis are permitted to add the weight of two additional passenger cars to the average load, which already weighs as much as 20 passenger cars. And Florida's 70 mph speed limit for semis is already one of the highest in the nation. Is it any wonder that Florida is among the deadliest states in the nation for trucking accidents? The National Highway Traffic Safety Administration reports that 269 semis were involved in fatal Florida trucking accidents in 2008. Only California and Texas recorded a worse safety record.

Our Fort Myers accident attorneys are frequently called to represent motorists who have been injured or killed in accidents with semis or other large commercial vehicles. These trucks must obey specific safety regulations precisely because of the dangers they pose to the motoring public. Relaxing these standards is never a good idea, particularly in a state that already has one of the worst safety records in the nation.

Supporters of the change (trucking companies, naturally), claim it will make the system more efficient by reducing the number of trips required to deliver maximum roads. Reduced congestion, fuel consumption and emissions are also benefits.

Safety advocates argue more innocent motorists will be killed. Every year. Without a doubt.

Road Safe America, an organization that was founded by the parents of a child killed in a semi accident, reports that more wrecks are a certainty when 10 percent more weight is added without requiring additional axles, brakes or other controls.

"Floridians must ask themselves 'Who benefits from Governor Crist's raising the weight limit?'" declared Tom Hodgson, Executive Director of Road Safe America.

Semis already require about three-times more room to stop than a typical passenger car.

"The dangers of increasing tractor-trailer truck weights are well known - they are harder to stop, steer and more vulnerable to roll over during a crash," said Tom Guilmet, the Executive Director of the Florida Safety Council. "But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways."

A recent report in the Fort Myers News-Press revealed that Cape Coral has the third-highest rate of drunk driving accidents of any major city in Florida.

The news comes as the Florida Department of Highway Safety and Motor Vehicles releases accident data for 2009. The statistics show a record drop in the number of fatal car accidents, from 2,983 in 2008 to 2,563 in 2009. However, our Cape Coral car accident attorneys expect Florida to rank as one of the most dangerous states in the nation for all types of traffic accidents when the federal government releases statistics in the coming weeks.

Historically, Florida has joined California and Texas in reporting the highest number of car accidents, drunk driving accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, trucking accidents and boating accidents.

Drunk driving accidents are among the most tragic cases we handle. Too often, an innocent motorist, or an innocent family, is seriously injured or killed by the senseless act of a driver who climbed behind the wheel after having too much to drink.

The new statistics show that 109 Cape Coral drunk driving accidents were reported last year. Only Coral Springs and Palm Bay reported a higher rate of drunk driving accidents.

Cape Coral ranks 17th with a total of 1,062 crashes reported -- the only area city in the top 20. The number of Lee County car accidents blamed on drunk driving has declined in recent years, from 715 in 2007, to 685 in 2008 to 617 last year.

More than one-third of the state's fatal accidents are blamed on drunk driving, 1, 004 of 2,563.

Some smaller area cities have even higher rates of drunk driving accidents:

-Fort Myers: 7.3 percent

-Bonita Springs: 20.1 percent

-Fort Myers Beach: 36.96 percent

-Sanibel: 5.71 percent

-LaBelle: 27.08 percent

-Lehigh Acres: 16 percent

-North Fort Myers: 10.91 percent

-Punta Gorda: 12.17 percent

-Immokalee: 12.12 percent

Well as it turns out, plenty.

Curbing a Trend
Here at the Florida Injury Lawyer Blog we are committed to informing our community across Florida on all types of motor vehicle safety. So when we learned recently that a New York Times writer and his staff were awarded the 2010 Pulitzer Prize for their “incisive work, in print and online, on the hazardous use of cell phones, computers and other devices while operating cars and trucks” we thought our readers should know. The Pulitzer win also noted the impact this safety reporting has had on the driving public, "stimulating widespread efforts to curb distracted driving."

Data Counts
And where did the NYT reporters get some of their research data for this award-winning journalism? In part, from the researchers at the Virginia Tech Transportation Institute (VTTI) whom we suspect would be proud to be named "research geeks" -- not only because VTTI is responsible for gathering much of the data for a front-page story that was central to the Pulitzer Prize win, but because they too are largely responsible for providing the facts that have supported a growing national movement.

In a groundbreaking study last year, the VTTI gave the public a very big safety gift. They told us, using data with which we could not argue, that texting while driving can kill.

From DC to Hollywood
And as the Florida Injury Lawyer Blog has previously posted, this issue is front and center for so many Americans from Transportation Secretary Ray LaHood who heads our Department of Transportation, to Oprah Winfrey who heads up a vast media empire. Ms. Winfrey has teamed-up with the DOT on this issue and has created a major "No Phone Zone" campaign getting celebrities to sign the pledge publicly on camera. Together they fight distracted driving with the rest of us.

Motorcycle Safety, Naturally
So what does all of this have to do with motorcycle safety? Now the VTTI has taken on a new study, considered to be the first of its kind in the world, on motorcycle safety. In this new study, VTTI will apply the same research techniques they applied to the Pulitzer Prize-related research on trucker distraction while driving. It’s called “naturalistic” and it is very important to vehicle manufacturers and the driving public. It is also apparently important to journalists who win Pulitzer Prizes.

In our next post, we will tell you more about what the VTTI motorcycle safety study intends to do and who is partnering with them to get it done. Please stay tuned for more on motorcycle safety research.

Related Web Resources

For more information on motor cycle safety and related information, please visit flbikers.com.

Continue reading "Poetic Justice – What Do Motorcycle Safety, The New York Times and Vehicle Accident Research Geeks Have in Common? " »

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

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

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

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

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

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

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

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

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

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

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

• Driving privately owned vehicles
while on official Government business.

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

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

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

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

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

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

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

 

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

 

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

 

Lee County Traffic Deaths from 1994 to 2008

Fatal Accidents            1340

Total Deaths                        1464

Drinking                        25.3%

Speeding                        17.5%

No Seat Belts                        68.2%

 

Lee County Roads with Highest Death Counts from 1994-2008

Type of Road                        Name of Road                        Number of Deaths

INTERSTATE            I-75                                    164

US HIGHWAY            US-41                                    148

STATE HIGHWAY            SR-80                                    83

 

_________________________________________________________

 

Collier County Traffic Deaths from 1994 to 2008

Fatal Accidents            713

Total Deaths                        825

Drinking                        19.5%

Speeding                        16.4%

No Seat Belts                        65.9%

 

Collier County Roads with Highest Death Counts from 1994-2008

Type of Road                        Name of Road                        Number of Deaths

INTERSTATE            I-75                                    208

US HIGHWAY            US-41                                    112

COUNTY ROAD            CR-846                        53

 

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

 

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

 

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

 

 

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

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

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

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

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

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

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

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

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

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

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Older Tires Pose a Serious Safety Threat

When you buy a set of tires that are advertised as “new”, you expect that, at most, they may be a few months old. However, recent research and investigations have discovered that some retailers are selling so-called new tires that have been sitting in a store or warehouse for years – sometimes 7 years or longer. When a Ft. Myers woman on the staff of Associates and Bruce L. Scheiner, Personal Injury Lawyers went to have new tires installed just before Christmas, she found that the retailer installed two tires manufactured in 2009 and 2 tires manufactured in 2007. These were to be 4 matching tires. While this may not seem like an important detail, the alarming fact is that old tires can pose a real threat to those who use them.

Today, the Ft. Myers News-Press reported that Nicholas Contessa, 58 of Fort Myers, died while driving a 2000 Chevy Blazer southbound on I75 when his right rear tire blew out causing him to lose control of his SUV. The SUV went into the median, overturned and collided with a guardrail. He suffered head injuries and was pronounced dead at the scene. Although it has not yet been determined whether the tires were “new”, it does point out the need for consumers to be diligent when dealing with their tires and their safety.

An investigative report by ABC News revealed the story of a young man in Toronto who took the family van out with some of his friends. The young man’s father had recently purchased new tires for the vehicle, and had every reason to believe his son and his companions would be safe on the road. Sadly, a crash occurred when the tire’s tread separated from the tire while traveling on the highway. The son lost control of the van – and tragically, lost his life as well.

Law enforcement investigators on the scene found that there were no visible defects or abnormalities with the tire. Yet further investigation revealed that the tires, which the father had been told were new, were actually 4 years old. While this may not seem like an inordinate amount of time to keep a tire on the retailer’s inventory, laboratory tests have uncovered that old tires loose some of the elasticity after a certain amount of time, and the drying out of the rubber can cause the treat to simply fall off the tire.

The dangers of "aged" tires, while beginning to come more into public view, remains a little known problem outside of the industry, and one that could be the cause of a significant number of tread separation problems. "Aged" tires are often unsuspectingly put into service after having served as a spare, stored in garages or warehouses, or simply used on a vehicle that is infrequently driven. In many instances, these tires show no visible sign of deterioration, and absent any visible indicators, tires with adequate tread depth are likely to be put into service regardless of age. Physical and chemical properties of tires change over time, regardless of use. Studies show that tire performance can start to degrade after six years – even if tires haven’t been used. According to SRS, Inc. (Safety Research & Strategies) a Massachusetts-based auto-safety research firm, 108 accidents are linked to tread separation of tires more than six years old, which resulted in 85 deaths. The National Highway Traffic Safety Administration, (NHTSA), is conducting tests on new tires to determine their durability and developing future tests to simulate aging. The agency began requiring manufacturers to print the manufacture date on tires in September 2009. BMW, Ford Motor Co., DaimlerChrysler, Toyota Motor Corp. and Volkswagen have all backed guidelines that tires should only be in service six years.

In Florida, undercover television investigations found big-name retailers like Sears and Wal-Mart selling old tires as new. Currently, there are few if any laws mandating that manufactures or retailers stop selling the tires after they reach a certain age. However, there is some activity in this direction. According to SRS, Inc. of Massachusetts, one of the nation’s first laws to require tire dealers to disclose the age of each tire prior to sale or installation was passed in May, 2009, by the Assembly Business and Professions Committee by a vote of 6 to 4 in California.

The other problem is that while there are numbered codes on each tire to indicate the date it was made, the codes are difficult to find and even more confusing to figure out. The codes use numbers that indicate the week and year the tire came off the production line. For example, a tire made the 32nd week of 2001 would contain the code “3201”. This may be industry knowledge to those in the tire business, but consumers are not made aware of it.

“Tread separation has been a problem with tires for years,” says P.J. Scheiner, personal injury lawyer at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “The current manufacturing process calls for the tread and tire itself to be made as two separate pieces, and then the tread is adhered to the tire. But new information about the age of the tire and the added dangers of deterioration of the rubber can render a seemingly new tire with plenty of tread life into a ticking time bomb.”

Florida personal injury lawyers urge you to check your tires for the manufacture date, and be especially wary of using a spare tire that may have been in your trunk for a number of years. If you have suffered a serious injury involving tire tread separation, the vehicle safety law experts at Associates and Bruce L. Scheiner Personal Injury Lawyers have almost four decades of experience of fighting for justice for the victims of faulty tire manufacturing standards. To learn more, visit www.focusedonjustice.com or call 1-800-Dial-BLS.

If you’ve been responsible for causing three crash-related moving violations over a three-year period, be prepared to receive a costly education.

Beginning January 1st, state legislators and law enforcement agencies have started to enforce a new law that will cancel the driver’s licenses of those who have been convicted of three accident-related moving violation citations within a three-year span. In order to get their licenses back, the offender will have to successfully complete a 16-hour educational course, at the cost of $548.00.

If you’ve been cited for a crash-related violation within the past two years, the clock is already ticking – the new law goes back to offenses incurred since 2007. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period, but did not require any actual behind-the-wheel testing. The new law, to be administered by private driving schools, is designed with more stringent requirements, and failure to comply with and successfully pass the course will result in the continued suspension of your driving privileges. The 16-hour course must be completed within 90 days of notification, and includes 4 hours of behind-the-wheel driver evaluation.

“Between drunk driving crashes, people distracted by cell phones and other emerging technologies and those who are just reckless drivers, there are real dangers for every motorist on Southwest Florida roadways”, says local personal injury attorney
P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “This new crackdown will hopefully be a wake-up call to those who habitually cause crash-related motor vehicle accidents.”

The new law is intended to improve the habits of Florida’s worst drivers, according to the state’s Department of Safety and Motor Vehicles. "In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers." The National Highway Traffic Safety Administration estimates that a crash in the United States costs an average of $38,000. During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes. That figure includes drivers from nearly every age group.

According to department estimates, more than 1,000 Florida drivers may be subject to the new traffic safety requirements in 2010.

Associates and Bruce L. Scheiner Personal Injury Lawyers has been fighting for the rights of those injured or killed because of the negligent or careless actions of another driver for almost 4 decades. With 7 area offices and over 100 attorneys and support personnel throughout Southwest Florida, their expertise and aggressive representation could be instrumental in helping victims attain the compensation they deserve, and crash victims pay no fees unless the firm is successful on their behalf. To learn more about crash victims’ rights, visit www.focusedonjustice.com, or call 1-800-Dial-BLS.

Since the invention of the airbag restraint system in the 1970’s, it is true that it has saved the lives of people involved in car crashes. But, some people may not know that the safety feature found now in virtually all cars and passenger trucks can cause serious injuries under some circumstances.

The airbag is deployed in an explosion of a small cartridge that causes the bag to inflate in a fraction of a second. If the driver or passenger is too close to the airbag, or if it is not aimed correctly towards the sternum or chest area, serious injury or even death can occur. Even in event of emergency braking before the impact of a collision, an improperly or unrestrained vehicle occupant is thrown directly towards the airbag module, resulting in an increased risk of serious injury at implosion of the device. If you place an object on top of the passenger side dashboard, where airbags are generally stored, you’re creating a projectile that is thrown toward the occupant at incredible force.

The National Highway Traffic Safety Administration, (NHTSA), recommends drivers sit with at least 10 inches between the center of their breastbone and the center of the steering wheel. Children 12 and under should always ride properly restrained in a rear seat. Never put a rear-facing infant restraint in the front seat of a vehicle with a front passenger air bag. A rear-facing infant restraint places an infant's head close to the air bag module, which can cause severe head injuries or death if the air bag deploys.

Almost all air bag-related deaths have involved unrestrained or improperly restrained occupants. Only by using your lap and shoulder harness correctly can you ensure that a deploying airbag will work as it was intended. In some newer, more advanced vehicles, manufacturers have refined airbag restraint system sensors to deploy in relation to the severity of the crash impact, the seated posture of the car’s occupants, the distance of the occupant from the device and the usage of lap and shoulder belts. Some of today’s more sophisticated cars utilize sensors which can detect these variables, and automatically deploy the air bag in a less explosive, staged deployment, or not at all if the impact is not severe. Some vehicles now have side impact air bags, and some have been designed to reduce injury in a rollover accident. Side airbags are not required in vehicles, nor governed by the NHTSA.

“Having been involved in a serious rollover accident with my wife a few years ago, I know the importance of properly restraining yourself while behind the wheel,” says Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers. “While airbag systems have been shown to reduce serious injuries and fatalities in the event of a crash, there are certain conditions in which they can actually create an injury.”

The team of expert accident lawyers and support staff at the firm has decades of experience representing those who have been seriously injured in crashes. They urge you to buckle up, and to be sure you are driving a vehicle in which the airbag restraint system is correctly positioned in relationship to the proximity of the driver and passenger. We invite you to learn more by calling us at 1-800-Dial-BLS, or visiting our website at www.focusedonjustice.com.

Over the five day Thanksgiving Holiday period, the Florida Highway Patrol instigated a crackdown on Florida’s roads and highways. Statistics have shown that this holiday is the deadliest time of the year for drivers, due to the increased traffic caused by the large numbers of drivers traveling to family gatherings statewide. Unfortunately, alcohol and drug-impaired motorists are also more prevalent during the peak Thanksgiving travel period.

Because budgetary constraints are hampering the number of officers the FHP has on area roadways, administrative personnel were assigned road duty to assist with the Thanksgiving crackdown. The agency reports that 21 people lost their lives over the holiday period. Just under 8,000 citations were written, with almost 6,000 issued for speeding offenses. Additionally, 157 arrests were made for driving under the influence.

“The Florida Highway Patrol enhanced our patrols to remove unsafe drivers from the streets so that families could reach their destinations safely and enjoy the holiday with friends and loved ones,” said Colonel John Czernis, the agency’s Director. “Throughout the holiday season we will continue our enhanced enforcement efforts, with special emphasis on impaired drivers. Motorists should always designate a sober driver if they plan to consume alcohol.”

The FHP also issued almost 1,400 citations for seat belt violations, and directed troopers to be on the alert for aggressive drivers.

“Although people may assume that New Year’s Eve is the holiday most likely to involve an increase in drunk drivers, Thanksgiving has proven to be more problematic,” says Bruce L. Scheiner, founder and senior attorney at the law firm of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “Drivers need to know, particularly with the Christmas Holiday coming up, that every law enforcement agency is stepping up their aggressive patrols in a concerted effort to remove impaired drivers from the road, and allow people to get to their destinations safely.”

The personal injury lawyers at the firm have seen the devastation that a serious injury or even death caused by a drunk driving crash can bring to a family. They work closely with the Lee County Sheriff’s Office, along with Mothers Against Drunk Driving, (MADD), supporting their efforts to keep drunk drivers from getting behind the wheel. If you have been injured by a drunk driver, contact Associates and Bruce L. Scheiner Personal Injury Lawyers at 1-800-Dial-BLS or visit www.focusedonjustice.com.

While a large amount of media attention is directed towards accidents caused by a drunk or impaired driver, the offense of reckless driving is equally as serious, and many people are unaware of the definitions and consequences of this crime.

As an example, even speeding, under certain circumstances, can result in a reckless driving charge in Florida. If you are found to be exceeding the posted speed limit by 25 miles per hour or more, you may be charged with not only speeding, but reckless driving, as well. Florida statutes differentiate between “careless driving” and “reckless driving”. Reckless driving is a more serious offense, and involves circumstances defined as "driving with a willful or a wanton disregard for the safety of persons or property," or in similar terms. For a complete reference to Florida’s reckless driving statutes, click here.

One offense that can result in a reckless driving charge is racing your vehicle with that of another driver. “Drag racing” is not a new occurrence on the nation’s roadways. The dangerous activity came into popularity in the 1950’s in California, where a group of generally younger car enthusiasts would gather on weekends to engage in competitions to determine whose car was faster. Sadly, the practice still continues, and today’s cars are so far advanced in horsepower and technology, that the results can be deadly. Today’s younger drivers often lament the lack of a sanctioned, legal venue at which they can test their car’s performance, and resort to secluded public roads to challenge other drivers. Intoxicated by adrenaline and the socially-charged atmosphere, they seldom think about how this reckless behavior is not only illegal, but also that an accident could result in a life changing injury or even death.

It is important to note that in an instance in which a driver is found to have exhibited behavior that results in a charge of reckless driving, many such cases involve alcohol and/or drug use, and a charge of Driving Under the Influence, (DUI), may also be added. While DUI laws and penalties are more severe, a reckless driving charge that resulted in an accident causing personal injury or death can be a felony offense, and carry the same serious and more severe ramifications as does a DUI charge.

Reckless driving has received renewed attention recently with the November 27th single-car accident involving the world’s most famous athlete, Tiger Woods, in Orlando. There was speculation that Woods may be charged with the misdemeanor, but serious, offense of reckless driving, after many questions were raised after the early morning incident. However, the Florida Highway Patrol has cited Woods with the lesser, civil infraction of careless driving, and he has paid his $164 fine.

“We all see aggressive drivers and severe speeding incidents everyday,” says Bruce L. Scheiner, the senior attorney and founder of Associates and Bruce L. Scheiner Personal Injury Lawyers, PA. “People who engage in this dangerous behavior are not only endangering their lives and those of other drivers and pedestrians, but risk serious criminal charges and penalties.”

If you have suffered an injury or property damage as a result of a reckless driver, you need an attorney with extensive knowledge and experience in Florida traffic law statutes. Our team of experts in our 7 area offices can help you fight for justice, and obtain the legal representation you deserve under the law. Call us at 1-800-Dial-BLS, or visit www.focusedonjustice.com to learn more.

Many people feel they are safe from being in an accident caused by a careless or impaired driver once they safely pull into the parking lot of their destination. The fact is, many accidents actually happen in parking lots. Pedestrians are seriously injured, and vehicles sustain considerable damage – just as they do on area roadways. The Washington Post reported in October, 2009 that one fifth of pedestrian accidents in their area are occurring in parking lots.

Thoughtless drivers who think the rules of safe driving do not apply to them are the most notorious when it comes to parking lot accidents. Because they are not on an actual street or road, they think the painted lines that delineate the parking lot areas are a “suggestion” of where to drive. We have all seen the hurried driver who cuts diagonally across the lot markings, which are there to indicate where vehicles should park. Not coincidentally, you will discover that these are the same drivers who often occupy two parking spaces with their one vehicle. While there are some who choose to park this way in order to avoid a potentially damaging ding to their shiny luxury car, there are still others who practice this inconsiderate parking technique absent-mindedly, with no regard for the inconvenience of others. Parking near them is almost sure to result in a banged up door or fender on your car.

Many drivers are in a hurry to get where they are going, and this becomes even more prevalent with the hustle and bustle of the Holiday Season. Mall shoppers are racing from one plaza to the next, chasing bargains. This results in people driving at a speed that is not safe for parking lots. People, and most often young children, can dart out from between vehicles, directly into the path of an oncoming car. There are also many drivers who do not adequately check behind their vehicle before backing out of their space. Not only could there be another car approaching with a driver who does not notice the car backing out, but there may be a pedestrian distracted by the hectic pace of shopping that does not notice the car is backing towards them. Injuries from these types of incidents can be extremely serious.

Here are some common sense tips for safe parking lot driving:

• Slow down. Racing through a parking lot greatly increases your chances of hitting another car or a pedestrian.

• Turn your headlights on even during the day, to allow others a better chance of seeing you approach.

• Obey all traffic and safety signs, just as if you were on the road. So many times, people feel that a stop sign located at the crosswalk of their grocery store is not a “real” traffic sign, simply because it is not on a city street.

• When backing out of your parking spot, take an additional minute to completely check behind you, and towards both sides of your car, to avoid backing into another car or a pedestrian. If possible, you may want to pull forward into the spot in front of your car when you are parking, to avoid the need to back out later.

• Park a little further away from the entrance to the business you are patronizing. You may avoid a costly door ding, and the extra walk will do you good.

• Always try to park as near as possible to a light when parking at night.

• If there are extracurricular activities happening in the parking lot, like a charity car wash or Christmas tree tent sale, try to avoid that area. More pedestrians and kids not watching out for cars can be a recipe for disaster.

A parking lot accident should be treated just the same way as an accident on a city street or any other road. Get the other driver’s name, driver’s license number and insurance information, license tag number and contact information. Immediately call the police, as some insurance companies will not pay a collision claim if there was no police report filed from the incident. Also try to get one or two impartial witnesses to provide their name and contact information, in case you need to corroborate your version of what happened.

“Parking lots are treated like race courses by some negligent drivers, especially during the busy shopping season,” notes personal injury attorney PJ Scheiner, of the Associates and Bruce L. Scheiner Personal Injury Lawyers “Avoiding an accident can be as simple as slowing down, and paying extra attention to your surroundings.”

The firm’s team of dedicated accident law experts is prepared to stand up for your legal rights if you have suffered an injury in a parking lot accident caused by a negligent driver. For a no-obligation consultation, call 1-800-Dial-BLS, or to see more information on our history of representing accident victims, visit www.focusedonjustice.com

It’s no surprise that Florida’s roadways are home to a large number of drivers in the senior citizen age bracket. Our population of older residents swells dramatically with the onset of “snowbird” season, and our traffic increase clearly illustrates how older drivers become much more prevalent than in the quieter summer months.

Unfortunately, as we increase in age, our cognitive skills, reflexes and vision sometimes deteriorate, putting senior aged drivers at greater risk of causing a serious car crash. While a great number of older drivers are perfectly capable of navigating our area roads and operating their cars safely, there are some who may not be up to the task. In a recent Johns Hopkins Medicine Health Alert, senior drivers are reminded of several tips and are provided useful information that can help keep them safe while behind the wheel:

• The American Academy of Ophthalmology recommends that everyone between ages 40 and 65 have an eye exam every two to four years. If you're over age 65, you should see your eye doctor every one to two years, particularly to check for conditions such as cataracts, glaucoma, and age-related macular degeneration. Between check ups, if your vision changes or you have trouble driving at night, let your eye doctor know right away.

• Upgrade Your Eyewear -- You may also want to investigate anti-reflective lenses for your eyeglasses. These lenses minimize glare and allow more light to enter the eye than regular plastic lenses. Anti-reflective lenses are especially helpful at night, cutting the reflections on your lenses from streetlamps and headlights.

• Polarized sunglasses also may be helpful, especially for reducing glare. Polarized lenses have a laminated surface that contains vertical stripes, which allows the light to enter a lens vertically, blocking the horizontal bright light.

Prepare Your Car and Know Your Limits:
• Keep your headlights, taillights, mirrors, and windshields clean. These may sound like housekeeping details, but they can improve your road vision. Give your eyeglasses a shine before you set out, as well.

• Keep a spare pair of eyeglasses and sunglasses in your glove compartment so that you never find yourself driving without a pair handy.

• If you're buying a car, skip the darkened or tinted windows. Also, pick a model with easy-to-read symbols, large dials, and an instrument panel that brightens well at night. In addition, ask for a rearview mirror that automatically filters out glare.

• When you have your car serviced, make sure the lights are at full power and properly aligned so they don't affect the vision of drivers coming toward you.

• Plan long road trips with your eyes in mind, stopping every few hours to rest your body and your eyes.

• Avoid traveling at night, dawn, and dusk, especially in places you don't know well. And skip the crowded highways for quieter routes.

• If you take prescription medicines, such as antihistamines or blood pressure medication, check with your doctor about whether they may affect your vision.

“Senior drivers need to continually monitor their performance behind the wheel, as increased age can sometimes impede their ability to safely operate their vehicle”, says attorney PJ Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “No one wants to see an older driver lose their independence and ability to get where they need to go, but the tragedy of causing a serious car accident is far too dangerous to risk.”

AAA Roadwise Review
For older drivers who want to monitor and improve their driving skills and performance, The American Automobile Association, (AAA), has developed a specialized training software program designed to keep senior citizens safe while driving. The Roadwise Review is a scientifically validated, in-home software tool that you can operate on your home computer. The exercises are designed to measure your abilities in eight separate skill sets, with a summary of results after each segment. The summary will provide recommendations on options available to you, should the testing indicate an area in which you may have a problem.

The software tests you in these abilities:

• Leg Strength and General Mobility
• Head/Neck Flexibility
• High-Contrast Visual Acuity
• Low-Contrast Visual Acuity
• Working Memory
• Visualization of Missing Information
• Visual Search
• Useful Field of Vision

Completion of the AAA Roadwise Review may also entitle you to discounted car insurance rates. The CD-ROM is available for $10.00 to AAA Members, and may be ordered by logging on to
https://www.aaasouth.com/NewsAndSafety/roadwise_review.aspx?nvbar=NewsAndSafety:RoadwiseReview, or by calling the AAA Director of Driver Improvement Programs at 813-289-5831.

Associates and Bruce L. Scheiner Personal Injury Lawyers, with a 38-year history of focusing on justice for accident victims, urges all senior aged drivers to take action to ensure they are capable of safely driving on our roads and highways.

Naples Man killed after hitting uneven pavement

Last Sunday, October 11, 2009 a Collier County father of two, Derren Kelly lost control of his vehicle after overcorrecting when he encountered uneven pavement on I-75 near mile marker 105. Even an experienced driver, as Mr. Kelly was having driven charter buses, can experience road construction hazards.

The iROX paving project will continue over the next few months with crews first working on all the northbound lanes then the southbound lanes. There will be uneven pavement until the project is completed. Please stay informed. (iROX news about construction and lane closures can be found by clicking here.)

Attorney P.J. Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers warns motorists to slow down and be careful. Driving in a construction area is not the same as normal driving. It requires attention and extra caution. Be alert – stay alive.

Since 1971, Associates and Bruce L. Scheiner Personal Injury Lawyers has been focusing on justice. Contact us at 1.800.DialBLS or www.focusedonjustice.com. You pay us nothing unless we win.

Injuries can Occur from Improper Use, Coexistence with Cars
Southwest Florida is a haven for those who love the game of golf, and the number of local golf course communities rank the area as one of the highest in holes-per-capita in the country. Where there is golf, there are golf carts. In today’s troubled economic times, there is a move to utilize golf carts as a primary mode of transportation, even on local roadways. The electric vehicles offer an attractive alternative to the family gas-guzzler, yet many are unaware of the potential dangers of using them on anything other then golf course pathways.

The types of golf carts found at the local course are not legal for street use. There have been tragic accidents when they are used on public roadways. In July, a man from Sebastian, on the east coast of Florida, was seriously injured after the golf cart he was driving on a public street was rear-ended by a van. The cart had no lighting. The van driver being unable to see it, smashed it and its two passengers into a roadside ditch. Florida Highway Patrol Troopers also say alcohol was a factor in the accident.

In many Southwest Florida golf communities, golf carts and motor vehicles coexist, and the potential for a serious accident is great. Many residents think nothing of using their golf cart to zip down the block for cocktails at the neighbors, or to retrieve the shovel they loaned out last week. But unless the cart complies with some specific Florida state laws and is considered street legal, they are breaking the law, and opening themselves up for serious liability if involved in an accident. In Florida, a golf cart must be equipped with, among other safety items, head and taillights, rear-view mirror, windshield, horn, special brakes and seat belts. Additionally, the cart cannot weigh more than 2,499 pounds or exceed 25 mph. In fact, the Florida Department of Highway and Motor Vehicles has specific details related to these types of vehicles within their “converted golf cart / low speed vehicle category”. Known as Form 86064, the affidavit required by the state can be found here: http://www.flhsmv.gov/dmv/forms/bfo/86064.pdf

Accidents Do Happen…
The June issue of The American Journal of Preventive Medicine reports that injuries from being hit by or falling off of golf carts surged 132 percent from 1990 to 2006. Nearly 150,000 people, ranging in age from 2 months to 96 years, were hurt in golf cart accidents during that time. The report’s authors cite the reason as the increased use of golf carts in a variety of public settings, such as hospitals, fairgrounds, military bases, airports, and college campuses, among others. Basically, at any large area where people need to be transported from one point to another, golf carts make more sense than most other modes of transportation. In 1990 there were an estimated 5,772 golf cart injuries, but in 2006 that number had surged to 13,411. About 70 percent occurred at a sports or recreational facility. About 15 percent of injuries happened on the street, and those injuries were more likely to result in concussions and hospitalization. Another 15 percent occurred around homes or on a farm. The bulk of injuries involve people falling or being ejected from a moving cart. Stay safe and follow basic golf cart safety recommendations.

It May Look Like a Golf Cart…
With the rising price of gas and the increased efforts of some people to live a “greener”, more ecologically friendly lifestyle, comes a whole new type of vehicle. A Neighborhood Electric Vehicle (NEV) is a battery-powered electric vehicle that falls under United States Department of Transportation classification for low-speed vehicles. The NEV operates by plugging into a standard outlet at home. Generally, they must be titled, insured and registered, and the driver must be licensed. Because airbags are not required, the NEV cannot normally travel on highways or freeways. A low-speed vehicle (LSV) is a legal class of 4-wheel vehicles that have a maximum capable speed typically around 25 mph, and have a minimum capable speed (typically 20 mph), that allows them to travel on public roads not accessible to all golf carts or neighborhood electric vehicles (NEV). The vehicles operate under very similar restrictions, but without the specification of battery electric power.

Local personal injury attorney P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., cautions those who may think that running short errands in your golf cart or similar electric vehicle makes you less susceptible to being in a serious accident. “It’s very tempting to feel that just because you’re taking a short hop across the street to run to Publix, you won’t get in an accident.” says Sheiner. “The fact is that driving these vehicles requires the same adherence to traffic laws as does driving a regular car – and perhaps even more driver safety precautions, because of their small size.”

If you or someone you know has suffered an injury involving a golf cart or electric vehicle, please call us at 1-800-Dial BLS, or learn more by visiting our website at www.focusedonjustice.com. Our highly trained attorneys and support staff specialize in vehicular accident law, and have been focused on justice for our clients for nearly four decades.

While it may be true that there are more people on the roadways of Southwest Florida’s big cities, drivers in some of our smaller cities are not immune from being involved in a serious car crash. Quiet, suburban areas like Port Charlotte, Venice, Sebring and the rural areas of Arcadia have had their share of devastating vehicle accidents lately, some of which involved a driver who was found to be drunk behind the wheel.

Just north of Venice, a former football coach at Braden River High School was driving home from an event on March 21st when his vehicle overturned on State Road 681, near the I-75 interchange. The former educator, Josh Hunter, lost control of his car, causing passenger Doug Garrity to be ejected. Garrity, who was Hunter’s best friend and a fellow coach at the same school, was not wearing his seat belt, according to Florida Highway Patrol reports. He died from his injuries a day after the accident. Investigators say evidence shows Hunter was impaired at the time of the crash. After receiving results from toxicology tests on Hunter, the FHP investigators have said they have enough evidence to support charging Hunter with DUI manslaughter.

In Port Charlotte, a pickup truck driven by 19-year-old Chad M. Zeeman ended up in a water-filled drainage ditch alongside Bermont Road, after the driver lost control of the vehicle on September 18th. His passenger, Matthew R. Pouk, also 19, was not wearing a seatbelt, and was killed as a result of the crash. Zeeman was wearing a seatbelt, and was transported to a local hospital with serious injuries. It has not yet been determined if alcohol played a role in the accident, and the investigation is still ongoing.

On August 19th, two people were killed in an Arcadia crash on County Road 760-A near Taylor Avenue, according to the Florida Highway Patrol. A Port Charlotte woman, Sarah Blanton, and a Sebring man, Lucas Taylor, died from their injuries suffered in the crash. Two other passengers in Blanton’s vehicle also suffered critical injuries. Blanton’s Chrysler was struck by a Chevy pickup driven by 17-year-old Arcadia resident Brandon Beard. He and his passengers, Dillan Head and Ryan Young, also both 17, all suffered serious injuries, as well. The FHP reports that their investigation remains ongoing, and no conclusions have been determined as to whether alcohol was a factor in the fatal crash.

Florida personal injury lawyer P.J. Scheiner of the Associates and Bruce L. Scheiner Personal Injury Lawyers law firm says that even in remote, sparsely populated areas of Southwest Florida, car crashes can be a life changing, fatal occurrence. “Sadly, and especially when a drunk driver is behind the wheel, devastating accidents happen on roads that may be poorly lighted, or paved unevenly. Excessive speed is sometimes a factor, as these roads are in outlying, rural areas where fewer law enforcement patrols are in place.”

Associates and Bruce L. Scheiner Personal Injury lawyers, P.A., has a history of focusing on justice and suing drunk drivers on behalf of those injured or killed because of a car crash. Our expert and dedicated family of lawyers and support staff reaches throughout Southwest Florida, with 7 area offices to serve those in need of aggressive legal representation. If you or a loved one has been injured or killed in an accident caused by the negligence of another, contact us today at one of our offices, conveniently located to serve you:

Fort Myers Headquarters
4020 Evans Ave.
Fort Myers, Florida 33901
Map and Driving Directions
1.800.Dial.BLS

Arcadia
301D N. Brevard Ave.
Arcadia, Florida 34266-4501
Map and Driving Directions
1.800.Dial.BLS

Cape Coral
1407 Del Prado Blvd. South, Suite 11
Cape Coral, Florida 33990-3704
Map and Driving Directions
1.800.Dial.BLS

Naples
2650B Airport Road S.
Naples, Florida 34112-4886
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Recent Accidents Involving Kids Serve as Wake-Up Call to Parents and Motorists

The 8-year-old Lehigh boy struck by a minivan as he waited for his school bus to pick him up has died from his injuries, according to the Florida Highway Patrol. Brandon Castillo was struck after he ran in front of a van driven by Doris Toombs, also of Lehigh, on September 22nd. The accident happened as Brandon waited for his school bus at the corner of East 10th Street and Hamilton Avenue.

According to FHP reports, the van’s driver was blinded by the early morning sunlight, and did not see Brandon dart out in front of her vehicle. After the incident, Toombs, the driver of the minivan, became so distraught that she was transported to Lehigh Regional Medical Center for observation. She faces no charges in the accident.

East 10th Street is a two-mile long road with no stop signs. Area residents have told authorities that many times there is an adult at the bus stop to monitor the children as they wait for their bus. Apparently, on the day of the accident, only three students were there, without adult supervision. Although the posted speed limit is 35-mph, local residents have reported to the media that cars can often be seen traveling at high rates of speed on that road. Sadly, Brandon’s death is not the only recent incident involving this stretch of road. Back in March of 2008, 21-year-old Kendall Ramjattan was killed when he lost control of his car, reportedly traveling at more than 70-mph on East 10th Avenue, and stuck a roadside pole. The accident occurred just nine blocks east of where Brandon Castillo was struck.

Focus on Safety

Florida personal injury lawyer, Bruce L. Scheiner, Founder and Senior Attorney of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., is saddened that it takes a fatal accident to draw attention to the need for parental supervision and increased safety involving Southwest Florida’s young residents. In Lee County, children are often required to wait for their school busses along some of Southwest Florida’s most highly traveled roads. “Kids are going to be kids, and we as parents and guardians need to be vigilant and unwavering in our protection of them,” Scheiner said. “It’s almost unbearable when it takes the loss of a little boy to bring attention to the need to exercise proper supervision over our children, and our neighbor’s children”.

Other incidents involving children being struck by vehicles have occurred lately. On September 13th, a toddler was run over by a Hummer SUV in the parking lot of an
Immokalee church. The 1-year-old, Isikiel Lopes Andres, was just leaving services at the Bethel Assembly of God Church on West Main Street when he reportedly darted into the parking lot, and into the passenger side of the car. The vehicle’s right rear tire ran over the little boy. Although the accident happened in a seemingly safe, slow traffic area, it illustrates just how vulnerable youngsters are when in the proximity of vehicular traffic.

Their tendency to run off impulsively requires added oversight by their parents or guardians in an effort to prevent these tragic accidents. According to attorney Scheiner, “These devastating incidents will hopefully be a wake up call to parents throughout our community to become more aware of where their children are; what they are doing, and how, as parents, they can adopt more intensive precautions to keep their children from becoming accident statistics.”

Associates and Bruce L. Scheiner Personal Injury Lawyers works tirelessly to protect the rights of children injured or killed in an accident. Our firm has been focused on justice since 1971, aggressively fighting for those who may have suffered a tragic family loss. To learn how we may be of service, please log onto www.focusedonjustice.com, or call us at 1-800-DialBLS. Our history of almost four decades of looking out for our communities’ children is just the support you need.

Historically, 14% of motorists in the United States are uninsured. During economic downturns, when the unemployment rate rises, the uninsured rates also rise. Some states have higher uninsured rates than others do. According to the Insurance Research Council (IRC), 23% of Florida’s drivers are uninsured -- almost double the national average. The IRC arrived at this statistic by analyzing the number of claims involving uninsured motorists compared to total accidents. They found that for every percentage point rise in unemployment, the number of uninsured motorists rises by ¾%.

Driving without insurance in Florida is against the law, and it can be very costly. Fines and license revocation costs are high. By the time a driver retrieves an impounded car and goes through the legal system, he will have paid more than if he’d been insured in the first place. Personal Injury Attorney, Bruce Scheiner says, 'Driving without insurance can even lead to incarceration." Florida's minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL).

Although not mandatory in Florida, drivers may also purchase uninsured motorist protection (UM). According to Attorney PJ Scheiner, "We strongly recommend getting uninsured motorist protection. If you're involved in an accident, this protection will help you receive compensation for your injury. (If you’ve got UM protection, your insurance should cover medical bills and loss of wages.)”

You may have many questions about Florida vehicle insurance laws. A reliable site to visit is that of the Florida Department of Highway Safety and Motor Vehicles. You may access this site at http://www.flhsmv.gov/ddl/frfaqgen.html#2

Whether the other driver is insured or not, if you or a loved one has been injured contact Associates and Bruce L. Scheiner Personal Injury Lawyers. We’ve been fighting for justice since 1971 and are here to protect your rights.

A newly-released study conducted by the Centers for Disease Control and Prevention, (CDC), has found some alarming statistics involving binge drinking and alcohol-related motor vehicle accidents.

The study is thought to be the first to attempt to measure the likelihood that a person will drive after binge drinking. The result is hoped to be an increased effort to stop bars and restaurants from serving people after they are intoxicated, according to the report’s authors. Binge drinking is defined as a person who consumes 5 or more drinks on a single occasion. The study focused on 14,000 binge drinkers, and about 12% of those surveyed said they had driven within 2 hours of their last bout of heavy drinking. Of those drivers, more than half said they got behind the wheel after drinking at a bar, restaurant or other establishment licensed to sell alcohol. Half of the drivers who left the establishment reported they had 7 or more drinks, and 25% said they’d had at least 10.

James Fell, of the Pacific Institute for Research and Evaluation, a national research organization that is focused on alcohol policy, notes “almost everybody’s going to be intoxicated after 10 drinks”. Binge drinking is a main factor in the more than 11,000 deaths that occur annually from alcohol-related motor vehicle crashes, according to the CDC. The study’s lead author, Dr. Timothy Naimi of the CDC, said the hope is that state legislators will take a harder look at laws that supposedly prevent commercial establishments from selling alcohol to drunken patrons. While there are existing laws on the books, Naimi said most states don’t have enough enforcement personnel to stop in on bars and watch for the over-serving of customers. “These are some of the most disregarded laws in the country,” he states.

Without people policing the laws, there is little incentive for bars, clubs and restaurants to actually discourage drinking. Jim Mosher, a Washington, D.C-based legal researcher and consultant on alcohol issues, notes that “servers and bartender’s tips depend on keeping patrons happy and buying (drinks)”, implying that most bars and restaurants do little to self-police patrons who are intoxicated.

According to national surveys, statistics regarding binge drinking include:

• Approximately 92% of U.S. adults who drink excessively report binge drinking in the past 30 days.
• Although college students commonly binge drink, 70% of binge drinking episodes involve adults over age 25 years.
• The prevalence of binge drinking among men is 2 times the prevalence among women.
• Binge drinkers are 14 times more likely to report alcohol-impaired driving than non-binge drinkers.
• About 90% of the alcohol consumed by youth under the age of 21 years in the United States is in the form of binge drinks.
• About 75% of the alcohol consumed by adults in the United States is in the form of binge drinks.
• The proportion of current drinkers that binge is highest in the 18- to 20-year-old group (51%).

While the numbers of drunken driving fatalities has decreased about 10% from 2007 to 2008, most of the efforts to reduce drunk driving are centered on punishing the driver, rather than focusing on preventing drunken driving at the source of those who enable it.

“Establishments that serve alcohol have a serious responsibility in not over-serving their patrons”, says Florida personal injury attorney P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “Until they step up their efforts to curb the practice, binge drinking will continue to be a major cause of drunk driving accidents.”

If you or a loved one has been the victim of a drunk driving accident, Associates and Bruce L. Scheiner Personal Injury Lawyers want you to know that you do have legal recourse. With almost 40 years of suing drunk drivers on behalf of their clients, the firm is prepared to aggressively stand up for you in an effort to help you attain the financial compensation you deserve. Contact us at 1-800-DIAL-BLS, or log onto www.dialbls.com to learn how we can help.

We’ve all seen it happen – the driver who is attempting to make a turn or change traffic lanes, but neglects to use their vehicle’s turn signal. Although it seems like a simple, common sense rule of the road, a surprising number of auto accidents are caused by careless drivers who fail to exercise even the most basic of safety practices. Response Insurance Company, a nationwide insurance firm, hired a polling company, Leflein Associates, to conduct a statistically valid survey of 1,000 adult drivers. The goal was to find out how many drivers do not use turn signals and, of those who don't use them, why they don't. The company wants to bring awareness to issues people don't think are problems, such as turn signal use. The survey found 57 percent of respondents don't use turn signals when changing lanes.

Jay Anderson, Executive Director of the “Stay Alive – Just Drive” motorist education program in Southwest Florida says not using your turn signal is one of the most important, yet overlooked, safety precautions a driver can use. “Sometimes you wonder if people even know they have turn signals installed in their cars”, says Anderson. “If your hands are in the correct position at 9 o’clock and 3 o’clock on the wheel, the turn signal is only an inch away. Yet so often people are just frankly too lazy or complacent to use them.”

Florida personal injury lawyers remind motorists that there is a Florida law on the books that was implemented to help ensure the use of turn signals. Florida Statute 316.156 details when using your turn signal is required:

(1) No person may turn a vehicle from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement.

(2) A signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that such a signal by hand or arm need not be given continuously by a bicyclist if the hand is needed in the control or operation of the bicycle.

(3) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is opportunity to give such signal.

(4) The signals provided for in s. 316.156 shall be used to indicate an intention to turn, to overtake, or to pass a vehicle and may not, except as provided in s. 316.2397, be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

(5) A violation of this section is a non-criminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Some general safety guidelines for turn signal use are:

• Drivers should always use turn signals – the signal should be turned on about half a block before the turn in a residential area, and 500 feet before the turn on a highway or a country road.

• Drivers should always use the turn signal before applying the brakes - always. * Slowing down should occur before the turn, not in the turn. As a driver turns the steering wheel, he should remove his foot from the brake. For safety purposes, a driver wants power to the wheels in a turn, and pressing the brake prevents that.

• If for some reason a driver questions whether he can make a turn, he should not even try. He should turn off his turn signal while letting off the brake, keep going until he can find a suitable place to turn around, and do so. Then he should come back to the road he needs to take, and make the turn safely. A driver should not press hard or "slam on" his brakes; he should not try to make the turn if he is going too fast. It’s not worth having a crash.

The turn signal can also be used to signal the driver’s intentions:

• When changing lanes: Drivers should signal before changing lanes, not after, and not while straddling the line between the lanes. The purpose of the turn signal is to let everyone know what the driver is going to do before the driver does it.

• When using a turn lane: A driver should signal, then get into the turn lane, and then put on the brakes. A driver should not slow down before entering the turn lane – that forces every motorist behind that driver to slow down, and others shouldn’t have to slow down – that’s why there is a turn lane.

Bearing these points in mind will make for a safer, and more responsible driving attitude, and help to reduce traffic accidents by making sure all road users are aware of the driver’s intentions. According to Anderson of Stay Alive – Just Drive, “We’ve all seen examples of someone not using their turn signals, causing hesitation and confusion among the drivers around them, particularly at intersections. A person is killed on America’s roads every 13 minutes – a simple thing like using your signals can really help save lives.”

If you or someone you love has been injured or killed due an automobile or motorcycle crash, Associates and Bruce L. Scheiner Personal Injury Lawyers are prepared to aggressively fight for your legal rights, and seek the financial compensation you deserve. Our family of lawyers and support personnel are highly trained in the intricacies of motor vehicle and accident law, and have been focused on justice since 1971.

Trucking company owners are pushing their drivers to exhaustion. In the United States, driver fatigue causes up to 40% of all truck crashes, according to the National Highway Traffic Safety Administration. To help reduce the estimated 56,000 sleep-related crashes in the USA, the federal government limits the time a trucker may drive to 10 consecutive hours. A minimum 8 hours rest is required after driving for 10 hours. The rules permit truckers to spend 16 hours driving during any 24-hour period.

Trying to circumvent the rules, however, some owners have falsified company logbooks to conceal that their drivers exceeded the maximum allowable number of daily driving hours. The crash risk doubles from the eighth to the tenth hour of driving, and doubles again from the tenth to the eleventh hour. According to one judge who sentenced a trucking company owner to a year in prison, by falsifying records he “created a conscious risk of death or serious bodily injury.” After any crash involving a truck that injures a client, Associates and Bruce L. Scheiner, Personal Injury Lawyers will examine the driver’s records to determine whether fatigue played a factor.

Whether a truck or a car, if you’re behind the wheel for long periods, combat fatigue as follows:

• 
  • Plan for breaks and layovers

  • Take frequent rest stops, at least every 2 hours.

  • Limit driving between 2 a.m. to 6 a.m., an especially dangerous time.

  • Avoid driving when you’d normally be asleep.

  • Beware of medicines causing drowsiness.
  

If you’ve been injured in an accident, call Associates and Bruce L. Scheiner, Personal Injury Lawyers at 1 (800) Dial.BLS or log on to www.dialbls.com Fighting for justice since 1971; you pay us nothing unless we win.

A group of Democratic lawmakers in Washington are pushing for a nationwide ban on the dangerous habit of sending and viewing text messages on cell phones and other personal electronic devices while driving. They are hoping to get those states that do not currently have such laws on their books to act by withholding a percentage of highway funding. Senator Charles Schumer, D-N.Y., who unveiled the legislation Wednesday along with Democrats Robert Menendez of New Jersey, Mary Landrieu of Louisiana and Kay Hagan of North Carolina, makes his case by saying, "When drivers have their eyes on their cell phones instead of the road, the results can be dangerous and even deadly,"

14 states already have passed legislation making texting while driving illegal, but 36 others, including Florida, have yet to sign such a law into effect. There are critics who question the enforceability of the proposed law, and whether current available research even warrants one in the first place. Still others think that current reckless driving statutes already in place would apply to those caught texting behind the wheel. The agency that represents state highway safety agencies, The Governors Highway Safety Association, thinks the dangers of texting while driving are real, yet does not support the law based on the fact they feel it would be difficult to enforce. According to Vernon Betkey, the highway safety association's chairman, "Highway safety laws are only effective if they can be enforced, and if the public believes they will be ticketed for not complying. To date, that has not been the case with many cell phone restrictions.”

Studies Show The Need…
A new study just released on July 27th confirms what most might assume is just common sense – using your phone for sending or receiving text messages while driving greatly increases the risk of being in a car crash. The study, conducted by the Virginia Tech Transportation Institute, found that distracted drivers are an astonishing 23 times more likely to be in an accident, or a “near crash” event, than drivers who keep their eyes on the road. To conduct the research, cameras were mounted in test driver’s vehicles, and researchers studied driver’s eye movement as they attempted to do things such as dial a cell phone, send a text message, insert a CD into the car’s stereo or attempt to retrieve an object from the passenger seat.

The study determined that text messaging could take the driver’s eyes off the road for 4.6 seconds. This is the equivalent of driving the length of a football field if traveling at 55 miles per hour. Additionally, in what may come as a surprise to some motorists, using a cell phone’s wireless, “hands-free” headset as opposed to the phone itself does not significantly make cell phone use while driving any safer. This finding reflects that both practices cause drivers to take their eyes off the road, which is the key to distracted driving.

The Democratic lawmakers also pointed to another report produced by Car & Driver Magazine where findings indicate texting while driving is actually more dangerous than driving while drunk.

According to the Associated Press, the legislation would require states to ban texting or e-mailing while operating a moving vehicle, or risk losing 25 percent of their annual federal highway funding. Under the legislation, the transportation secretary would be required to issue guidelines within six months of the measure being signed into law. From there, states would have two years to approve the bans on texting while driving. States could recover highway funds by passing the legislation after the two-year period.

The bill would only aim at banning texting in a moving vehicle, the AP reported. Drivers would not be barred from texting or e-mailing while in a parked or stopped car.

According to the wireless industry’s trade group, CTIA, the popularity of text messaging is experiencing explosive growth. Nearly 10 billion text messages a month were sent in December 2005, and the number soared to nearly 110 billion per month in December 2008.

Still Legal in Florida…
In February of this year, Florida House of Representatives member Doug Holder, (R-Sarasota), sponsored House Bill HB 377, entitled Use of an Electronic Wireless Communications Device While Driving. The Bill “prohibits operation of moving motor vehicle while reading, manually writing or typing, or sending message on electronic wireless communications device.” However, the bill died in the Roads, Bridges & Ports Committee on May 2nd, 2009.

Florida personal injury lawyers caution that this dangerous practice is still legal on our roadways, and presents as serious a danger as driving while drunk or impaired. “A distracted driver is potentially just as lethal as a drunk driver, and the statistics support that fact,” notes attorney PJ Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers. “We urge all motorists to use extreme caution when they think they are on the road with a driver attempting these extremely hazardous practices.”

With the advent of cell phone technology comes a new hazard to motorists on our nation’s roads – “texting” while driving is quickly becoming a prominent and extremely hazardous threat to driver safety. According to USA Today, 14 states now have laws on the books banning the sending or viewing of text messages on cell phones or other electronic personal communication devices, with many more now proposing similar restrictions. Many have also advocated a federal ban.

It is not only teens or younger drivers who are guilty of this offense. Florida personal injury lawyers are cautioning that drivers of all ages and walks of life are likely to cause a serious or even fatal auto crash due to being distracted behind the wheel. Often referred to as “DWT”, driving while texting can be as serious an offense as drunk driving, and state legislators across the country are taking a proactive position to prevent the practice.

A bill is making its way through the Florida Legislature that would prohibit sending cell phone text messages while driving. According to the Associated Press, the text messaging ban was added onto a bill sponsored by Florida Senator Carey Baker, (R-Eustis), that would make it illegal for minors to talk on a cell phone while driving. If the ban goes through, Florida would join other states in cracking down on texting while driving. Similar bills have been proposed, but have not passed, and this one still has a long way to go before it becomes law. Not surprisingly, lobbyists and representatives for the Florida Telecommunications Industry Association feel that their industry is being unfairly singled out, and are attempting to counter any laws being passed that they feel are too specific or restrictive.

A Nationwide Mutual Insurance Company study found that 19% of all drivers -- and 37% of drivers between the ages of 18 and 27 -- text message behind the wheel. One in seven drivers admit to sending text messages while driving, and among 18- to 24-year-olds, it's even higher - one out of two drivers. On its Web site, the National Safety Commission, (http://www.NationalSafetyCommission.com), crediting recent academic studies, says that "using a wireless communications device while driving is one of the most significant distractions that affects driving performance."

"The relative risk, frequency and duration of cell phone use and text messaging make these activities much more likely to lead to a crash or near crash than most other activities people do in vehicles," the Commission wrote. It recently called on drivers to stop using cell phones and messaging devices, implored businesses to execute policies prohibiting such usage, and urged all 50 states to pass legislation prohibiting the use of cell phones while driving.

While there are currently no statistical numbers relating to the number of vehicle accidents involving text messaging while driving, today’s headlines are an indicator of the seriousness of the practice. In Rochester, New York, five teenage girls were killed in a horrific accident after crashing into a tractor-trailer in June, just a week after their high school graduation. Investigators have determined that the driver of the vehicle containing the teenagers was texting immediately prior to the crash. Sadly, these types of stories are becoming a regular occurrence across the country, as well as right here in Southwest Florida.

“Everyone seems to have heard of the seriousness and devastating consequences related to DUI car crashes,” according to prominent Florida injury attorney Bruce L. Schenier.
“Unfortunately, with the advent of today’s personal communication technology, the dangers of texting while driving is often downplayed or dismissed as less important.”

Florida personal injury lawyers urge all drivers, especially teens and younger drivers who may be more prone to texting while driving, to focus 100% of their attention on their driving and restrict their use of cell phones to when they are not behind the wheel of a car.

A 2004 Florida law requiring that older drivers pass a vision test before getting a license renewed has helped cut the death rate among drivers aged 80 and older by 17%, according to researchers at the University of Alabama at Birmingham. Driving is often vitally important for seniors. Several studies have shown that taking the keys from elderly drivers who have no other transportation can cause them to become depressed or inactive, lose access to health care and even die sooner. However, Florida injury lawyers remind drivers of all ages that proper vision can be a key factor in preventing serious car crashes.

“While it is true that poor vision in a driver of any age can be the cause of a serious auto accident, the number of senior-aged drivers in Florida makes this an important safety concern on our roadways”, notes Bruce L. Scheiner, of Associates & Bruce L. Scheiner Personal Injury Lawyers.

For Florida drivers over 80 years old, the vision test may be taken at a Florida driver license office at no additional charge, with an appointment made in advance, according to the Florida Department of Safety and Motor Vehicles. Another option is to have a doctor licensed to practice in Florida administer the vision test - out-of-state doctors are not authorized to provide this test. He or she must be a medical doctor, osteopathic physician, or an optometrist. If a doctor administers the vision test, a Mature Driver Vision Test, (Form HSMV 72119), must be completed and submitted to the department. The doctor may also file the form electronically to the agency’s web site, http://www.flhsmv.gov/. If the test reveals a problem, the driver will be requested to have an eye specialist licensed in the state of Florida complete a Report of Eye Examination, (Form HSMV 72010), and submit it to the department prior to renewing their license.

From 2001 to 2006, overall motor vehicle collision death rates in Florida increased by 6%, from 14.61 to 14.75 per 100,000 people per year. However, death rates among elderly drivers decreased by 17%, from 16.03 to 10.76 per 100,000. Eye problems such as macular degeneration, sometimes referred to as a “hardening of the arteries” in the eye, can lead to reduced acuity in the central vision specter. Described as a general cloudiness over the retina, macular degeneration can increase with age, creating a danger for those who attempt to drive with the condition. Yet, all facets of visual health are taken into account when a driver gets behind the wheel of a vehicle. Distance vision, peripheral vision, the ability to discern colors, night vision and the ability to adequately adjust between close-up and distance vision are crucial elements of safe driving.

Never has the phrase “keep your eye on the road” been more appropriate. If you or someone you know is having trouble driving safely due to vision problems, Florida injury lawyers urge you to schedule immediate tests and screening to determine if continuing to drive is the correct option.

School is out, and the beach and other recreational activities are beckoning Florida’s teenaged drivers. Florida injury lawyers are reminding parents that they are the best source of safe driving advice to help keep their children, and other motorists, safe behind the wheel.

The Florida Department of Highway Safety and Motor Vehicles has just launched a newly updated website - www.flhsmv.gov/teens - to provide parents with important safety information aimed at teen drivers. Traffic accidents are the number one cause of death for the nation’s teen drivers, and many of those crashes are caused by actions that are easily avoidable. In Florida, a 15 year old teen may obtain a restricted driver’s permit, often referred to as a “learner’s permit”, and drive a vehicle only while accompanied by a licensed adult driver over 21 years old, and under certain other restrictions.

“Oftentimes, the excitement of receiving a new license can overshadow the common sense safety practices of Florida’s younger drivers”, according to Bruce Scheiner of Associates & Bruce L. Scheiner Personal Injury Lawyers. “The new section of this website is an excellent resource for parents who want to keep their kids safe on Florida roadways.”

Florida was the first state to adopt a graduated driving licensing system, or GDL. This system allows teen drivers to take specifically designed steps in not only obtaining their driving privileges, but to learn safe driving techniques and the laws that govern their use of a motor vehicle. Teens face the greatest risk of being in a car crash at 16 years of age, and 306 Florida teens between the ages of 15-19 died in auto accidents in 2007. Studies have shown that teens are less likely than adults to understand the risks associated with driving, simply due to their lack of practical experience.

Florida teen drivers must progress through three licensing stages: Learner's License, Operational License, and Full License.

To obtain a Learner's License, the driver must do all of the following:

be at least 15 years old;

provide a Social Security Number;

show proof of completion of a Traffic Law and Substance Abuse Education course, or a license from another state, county, or jurisdiction;

have a legal guardian sign the Parental Consent Form in the presence of the driver license examiner; and

pass the required written test covering road rules and signs, a hearing test, and a vision test.

The holder of a Learner's License may not drive alone, regardless of age, and if under 18, must hold the license for 12 months before advancing to the next stage. The driver is restricted from driving after dark for the first three months, and after 10 p.m. from months 4-12.

The state’s website provides excellent advice and detailed explanations of Florida’s driving laws, and the legal consequences associated with breaking those laws. While your teen may be the one who has just received his/her new license, it is actually the parents who are in the driver’s seat when it comes to ensuring their children learn and employ safe, responsible driving habits. A recent survey found that 89% of teens view their parents as the best source of reliable information related to safe driving.

Florida personal injury lawyers urge parents to use this opportunity to keep your kids safe while on the road, enabling them to enjoy their newly found freedom and remain accident free.

Drivers in Florida are now subject to a citation for not being buckled in by their seat belts – and law enforcement officers can now pull a driver over for that specific reason alone. The fine is higher if a minor under the age of 18 is not correctly restrained within the vehicle. Additional county fines and penalties are also applicable. Florida Governor Charlie Crist signed the new law into effect in an effort to keep motorists safe, and reduce the injuries and deaths caused by motor vehicle crashes in the sunshine state. Crist noted, "The most important function of government is to protect – this law will save lives." With that said, he signed into law the Dori Slosberg and Katie Marchetti Safety Belt Law named in memory of two Florida teens that were involved in separate traffic accidents, and died as a result of not wearing their seat belts. The Florida Highway Patrol predicts that at least 124 individuals will be saved each year as a result of the state’s new seat belt law. Statewide seat belt usage in 2008 was 79.1%, making it 35th in the nation and below the national average of 83%, according to the National Highway Traffic Safety Administration. According to the Florida Department of Highway Safety and Motor Vehicles, there is an average of just over 700 motor vehicle accidents on Florida roadways every day. In 2008, 2,983 people lost their lives in motor vehicle accidents in Florida, and 199,658 people suffered some type of injury. Florida’s Department of Motor Vehicles, (DMV), also notes that in 2004, Florida experienced 2,179 traffic deaths of drivers and passengers in Seat Belt Equipped Vehicles (SBEV). The tragic note of this is that 62.1% (1,353) of the people killed were not wearing seat belts. Additionally, 69% (109 of 159) of the children ages 0 to 17 years old killed were not using safety equipment. These startling statistics make it clear that the odds are high that you or someone you know will be involved in some type of auto crash at some point in your lifetime. Florida personal injury lawyers are encouraged by the new, tougher “Click It or Ticket” law enforcement, recognizing that the bill was long overdue. “The simple act of buckling up yourself and your passengers has a huge impact on reducing fatalities and injuries caused by the alarming number of auto crashes on our roads”, says PJ Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers. “It is our hope that this new law will make motorists more aware of the importance of using seat belts whenever they get behind the wheel.” Florida is the 28th state to enact such a law, referred to as a “primary seat belt law”, which means drivers may be pulled over and cited solely for that infraction. Previously, another infraction would need to take place prior to a driver being cited for a seat belt violation. If you or a loved one has been the victim of a serious injury or fatality caused by a car crash, contact the Florida personal injury lawyers today to learn more about how we will fight for your legal rights, and stand by your side during what can be a traumatic life event.

"While the onset of Fibromyalgia can be triggered by a number of factors, medical professionals concur that a traumatic incident like a vehicle crash can trigger the disease in people who had no previous problems with ongoing pain and were in perfect health prior to the trauma", said Starr Joyce, Medical Consultant to Associates and Bruce L. Scheiner, Personal Injury Lawyers.

In a study of 2,000 Fibromyalgia patients, it was discovered that 65% of those patients had some form of traumatic incident. Of that percentage, 52% of the cases were caused by a vehicle crash.

There are likely very few medical conditions as misunderstood as the one known as Fibromyalgia. Medical practitioners from rheumatologists to psychologists to the family MD have long been studying and debating the causes and treatments for this mysterious condition.

Fibromyalgia is a painful and serious disorder. Some of the more common symptoms include extreme stiffness in the joints, overall fatigue, chronic muscle pain and severe sleep disorders. There are some recognized experts who believe such things as carpal tunnel syndrome, restless leg syndrome and even depression and general cognitive dysfunction, among many other symptoms, can be related to a person being diagnosed with Fibromyalgia.

The personal injury lawyers who specialize in fighting for the rights of vehicle crash victims are supported by some of the brightest and most recognized medical experts available, and can provide invaluable representation if you have been injured.

“The medial community has long recognized the relationship between a traumatic accident and a diagnosis of Fibromyalgia,” says attorney Bruce L. Scheiner, founder of Associates & Bruce L. Scheiner Personal Injury Lawyers. “In my almost four decades defending the rights of thousands of auto crash victims, I have seen how Fibromyalgia can often go undiagnosed, resulting in months or years of personal suffering and hardship. The medical research and technology available to us today is a powerful resource in helping people obtain the appropriate care and treatment for this debilitating disease.”

After four years as the city with the most aggressive drivers in America, Miami dropped to 7th in this year's Road Rage Survey, released Tuesday by AutoVantage.

Aggressive driving is a leading cause of car accidents handled by Florida personal injury lawyers.

New York City moved from third to first in this year's poll of worst cities. Dallas, Detroit, Atlanta and Minneapolis/St.Paul rounded out the top five. Meanwhile, Boston, Baltimore and Washington, D.C. joined Miami in exiting the grouping of worst cities in America.

Portland and Cleveland were ranked the nation's most courteous cities.

"This survey is another way we assist drivers by revealing the latest driving trends and attitudes to educate and influence safer, and perhaps more courteous, driving habits," said Brad Eggleston, vice president of AutoVantage.

This year's respondents were asked to define road rage, and pointed to two common attributes: angry drivers, including those who overreact and lose their temper, and aggressive driving, including cutting into lanes, speeding, honking and tailgating.

Major causes of road rage:

Bad/careless driving, such as cutting people off, tailgating, speeding, using cell phone, not using signals and making obscene gestures.
People who are angry, stressed or frustrated
People who are impatient or running late
Traffic accidents, poor road conditions and construction

Stress-causing behavior by other drivers:

Drivers who talk on their cell phones (84 percent reported seeing it everyday)
Driving too fast (58 percent)
Tailgating (53 percent)
Drivers eating or drinking while driving (48 percent)
Texting or e-mailing while driving (37 percent)

As a reaction to rude or bad drivers, people admitted they:

Honk their horn (43 percent)
Curse (36 percent)
Wave their fist or arms (13 percent)
Make an obscene gesture (10 percent)
Call the police (7 percent)
Slam into the car in front of them (1 percent)

Aggressive drivers are a serious concern on our roads. Their actions can lead to serious accidents. They can be held liable for the damages and injuries they cause and even face serious criminal charges.

If you or someone you love has been injured or killed in a Florida car accident, there are things you can do to help protect your rights. Our Florida injury lawyers offer free appointments to discuss your rights at offices in Fort Myers, Naples, Cape Coral, Port Charlotte, Arcadia, Sebring and Venice. You'll pay us nothing unless we win.

The injury of two Cape Coral police officers in separate crashes this week is a tragic reminder that motorists need to use extra caution in yielding to emergency vehicles in Southwest Florida.

Officer Damien Garcia, 26, suffered head injuries and a broken leg, according to media reports, in an on-duty motorcycle accident when Garcia's police motorcycle hit a vehicle that pulled out in front of him as he traveled south on Cultural Park Boulevard.
And a 29-year-old Cape Coral woman is facing DUI charges for a car accident that injured Cape Coral Police Officer Robert Reese, 46, over the weekend. Both the accused driver and the passenger also suffered injuries.

According to reports, Reese was traveling south on Country Club Boulevard in a 2006 Chevrolet SUV police vehicle when the accused driver failed to yield and turned across his path at Southeast 10th Street.

Because they were on-duty, the police officers medical bills and lost wages will be covered under Florida's worker's compensation laws, according to the department. However, both accused drivers could also be held criminally and civically responsible.
State law requires motorists to yield to all emergency vehicles, including police officers, ambulances and fire trucks. When emergency vehicles are running with lights and sirens, they are often not obeying the speed limit and traffic lights, and may even use the wrong side of a divided road or travel the wrong way on a one-way street to avoid congestion and get to an emergency situation. They are attempting to reach a destination where someone needs medical assistance or is in physical danger.
Give them a break. Get out of their way. Keep yourself safe and do your part in keeping our emergency workers out of harms way.

The state's Move On Over campaign also requires motorists to move over and allow plenty of room to law enforcement and emergency vehicles stopped on the side of the road.

Not only can you face increased fines for failure to yield at all times to law enforcement but, in the event of an accident you can face additional criminal charges.
If you or someone you love has been in a car accident or motorcycle accident or has been the victim of a drunk driver, our Florida injury lawyers offer free appointments to discuss your rights at offices throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Sebring and Venice.

Two Fort Myers-area teenagers remain in critical condition at Lee Memorial Hospital and another has died following separate car accidents this week in Estero and Bonita Springs.

Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to have a comprehensive talk with their teenagers as the summer driving season gets underway.

The News-Press is reporting none of teenagers were wearing seat belts.

The truth is even more startling: The number one cause of death for young people ages 16 to 25 is car accidents, according to the National Highway Traffic Safety Administration. The reasons vary and include inexperience. But, in addition to the high number of local teens who apparently do not buckle up, statistics show teen drivers are also among the most distracted on the road.

Young drivers -- already four times more likely to get into an accident -- were twice as likely to use a cell phone while driving and more than six times more likely to text message while behind the wheel, according to a recent AAA study and a survey by FindLaw.

Florida's new mandatory seatbelt law begins June 30 -- for the first time, vehicles can be stopped and ticketed if the driver or front-seat passenger are not wearing seatbelts. Florida is joining 29 other states that have primary enforcement laws. Current Florida law only allows tickets if the driver has been stopped for another offense.

However, both laws allowed for drivers under 18 to be stopped and ticketed and both laws require anyone under 18, regardless of their position in the vehicle, to wear a seatbelt.

And yet, despite overall high compliance rates, the area's statistics are not encouraging when it comes to teenagers.

In Florida, 81.7 percent of drivers wear them. In Lee County, 91.4 percent of drivers wear belts, the second-highest of 12 counties surveyed last week by the Florida Department of Transportation, according to The News-Press article.

Yet in 2007, 127 crashes occurred in Lee that involved drivers ages 15 to 21. Sixty-two percent of them were not belted, according to Jay Anderson, executive director of Stay Alive ..... Just Drive!

In 2006, he said, 233 crashes involved 15- to 21-year-old drivers in Lee County, and 82 percent were not buckled up. The collisions resulted in the deaths of eight people, seven of whom weren't belted.

So talk to your kids about comprehensive driving safety. And consider enrolling them in a safe-driving program or even taking the program with them.

Locally, Lee Memorial Health Systems routinely offers a free young-driver's seminar to teenagers and/or their parents. The next course is available on July 28 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

If you or someone you love has been in a car accident, there are things you can do to help protect your rights. The car accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, offer free appointments to discuss your case at offices located throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Port Charlotte, Sebring and Venice.

The Collier County Sheriff's Office opened June with a crackdown on unsafe commercial trucks in the Naples area in an effort to prevent serious and deadly trucking accidents.

Florida trucking accident lawyers and personal injury and wrongful death attorneys know getting unsafe trucks and truck drivers off our road will reduce serious trucking accidents in Southwest Florida.

We urge motorists to use extra caution around all commercial trucks. A semi or dump truck can weight 70,000 to 80,000 pounds - 20 times the weight of a passenger vehicle. At 70 mph, you don't stand a chance.

Collier County deputies will be stopping commercial vehicles around the clock this week to inspect tires, brakes and other safety equipment in an aggressive enforcement effort of state and federal laws governing commercial vehicles.

"The road check gives law enforcement the opportunity to make sure these vehicles are safe to be out on the roads," said Cpl. Tom Mullen, of the traffic enforcement bureau. "It also forces the owners of these trucks to keep up with the safety standards."

Advocacy groups content 20 to 30 percent of trucks on Florida roads are running overweight at any give time -- and fines in the range of $100 offer little deterrent compared to the profit to be made when large trucks run purposefully overweight.

One in every 10 fatalities is the result of a trucker-related crash -- about 1,000 a year, according to federal statistics. And Florida is one of the most deadly -- second only to Texas in the number of fatal trucking crashes.

Continue reading "Southwest Florida trucking accident lawyers hope law enforcement crackdown leads to fewer trucking accidents" »

Florida injury lawyers continue to monitor moves by the federal government to increase fuel efficiency, which in the past has led to smaller cars and more traffic fatalities in Florida car accidents.

The Insurance Institute for Highway Safety reports that the Energy Policy and Conservation Act of 1975, resulted in cars that were 500 pounds lighter and 75 percent more fuel efficient by 1990 but also increased fatality rates 25 percent.

Continued research by the council concluded in 2002 that 1,300 to 2,600 additional traffic deaths occurred because of weight reductions made to comply with federal fuel-mileage standards.

President Barack Obama's announcement this month will require automakers to further increase fuel averages -- to 35.5 miles-per-gallon by 2016. The council and other safety advocates are pushing for less horsepower, which in and of itself has been shown to reduce fatalities, as a better alternative to further reductions in vehicle weight.

"The deadlines are so tight that downsizing will be a tempting compliance strategy," John Graham, a former rulemaking chief with the federal government, told the USA Today.

Safety advocates note that the mandates hit as automakers are in financial crisis.

"(If they) leave automakers the option of downsizing, clearly we're going to have some safety consequences," said Adrian Lund, the council's president, of the final rules lawmakers draft for automakers. "Smaller vehicles do not protect their occupants as well as large ones."

Florida injury lawyers urge car owners to do their research before purchasing a new vehicle. Fuel mileage is one factor to consider but safety performance can literally be a lifesaver.

Continue reading "Smaller, fuel-efficient cars could increase risk of traffic fatalities in Florida car accidents" »

While authorities are preaching to teens about safe driving and the perils of drunk driving, the message relies on teenagers taking responsibility for their own actions. Florida injury lawyers urge teens to do whatever they can to avoid the tragic consequences of drunk driving accidents, and car accidents this graduation season.

"Enjoy what should be a milestone accomplishment this graduation season," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. "Do everything you can to avoid turning celebration into tragedy."

In Lee County and throughout Southwest Florida, authorities will be monitoring the road for unsafe and drunk drivers.

Lee County traffic Sgt. Dennis Petracca noted drivers below the drinking age face a 6-month license suspension if they have a blood-alcohol test of .02. The normal limit is .08.

"The number one killer of teenagers is drinking and driving and during graduation we see an increase," Petracca said. "If you get into an accident and injure or kill someone, there are lifetime consequences."

In Ocala, a mock drunk-driving accident is being staged to make teen drivers aware of the potential deadly consequences of car accidents.

Florida authorities urge parents to talk to their teens, create a code of conduct and plan their child's itinerary. But teens must also take responsibility for their own actions.

Earlier this month following his prom, an 18-year-old Boston-area teenager allegedly guzzled 10 beers and crashed into a mother and daughter walking their dog early Saturday morning. Prom participants had been given multiple breath tests at the school-sanctioned event and had their bags checked for drugs and alcohol.

"There's not much more you can do," Paul Wetzel, a school spokesman, told the Boston Globe. "In this case, the prom was over. The school can't take them home and put them to bed."

Brenda Gellinger, of Lee County's chapter of Mother's Against Drunk Driving," said such tragedies are an all-too-common occurrence.

"Alcohol related crashes involving youth are very high around graduation time," Gellinger said. "Have a plan ahead of time so you're not just going around trying find something to do on graduation night."

Continue reading "Florida Injury Lawyers urge teenagers to accept responsibility for their safety, avoid drunk driving car accidents during graduation season" »

Southwest Florida motorists will see increased seat belt enforcement as the Florida Highway Patrol conducts special Click-It or Ticket patrols in advance of the state's new mandatory seat belt law, which begins July 1.

Florida injury lawyers remind motorists seat belt use is one aspect of a comprehensive safe-driving program that also includes avoiding distracted driving, speeding, aggressive driving and other unsafe practices that lead to serious injury or death in Florida car accidents.

The Florida Highway Patrol estimates 15,147 lives were saved in 2007 because of seat belt use and another 5,024 could have been saved. Local troopers will be dispatching extra patrols to areas with high rates of speeding, complaints, crashes and fatalities, according to a report from NBC-2.

Beginning July 1, failure to wear a seat belt will be a primary offense for which you can be stopped and ticketed. Florida's current seat belt law allows for adults to be ticketed only if they are stopped for another offense.

Both laws allow law enforcement to stop and ticket minors who are driving or riding as an unbelted passenger.

On Thursday, May 28, the Florida Department of Transportation, local law enforcement and the Fort Myers Miracle baseball team are teaming up to encourage motorists to wear their seat belt as part of the state's annual campaign to reduce traffic fatalities.

Fans at Hammond Stadium will receive promotional items and receive other information about the importance of driver education and safety.

According to Click-It or Ticket, the 1 in 5 Floridians who did not buckle up in 2007, accounted for 3 in every 5 traffic fatalities. The state's seat belt use has risen 26 percent to 81.7 percent since the campaign began in 2001 -- just shy of the national average of 82 percent.

Continue reading "Click it or Ticket aims to reduce serious injury from car accidents as Florida's new mandatory seatbelt law begins this summer" »

Florida injury lawyers urge bikers and motorists to review safe driving habits to help prevent motorcycle accidents and fatalities as Florida proclaims May to be Motorcycle Safety Awareness Month.

"Motorcycling is a year-round activity in Florida and Motorcycle Safety Awareness Month does not come around often enough," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers, which has been fighting for motorcycle rights and representing motorcyclists injured or killed in Florida motorcycle accidents since 1971. "Motorcycle crashes are always very serious and are most often not the fault of the biker. We urge all motorists to watch out for motorcycle riders and wish everyone a long summer of safe riding."

Research shows that motorcyclists are about 37 times more likely than a car occupant to die in a traffic crash. Between 2002 and 2007, U.S. motorcycle fatalities increased by 57 percent, from 3,276 to 5,154. There were 103,000 motorcyclists injured in 2007.

In Florida, motorcyclists account for 6 percent of the motoring public, yet account for 17 percent of all traffic fatalities.

"Motorcyclists are much more vulnerable than other motorists in the event of a crash," said Colonel Chris Knight, director of the Florida Highway Patrol. "Research shows that approximately 80 percent of motorcycle crashes injure or kill the motorcycle rider."

Safety Tips
* Remember motorcycles are vehicles with all the rights and privileges of any vehicle on the road. Always allow a motorcycle a full lane -- never try to share a lane.
* Motorcyclists should never ride between lanes of slow moving or stopped traffic.
* Always make a visual check for motorcycles by checking mirrors and blind spots before entering or leaving a lane of traffic and at intersections.
* Motorcyclists should assume they are invisible to other motorists and operate their motorcycle accordingly. Position yourself to be seen.
* Always signal your intentions before changing lanes or merging into traffic.
* Don't be fooled by flashing turn signals on any vehicle. Be aware that motorcycle signals are often not self-canceling and riders sometimes forget to turn them off. Wait to make sure the motorcycle is going to turn before you proceed.
* Remember that road conditions which may be minor annoyances to passenger vehicles can pose major hazards to motorcyclists.
* Allow for sufficient following distances. When following a motorcycle, make certain the motorcyclist has enough time to maneuver or stop in an emergency. Never tailgate.
* Motorcyclists should know and obey traffic laws, be alert to other drivers, never drink and ride and always wear protective gear.

"All too often after a crash, the drivers of other vehicles involved say they never saw the motorcyclist and were unable to respond in time," the Florida Department of Highway Safety and Motor Vehicles said in proclaiming safety month. "This is no excuse. Too many lives are being lost. The message to all driver is: make this the first year in recent years when motorcycle fatalities do not increase. Remeber that May is Motorcycle Safety Month. Do your part -- share the road with motorcycles."

Continue reading "Florida motorcycle lawyers promote message of Motorcycle Safety Awareness Month to reduce motorcycle accident deaths and injury" »

Florida Gov. Charlie Crist signed the state's tougher seat belt law during an afternoon ceremony today -- giving law enforcement permission to stop vehicles with unbelted front-seat passengers.

Florida ranks 35th in the nation in seat-belt usage. The National Highway Traffic and Safety Administration estimates the law will prevent 1,733 serious injury and save 124 lives on Florida roads each year. Florida injury lawyers represent hundreds of people each year who are seriously injured or killed in a car accident. We urge a comprehensive approach to safe driving as the best protection and remind motorists that even those wearing seat belts are often seriously injured or killed in Florida traffic collisions.

Current law, which passed in 1986, allows law enforcement to ticket unbelted front-seat adult occupants only after the vehicle was stopped for a moving violation. Minors can be stopped and ticketed under both the new and the old law.

The law allows for a $30 fine plus court and administrative costs.

The new law takes effect June 30 and is named after Dori Slosberg, the 14-year-old daughter of a former Boca Raton state representative killed in a car crash in 1996, and Katie Marchetti, a 16-year-old Brandon resident killed in a 2006 car crash.

NHTSA research shows 61 percent of the 1,201 people killed in automobile accidents in Florida in 2007 were not wearing seat belts.

"More than a thousand lives could have been savied if they had been wearing their seat belits," said Katie's mother, Laura Marchetti. "That's more than a thousand loved ones who are no longer here with us today ... and countless broken hearts."

Although both girls routinely wore their seat belts, they were not buckled up at the time of the fatal accidents. The Marchetti family has a website in their daughter's honor, www.katiesstory.com.

“The perseverance of former Representative Irv Slosberg and the Marchettis turned personal tragedy into a life saving initiative," said Florida Department of Transportation Secretary Stephanie Kopelousos. "Safety is the number one priority of the Florida Department of Transportation. We know this new law will save lives and reduce serious injuries on our roadways.”

The law makes the state eligible for a one time grant of up to $35.5 million, available to states with an 85 percent seat-belt compliance rate or a primary enforcement law by June 30 of this year.

Other states with primary seat belt enforcement are: Alabama; Alaska; California; Connecticut; Delaware; Georgia; Hawaii; Illinois; Indiana; Iowa; Kentucky; Louisiana; Maine; Maryland; Michigan; Mississippi; New Jersey; New Mexico; New York; North Carolina; Oklahoma; Oregon; South Carolina; Tennessee; Texas; and Washington.

Continue reading "Florida governor to sign tougher seat belt law aimed at reducing car accident injuries and fatalities" »

This week is Teenage Safe Driving Awareness Week as officials work to prevent Florida car accidents involving teenagers during prom and graduation season.

Florida injury lawyers encourage parents to talk to their teenagers about safe driving. Personal injury lawyers handle hundreds of car accidents each year involving teenagers in Southwest Florida.

Young drivers are four times more likely to get into a car accident -- and traffic crashes are the leading cause of death nationwide for people 15 to 24 years of age. A recent report found the Fort Myers/Cape Coral area to be one of the deadliest in the nation for young drivers.

Teenage Safe Driving Awareness Week, which Gov. Charlie Crist proclaimed as the week of April 20 to 25, is a great time to speak to your teen driver about the importance of safe driving habits.

"We want teens to enjoy this special time in their lives, but we know they are the most high-risk drivers on our roads," said Electra Theodorides-Bustles, executive director of the Florida Department of Highway Safety and Motor Vehicles. "It is important that we work together in the community, in schools and at home to provide our teens with the right kind of education and tools to protect themselves and others on the road."

Locally, Lee Memorial Health Systems routinely offers a free young-driver's seminar to teenagers and/or their parents. The next course is available on April 28 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

Some things parents and teachers should discuss with teens:

• Don't drink and never drink and drive


• Don't get into a vehicle with a driver who has been drinking.


• Make sure everyone in the vehicle is buckled up - it's the law.


• Keep a cell phone on and easily accessible, so parents and guardians can reach you.


• If you do get into a situation where you need assistance, call your parents or another trusted adult.


• Limit the number of passengers in the vehicle to eliminate distractions.


• Do not text or talk on a cell phone while driving -- pull over and park if you have to text or call someone.


• Driving is a privilege -- don't lose it.

"Florida law enforcement will maintain the zero tolerance stance for drunk drivers no matter the time of year of the persons' age," said Col. John Czernis, director of the Florida Highway Patrol. "Drivers under the age of 21 with a blood alcohol level of .02 percent or more will have their license suspended for six months. No exceptions."

Continue reading "Teen safe driving awareness seeks to prevent Florida car accidents, serious injury, wrongful death during prom and graduation season " »

Finding a personal injury or wrongful death attorney that goes the extra mile for clients can make a big difference if your or a loved one are seeking compensation as a result of a car accident, motorcycle accident, trucking accident or other Florida personal injury case.

Trial attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, spent the weekend working with a focus group to fine tune strategy for an upcoming trial.

"We do it to try to forecast and predict the feelings of the potential jury. It helps us to understand how to better present our case so that we can cover the issues that are important to the jury," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. "It gives you excellent insight into the issues that are in people's minds that you might not otherwise consider."

Attorney Preston Scheiner said convening such groups during trial preparation is another way the firm ensures clients are getting the best representation the firm's four decades of experience can provide.

Fourteen Southwest Florida residents recruited at random, through churches and other organizations, were brought together at an off-site location in Fort Myers to hear the case.

Lunch was provided to the participants, who received a small stipend, but the names of the firm, the attorneys and the client were withheld so that verdicts and opinions could be formed free from any associated bias or influence.

The event was filmed and each of the 14 mock jurors was asked to complete a form and offer input at various stages of the proceedings. They were then split into two groups for deliberations and separate verdicts.

"You learn an incredible amount because you step outside the looking glass and you see the facts from a different perspective," Attorney Preston Scheiner said. "You also come to understand how opinions in the community can come to bear on a particular case."

The event also provided an opportunity to help educate the public about the trial process, the challenges of helping someone through a personal injury claim and the benefits of finding a qualified firm to protect their rights.

"Thanks so much for the opportunity -- it was awesome," one participant wrote to an event organizer. "Never had I experienced anything like that before. Please consider me again next time -- I would love to be a part of it."

Continue reading "Fort Myers personal injury lawyers test case before mock jury to better prepare client's case for trial" »

In the wake of last week's series on www.injury-lawyer-florida.com about the hazards of aggressive driving, speeding and distracted and drowsy driving, Florida Injury Lawyers has found a comprehensive Internet resource to provide drivers with a refresher course of safe driving tips.

For most of us, driving has become a commonplace activity. Yet it is the only potentially deadly activity most of us engage in on a daily basis. Having written about what not to do, here is a look at 70 safe driving tips we could all benefit from reviewing.

As RoadTrip America put it in debuting its 70 Rules of Defensive Driving: "It's not something we ... like to dwell upon but about 50,000 people die each year in collisions on the roadways of the United States."

Please click here to visit the entire list, courtesy of RoadTrip America, which provides additional information on each safety tip.
1) Pay Attention
2) Don't Trust Nobody!
3) Yield Anyway
4) Don't Speed
5) Don't Drive Impaired
6) Wear Your Seat Belt
7) Buy and Use Other Safety Devices
8) Motorcyclist Protect Thyself!
9) Don't Run Red
10) Drive Precisely
11) Chill Out
12) Look Down the Road
13) Create Space & Use the two-seconds-plus rule
14) Drive to Communicate
15) Drive Predictably
16) Always Signal Your Intentions
17) Know Your Blind Spots
18) Avoid Distractions
19) Avoid Backing Up
20) Beware of Intersections
21) Be a Freeway Pro
22) Know How to Stop
23) Know When to Use Headlights
24) Slow Down in Rain or Snow
25) Maintain Your Vehicle's Tires

Click here for all 70 rules from RoadTrip America, complete with descriptions and other advice for each rule.

Continue reading "Florida injury lawyers urge frequent review of safe-driving habits to help prevent car accidents, trucking accidents, motorcycle accidents in Southwest Florida" »

In Part 3 of its three-part series on preventable traffic crashes, www.injury-lawyer-florida.com looks at the dangers of sleepy and distracted driving.

Florida injury lawyers handle hundreds of car accidents, motorcycle accidents and trucking accidents each year. In many instances, distracted driving is a cause of the traffic crash.

Evidence that distracted driving in all its forms is a leading cause of as many as 4 out of every 5 crashes has Florida considering banning cell phones behind the wheel.

A landmark study by the National Highway Traffic and Safety Administration and the Virginia Tech Transportation Institute found 80 percent of crashes and 65 percent of near crashes involved some form of driver inattention in the three seconds leading to the crash. Primary causes of driver inattention are distracting activities, such as cell phone use and drowsiness.

"This important research illustrates the potentially dire consequences that can occur while driving distracted or drowsy," said Jacqueline Glassman, of the NHTSA. "It's crucial that drivers always be alert while on the road."

Florida lawmakers are considering several legal changes banning cell phone use and/or text messaging by drivers. One version, known as Heather's Law, is named for a young north Florida woman who was killed on her way to the wedding planner in a crash with a semi driver who was allegedly text messaging.

While 1 in 7 drivers admitted to text messaging while driving, nearly half of teen drivers admitted sending text messages or e-mail while behind the wheel of a car.

If adopted, Florida would join five other states that ban cell phone use by drivers, including Washington, California, New York, New Jersey, Connecticut, and Washington, D.C.

Key findings of the national study include:
* Drowsiness is a significant problem that quadrupules a driver's risk of a crash or near-crash. Drowsy driving may be significantly under-reported in police crash investigations.
* The most common distraction for drivers is the use of cell phones. However, the number of crashes and near-crashes attributable to dialing is nearly identical to the number associated with talking or listening. Dialing is more dangerous but occurs less often than talking or listening.
* Reaching for a moving object increases the risk of a crash or near-crash by 9 times; looking at an external object by 3.7 times; reading by 3 times; applying makeup by 3 times; dialing a hand held device by 3 times and talking or listening on a hand-held device by 1.3 times.
* Drivers are often unable to predict when it is safe to look away from the road to multi-task because the situation can change abruptly, leaving the driver no time to react.

According to www.drowsydriving.org, at least 100,000 police-reported crashes a year are the direct result of driver fatigue. Each year, drowsy-driving crashes result in at least 1,550 deaths, 71,000 injuries and $12.5 billion in losses.

Studies show that drowsiness can cause:
* Slower reaction time.
* Impaired judgment and vision.
* Decline in attention to important signs, road changes and the actions of other vehicles.
* Decreased alertness, preventing you from seeing an obstacle and avoiding a crash.
* Increased moodiness and aggressive behavior.
* Problems with processing information and short-term memory.
* Microsleeps -- brief 2/3 second sleep episodes.

Countermeasures to prevent a fall-asleep crash while driving:
* Watch for the warning signs of fatigue.
* Stop driving -- pull off at the next exit or rest area, or find a place to sleep for the night.
* Take a nap -- find a safe place to take a 15-20 minute nap (more than 20 minutes can make you groggy for 15 minutes or more after waking).
* Consume caffeine -- the equivalent of two cups of coffee can increase alertness for several hours, and usually takes about 30 minutes to enter the bloodstream.
* Try consuming caffeine before taking a short nap to get the benefits of both.
* Let a passenger take over the driving.

Safety is not an accident -- you can take specific actions to be a safe driver and passenger.

Continue reading "Florida Injury Lawyers urge motorists to avoid distracted and drowsy driving to prevent Southwest Florida car accidents" »

Speeding and traveling at speeds unsafe for road, traffic and weather conditions is the focus of Part 2 of Florida Injury Lawyer's three-part series on the high number of traffic accidents caused by aggressive drivers, unsafe speed and distracted and sleepy drivers.

Florida injury lawyers handle hundreds of car accidents, motorcycle accidents and trucking accidents each year caused by unsafe speed throughout Southwest Florida, including Naples, Bonita Springs, Lehigh Acres, Fort Myers, Cape Coral, Venice, Port Charlotte, Punta Gorda and Sebring.

The National Highway Traffic and Safety Administration estimated 15 years ago that speeding cost society $44,193 a minute: That's $63 million a day!

In 2006, more than 50 people lost their life to traffic crashes in each of Florida's 67 counties and speed was often a contributing factor.

Federal statistics show speed is a contributing factor in 1 out of every 3 fatal car crashes.

Speed reduces a driver's ability to steer safely around curves or objects in the roadway and it extends the distance required to stop a vehicle in an emergency.

Crash severity also increases with speed. Inversely, the effectiveness of restraint devices like safety bags and seat belts, and vehicle construction features like crumple zones, decline as impact speed increases.

The probability of death, disfigurement or debilitating injury doubles for every 10 mph over 50 mph, according to government statistics.

Many drivers don't consider these dangers. They slow their speed in neighborhoods or when the weather turns bad. To them, a few miles an hour over the speed limit is an acceptable risk. They believe that the worst that can happen to them is they'll get a speeding ticket.

But the facts are clear: Driving too fast for conditions or exceeding the speed limit can kill you.

Speed facts:
* Rural roads account for over 60 percent of all speed-related fatal crashes.
* 2 of every three speed-related crashes involve a single vehicle.
* 60 percent of all speed-related fatal crashes occur at night (6 p.m. to 6 a.m.).
* Drivers involved in speed-related fatal crashes are more likely to have a history of traffic violations.
* On average, 1,000 Americans are killed every month in speed-related crashes.

Youth and Speeding:
* Of all drivers under 24 involved in fatal crashes, 32 percent were speeding.
* Of all drivers under 21 involved in fatal crashes, 38 percent of the male and 24 percent of the female drivers were speeding.

Save gas -- slow down:
* Fuel consumption increases steadily above 45 mph. Cars and light trucks use 50 percent more gas traveling at 75 mph than they do at 55 mph.

Continue reading "Florida Injury Lawyers urge motorists to obey speed limit, reduce car accidents, serious injury, wrongful death" »

This week Florida Injury Lawyers is publishing a trio of articles on www.injury-lawyer-florida.com focusing on behavior that frequently leads to personal injury and wrongful death in preventable car accidents: Aggressive driving, speeding and distracted and sleepy driving.

Florida accident lawyers handle hundreds of cases each year involving car accidents, trucking accidents and motorcycle accidents caused by the negligence of aggressive drivers.

This is not an abstract threat -- you are either at risk or putting people at risk of a car accident or other traffic crash. Consider this: In 2006 alone, an average of more than 700 crashes occurred every day in the State of Florida -- claiming 3,365 lives, or more than 50 people killed in a Florida car accident in each and every county in the state.

Aggressive drivers are some of the highest-risk drivers on the road, according to the National Highway Traffic Safety Administration. They climb into the anonymity of an automobile and take out their frustrations on anybody at anytime. Their concern for fellow motorists is low.

They run stop signs and red lights, speed, tailgate, weave in an out of traffic, pass on the right, make improper and unsafe lane changes, make hand and facial gestures, scream, honk and flash their lights.

Signs you are an aggressive driver:
* You express frustration behind the wheel: Taking out frustrations on other drivers can lead to violence or a crash.
* You fail to pay attention when driving: Talking on the phone, reading, eating, drinking, applying makeup and other distractions are a major cause of traffic crashes.
* You tailgate: This is a major cause of crashes, which too often leads to serious injury or death.
* You run red lights: Do not enter an intersection on a yellow light. The several minutes you might save could cost you your life. Remember that flashing red lights should be treated as a stop sign.
*You speed: Going faster than the posted speed limit, or than road conditions or traffic will safely allow, is a frequent cause of serious car crashes.

Strategies for Safer Driving

*Concentrate: Don't allow yourself to become distracted by anything but the task of driving.
* Relax: Tune the radio (while stopped) to your favorite station and relax. Music can calm your nerves and help you enjoy your time in the car.
* Don't speed: Fewer crashes happen when vehicles are traveling at or about the same speed.
* Identify alternative routes: Even if it looks longer on paper, you may find it less congested.
* Use public transportation: It can give you a much-needed break from life behind the wheel.
* Just be late: If all else fails, be late. You will still arrive at your destination sooner than if you cause a serious car accident that injures you or someone else.

When confronted with aggressive drivers:
* Get out of the way.
* Put your pride aside: Do not challenge them by speeding up, becoming aggressive yourself, or trying to hold your own in your lane.
* Avoid eye contact: It sometimes enrages an aggressive driver.
* Report serious aggressive driving: You or a passenger may call police. But if you use a cell phone, pull over to a safe location.

Continue reading "Florida Injury Lawyers caution motorists to avoid aggressive driving, prevent car accidents, serious injury, wrongful death" »

South Florida support for preventing serious injury and wrongful death in car accidents caused by distracted drivers could result in a new law banning cell phone use by drivers.

Florida car accident lawyers and personal injury and wrongful death attorneys in Southwest Florida represent hundreds of motorists who are injured or killed each year as a result of distracted driving.

"Stay Alive ... Just Drive!" has announced a joint agreement with "Safety as Floridians Expect," (SAFE), supporting a state and federal ban on text messaging while driving.

The partnership moves all of South Florida to the forefront in the fight against distracted driving. "Stay Alive ... Just Drive," is a driver-safety and awareness organization founded by retired Fort Myers-area paramedic Jay Anderson in Southwest Florida. SAFE is a fast-growing Southeast Florida based education and advocacy group.

Both the Florida House and the Florida Senate are debating measures that would ban text messaging and/or cell phone use by drivers.

There's a multitude of bills in the House and the Senate," Anderson said. "Based on what's happened across the country, there is an increased awareness of the dangers, especially the text messaging. I think we have an opportunity to join other states and it's long overdue."

If adopted, Anderson said Florida would join five other states that ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

Anderson said the time has come to get real about cell phone use by drivers.

"Realistically, we all have to think about the times it's just not proper to use your cell phone," Anderson said. "Operating a motor vehicle is one of those times. A cell phone and texting ban will help protect all those who use our roads."

SAFE Chairman Jim Smith said it is time for lawmakers to act.

"Text messaging is responsible for many unnecessary deaths on our streets and highways," Smith said. "The only way it can be stopped is by adopting a law banning driver text messaging. It's time for legislators to put people's safety ahead of cell phone lobbyists' interests."

Continue reading "South Florida groups seek to reduce car accidents, serious injury, wrongful death by banning text messaging, distracted driving" »

A tougher seat belt law that would allow law enforcement to stop and ticket violators is moving through Florida's lawmaking process this month and has a better chance of becoming law than in recent years when lawmakers returned to their districts without voting for passage.

Florida auto accident and wrongful death lawyers handle hundreds of cases each year in which drivers and passengers are seriously injured or killed in car accidents, trucking accidents and other highway collisions. Florida injury lawyers urge a comprehensive approach to safe driving as the best protection -- even those wearing seat belts are often seriously injured or killed as the result of a traffic collision.

House Bill 1 and its companion, Senate Bill 344, would permit officers to stop and ticket offenders. Current law allows for seat belt violations to be issued only when a driver has been stopped for another offense.

While only a small percentage of introduced bills become laws each year, the proposal has the support of the American Automobile Associate (AAA) and other advocates for road safety.

"We do feel like we have some momentum this year," Amy Stracke, AAA's managing director of member and business advocacy, told injury-lawyer-florida.com.

Stracke said the issue has passed through the House in each of the last several years but died without being heard in Senate Committee. This year's bill is moving through the process in the Senate. To become law, both the House and the Senate must approve the measure. Any bill that does not pass before lawmakers adjourn in the spring must start the process over again the following year.

Florida would join 26 other states, the District of Columbia and Puerto Rico, in making seat belt violations a primary traffic offense.

Nationally, AAA reports traffic-related injuries are the leading cause of death for people ages 4 to 34.

*29 percent of unrestrained vehicle occupants (or about one in three) are ejected from a vehicle or killed during an accident.

* Three out of four people ejected from a vehicle are killed.

* Only 1 percent of occupants wearing a seat belt are ejected.

* Safety belt usage is an average of 10 percent higher in states with primary enforcement.

In Florida, AAA reported 1,203 people who were not wearing seat belts were killed in traffic accidents in 2007.

* In 2007, more than 850 Floridians were saved by seat belts.

* Supporters estimated the improved law would save 124 lives and prevent more than 1,700 serious injuries each year in Florida.

* Supporters contend that 92 percent of the general public in Florida favors standard
enforcement for all vehicle occupants over the age of 18.

AAA and other groups pushing for the law also argue it is the fiscally responsible thing to do.

* A primary enforcement law would save Florida over $140 million in insurance, Medicaid and other related health care costs during the first year.

* Florida is eligible to receive more than $35 million from the federal government if the law passes.

* Unbuckled crash victims' medical costs are 50 percent higher.

* A decade-long study at the Elvis Presley Trauma Center in Memphis concluded that comapred to those who were not restrained, patients who used seat belts and airbags together were 50 percent less likely to die in the hospital and treatment costs at the hospital would have been reduced by $60 million over the course of the study.

Continue reading "Tougher seat belt law could save lives, prevent injuries in Florida car accidents, supporters contend" »

Riders and Other Advocates for Road Safety (ROARS) is mounting a community action campaign aimed at reducing road accidents in Southwest Florida.

"We stand behind any cause that seeks to reduce accidents on our roads," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers, which has been dedicated to fighting for the rights of accident victims in South Florida since 1971. "Groups like ROARS can make a real difference, particularly in a tough economy when local and state governments often reduce public-safety spending for education and other awareness programs."

The group will seek to educate the public in an effort to reduce the number of car accidents, truck accidents, motorcycle accidents and bicycle and pedestrian accidents throughout Southwest Florida, including Fort Myers, Cape Coral, Lehigh Acres and Bonita Springs.

"Though there are many reasons for fatalities on our highways, it is truly the belief of this advocate that an alarming amount of these crashes can be avoided," said Frankie Kennedy, founder and chairman of ROARS.

When it comes to motorcycle fatalities, Kennedy said 85 percent are the result of a vehicle's failure to yield the right of way.

"Most people do no see the motorcycle and, because of its size, they nearly always misjudge its speed," Kennedy said. "Associates and Bruce L. Scheiner, Personal Injury Lawyers, has supported the motorcycling community for many years and with their help, we are working very diligently to get our message out."

Kennedy said the group will focus on all forms of road safety as it seeks to educate the public and maintain safety awareness.

ROARS also is active in educating young drivers.

"We will bring our program anywhere we can get a gathering of interested drivers," Kennedy said. "We currently bring a motorcycle safety and driver-awareness seminar to all the local high schools in Lee County and we have touched thousands of student drivers since we started the program. It is of the utmost importance to reach as many people as possible."

Citizens are encouraged to join with ROARS and engage in programs and activities designed to raise public awareness in their communities. The coalition strongly advocates grass roots efforts in the areas of voter registration and the development of proactive relationships with the state's legislators to promote innovative ways to make streets, roads and highways safer for Florida residents and visitors.

ROARS recognizes the inherent dangers associated with every mode of transportation and understands the need for a purposeful and united effort by all drivers, riders and pedestrians to reduce loss due to injuries and death.

For more information about ROARS, please contact Chair and Founder Frankie Kennedy at 239-849-9065 or e-mail swchief2000@yahoo.com.

Continue reading "Associates and Bruce L. Scheiner, Personal Injury Lawyers, supports prevention of car accidents, truck accidents, motorcycle accidents in Southwest Florida" »

A tragic Southwest Florida drunk driving crash that claimed the life of an Iraq war veteran home for the holidays, and critically injured his wife, has been set for criminal trial.

Florida personal injury lawyers and wrongful death attorneys continue to urge Southwest Florida motorists to use common sense and avoid the preventable carnage caused by drinking and driving.

Victims of drunk driving crashes can benefit from seeking immediate advise from a experienced Florida personal injury attorney.

Army Staff Sgt. Danny Beougher was killed Dec. 8, 2007 on Hancock Bridge Parkway. His wife, Lauren Beougher, was critically injured after authorities allege a truck driven by Ashley East, 26, crossed the median and slammed into the couple traveling home for the holidays with Christmas presents for family members packed into their Cherokee.

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

The criminal trial against East has been set for April 27-- nearly a year-and-a-half after the crash. East faces multiple charges, including DUI manslaughter leaving the scene of an accident causing death and serious bodily injury. East has been in Lee County jail since authorities allege that she fled following the crash and was arrested getting off a Greyhound bus in New Jersey.

Danny Beougher was a decorated war veteran who served in both Iraq and Afghanistan.

Near the time of the accident, the five-year Iraq War had claimed the lives of 4,036 American soldiers. By comparison, 16,855 people in the U.S. died of alcohol-related crashes in 2005 alone, according to the Center for Disease Control and Prevention.

Continue reading "Tragic Florida drunk driving crash set for trial in Lee County, Florida" »

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" »

A new education program aimed at increasing awareness of the dangers of distracted driving is now available in Southwest Florida.

Florida injury lawyers and personal injury attorneys routinely handles crashes caused by distracted drivers and urge motorists to pay attention to the road for their own safety and the safety of those around them. Distracted driving often contributes to car accidents, motorcycle accident, trucking accidents, and accidents involving bicycles and pedestrians throughout Southwest Florida.

The program -- offered by "Stay Alive... Just Drive!" and its founder, retired Fort Myers-area paramedic Jay Anderson -- is available for purchase or for presentation to non-profit and other groups as an educational resource.

"It's a very comprehensive presentation aimed at raising the awareness of distracted driving in all forms," said Anderson, who likens distracted driving to driving while impaired by alcohol or other drugs.

Anderson is supporting Heather's Law -- Florida Senate Bill 172, which will be debated in the upcoming spring session of the Florida legislature -- which would make it illegal to talk on the phone or text message while driving.

"Results of various studies have proven the dangers of distracted driving and obviously people are not going to make an attempt by themselves," said Anderson of the law. If passed, Florida would join half-a-dozen states with similar restrictions.

The law is named for a Florida teenager who was killed in a crash with a truck driver, who was allegedly text messaging at the time.

The distracted driving presentation "LOL I"M NT BSY I'M ONLY DRIVING," takes about 60 minutes.

Anderson said the typical driving distraction lasts three seconds -- enough time for a car going 45 mph to travel more than half the length of a football field.

A 2006 study of 100 drivers by Virginia Tech Transportation Institute found driver distractions are the cause of 80 percent of vehicle crashes and 65 percent of near misses.

Those wanting more information can call "Stay Alive ... Just Drive!" at (239) 340-8693.

Continue reading "Distracted driving prevention program aimed at reducing car accidents in Southwest Florida" »

Fewer drunk drivers cause fewer accidents and claim fewer lives in Southwest Florida drunk driving crashes because of the minimum drinking age of 21, according to the Lee County and national chapters of Mother's Against Drunk Driving.

Florida injury lawyers and personal injury attorneys in Fort Myers, Naples, Cape Coral and throughout Southwest Florida handle dozen's of cases in which an innocent motorist is seriously injured or killed by the senseless, careless and negligent acts of drunk drivers.

Mother's Against Drunk Driving came out swinging this week after a newsmagazine report on CBS' "60 Minutes" took up the issue of whether the 21-and-up legal drinking age nationwide actually contributes to instances of underage binge drinking among teens.

The 21-and-up law "saves about 900 lives a year," said Brenda Gellinger, local MADD president and family support coordinator for the Lee County Sheriff's Office. She said the "60 Minutes" program "missed the mark by not including the fact that changing the drinking age would only pass the buck to high school principals.”

The head of MADD nationally was even more outspoken.

"We are deeply disturbed by the so-called debate over the drinking age that has minimized the lifesaving benefits of the 21 law," said Laura Dean-Mooney, MADD's national president. "The 21 law saves lives -- 900 a year on the roadways, including those 21 and older impacted by underage driving and driving."

MADD said the current drinking age is supported by the American Medical Association, the National Transportation Safety Board, the International Association of Chiefs of Police and the Insurance Institute of Highway Safety.

Last fall, the presidents of 100 universities -- including Dartmouth, Virginia Tech and Duke, said the two-decades since the drinking age was raised from 18 to 21 in the mid-1980s have been unsuccessful in discouraging underage drinking. And some are arguing, like prohibition, the restrictions on young adults are forcing it underground, away form parents and adults who could teach moderation, and actually making the problem worse.

MADD counters that binge drinking and alcohol abuse have always been problems on college campuses -- and that alcohol abuse and dependence rates are actually higher for college students than non-college students, regardless of the drinking age.

Donna Shalala, president of the University of Miami and former U.S. Department of Health and Human Services Secretary, supports maintaining the drinking age at 21.

"As a three-time university president, I can tell you that losing a student to an alcohol-related tragedy is one of the hardest and heart-rending experiences imaginable," Shalala said. "It's not just the loss of life but the loss of the future and that potential that bright, young individual had to offer."

In the two decades since states began setting the legal drinking age at 21, the government estimates that 26,000 lives have been saved. Of the 5,000 total alcohol-related deaths among 18 to 24 year olds, 80 percent, or 4,000, were the result of traffic crashes.

Continue reading "Southwest Florida drunk driving reduced, lives saved because of minimum drinking age, MADD argues" »

Southwest Florida motorists should pay close attention at Lee County's most dangerous intersections, where serious car accidents are often a weekly occurrence.

Florida injury lawyers and personal injury attorneys often deal with serious personal injury cases resulting from car accidents, motorcycle accidents and trucking accidents at dangerous intersections in Fort Myers, Bonita Springs, North Fort Myers, Cape Coral and Lehigh Acres.

According to the Lee County Department of Transportation, 103,550 vehicles a day passed through the intersection of U.S. 41 and Cypress Lake/Daniels Parkway in the most recent year for which statistics are available. The 106 accidents, or almost two a week, make the Fort Myers intersection home to the most accidents in Southwest Florida.

However, Gunnery Road/Daniels Parkway and State Road 82 had the highest accident rate when figured by traffic volume -- 53 crashes, or more than one a week, despite serving just 32,950 cars a day, or less than one-third the number of cars at U.S. 41 and Daniels.

Below is a listing of some of the area's most dangerous intersections. Note that an intersection could have a smaller number of total accidents but rank higher in overall accident rate (accidents per vehicle) because of the amount of overall traffic at that intersection.

Dangerous intersections in Fort Myers led to a high number of car accidents at the following locations:
- Cypress Lake/Daniels Parkway and U.S. 41: 106 annual crashes is the most overall. Ranks 9th highest of 117 rated intersections according to the rate of accident per vehicle.
- Gladiolus Dr/Six Mile Cypress and U.S. 41: 94 annual crashes is second-highest overall. Ranks 11th of 117 rated intersections according to the rate of accidents per vehicle.
- College Parkway/Woodland Boulevard and U.S. 41: 79 crashes is third-highest overall. Ranks 13th of 117 rated intersections according to the rate of accidents per vehicle.
- Colonial Boulevard and Ortiz/Six Mile Cypress: 77 annual crashes is fourth highest overall. Ranks 16th highest of 117 rated intersections when adjusted for overall traffic figures.

Dangerous intersections in Lehigh Acres led to a high number of car accidents and other crashes:
- Gunnery Road/Daniels Parkway and SR 82: 53 accidents gives it the highest rate of accidents per vehicle of the 117 rated intersections in Lee County.
-Gunnery Road N and Lee Boulevard: 45 accidents gives it the 6th highest accident rate of 117 rated intersections in Lee County.

Dangerous accidents in Bonita Springs, Estero, San Carlos Park areas contribute to a large number of car accidents and other crashes:
- Corkscrew Road and Three Oaks Parkway: 43 accidents gives it the 7th highest accident rate of 117 rated intersections.
- Corkscrew Road and I-75 Exit 123 Northbound Ramp: 23 accidents is the 9th highest accident rate of 117 rated intersections.
- Alico Road and U.S. 41: 54 accidents is 17th overall.
- Bonita Beach Road and U.S. 41: 52 accidents is 24th highest accident rate of the 117 rated intersections.

North Fort Myers and Cape Coral intersections that have a high rate of car accidents and other crashes:
-Pondella Road and U.S. 41: 62 accidents is the 4th highest rate of the 117 rated intersections.
- Del Prado Boulevard S. and Veteran's Parkway: 64 accidents is 12th highest rate of accidents of the 117th rated intersections.
- Pine Island Road and U.S. 41: 55 accidents is 15th highest rate of 117 rated intersections.

Click here for a complete list of intersections.

Continue reading "Southwest Florida car accidents likely to occur at Lee County's most dangerous intersections" »

More than 100 car accidents were reported in the parking lots of area malls during the last 4 months of 2008, according to a recent article in The News-Press of Fort Myers.

Florida accident attorneys and personal injury lawyers urge motorists to use caution in parking lots, where accidents can happen as people pay less attention and are more lax about obeying stop signs and other traffic control devices.

In just the last 4.5 months of 2008, 129 car crashes were reported at Lee County's five malls.
- Gulf Coast Town Center in San Carlos Park topped the list with 33 car accidents.
-Edison Mall in Fort Myers was just one behind, with 32 car accidents.
- At Bell Tower Shops in South Fort Myers, 28 car accidents were reported.
- Coconut Point Mall logged 24 crashes.
- And Miromar outlets reported a dozen car accidents.

Numerous web resources offer parking lot safety tips, including:
- Obey traffic lanes and avoid cutting diagonally across lots.
- Obey traffic signs, including stop signs, crosswalks and yield signs.
- Use turn signals and obey other traffic laws as you would on a public street.
- Be vigilant in looking for pedestrians, bicycles and other traffic before moving.
- Watch for parents pushing baby carriages and strollers or people in wheelchairs.
- Use extra caution in looking for people or traffic behind you when backing out of a space.
- Don't race for a parking spot you think is about to be vacated.
- Obey the traffic flow patterns marked on the surface of the lot.

If you have been in a car accident in Southwest Florida, talking to a personal injury attorney can help protect your rights.

Some 148,000 people suffer a car accident each year without ever getting behind the wheel: They are injured by a closing car door in what the federal government has announced is the most common non-moving injury inflicted by automobiles.

For the first time, the National Highway Traffic Safety Administration has collected data for non-traffic related death and injuries and non-crash related death and injuries to the ways in which people are seriously injured or killed in or around automobiles.

"It shows you don't have to be in a moving vehicle to be seriously injured," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Florida Injury Lawyers point out such cases can involve legal questions surrounding car accidents, bicycle and pedestrian injuries, property and premise liability law, slip and fall issues, injuries to children, vehicle defect, defective product law and other legal issues.

"The bottom line is, if you are seriously injured you should contact a lawyer to examine whether you have a case," Scheiner said.

Such dangers are now being tabulated by the federal government, including: falls from vehicle, battery acid and antifreeze burns, jack accidents, tire explosions, window strangulation, and those injured or killed by being locked in the trunk.

"I don't think anyone until now had an accurate sense of the extent of vehicle-related injuries and fatalities that did not occur on a public highway," NHTSA spokesman Rae Tyson told Forbes Magazine. "It certainly underscores the risks that exist in a vehicle whether it's on the road or off, and I hope it will call some attention to some of those issues."

The new statistics also shed light on what the government terms Nontraffic crash fatalities and injuries, including single-vehicle crashes on private roads, collisions with pedestrians on driveways and two-vehicle crashes in parking facilities.

Bicyclists and pedestrians account for about half (614 of 1,159) of non-traffic crash fatalities and about a third (34,000 of 98,000) of non-traffic injuries.

Backovers, where drivers injure or kill a non-occupant by reversing over them, account for another 19 percent of fatalities and 14 percent of injuries.

Annual average of non-crash fatalities by type:
Struck by falling vehicle: 168
Accidental carbon monoxide poisoning from exhaust: 147
Fall from vehicle: 88
Vehicle fire: 57
Struck by Object: 44
Hyperthermia (excessive heat): 37
Hypothermia (excessive cold): 14
Poisoning: 9
Exploding Tire: 7
Vehicle window asphyxia: 5
Electrocution: 4
Drowning: 3
Closed in trunk: 3
Radiator fluid burns: 2

The government reported that 22 percent of injuries (164,000 of 743,000) occur as people enter or exit a vehicle: falls (84,000), striking a door or door frame (36,000) and in other situations such as sprains or strains while exiting (44,000).

Continue reading "Florida motorists warned of car accidents waiting to happen" »

A new study by the American Automobile Association's (AAA) Foundation for Traffic Safety found a four-fold increase in accidents by people who use cell phones while driving.

Young drivers -- already four times more likely to get into an accident -- were twice as likely to use a cell phone while driving, according to the AAA study and a survey by FindLaw.

Florida car accident lawyers urge motorists to avoid distracted driving and talk to their children about the dangers. National statistics show traffic accidents are the leading cause of death for young people ages 16 to 24.

Teenage drivers in Fort Myers and Cape Coral are among the most likely nationwide to be involved in a car accident or other traffic crash, according to a recent insurance report.

While 1 in 7 drivers admitted to text messaging while driving, nearly half of teen drivers admitted sending text messages or e-mail while behind the wheel of a car.

"Talking on the cell phone reduces concentration by about 37 percent," said Jay Anderson, a retired Fort Myers area paramedic and founder of "Stay Alive ... Just Drive," which promotes safe driving habits.

"Yet they get behind the wheel and convince themselves they are perfectly capable of multi-tasking," Anderson said."It had been questionable for a number of years, but recent studies have definitely proven how dangerous distracted driving has become."

The AAA study also reported: "The best available evidence suggests that it is no less hazardous for a driver to use a hands-free phone than to use a hand-held phone."

Synde Bultman, trauma injury prevention and resource manager for Lee Memorial Health System, said a recent study from the University of Utah showed drivers were more impaired from cell phone use that from driving legally intoxicated.

"They actually had more errors while they were on the cell phone than when they were drinking," she said. "You need to stay focused and keep your eyes on the roadway. At all times you need to watch what other drivers are doing around you."

Lee Memorial offers free seminars for young drivers and/or their parents. The next class is on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Anyone wanting more information can call (239) 336-6797.

Florida lawmakers are considering banning or restricting driving while talking on the phone and/or texting while driving. Four states -- Alaska, Minnesota, New Jersey and Washington -- already have such restrictions in place.

Did You Know:

-Using a cell phone while driving significantly impairs several aspects of driving performance, principally reaction time.
- Studies of the cell phone records of crash-involved drivers suggest that using a cell phone while driving is associated with roughly a quadrupling of crash risk.
- Two out of every three drivers believe that using a hands-free cell phone while driving is safer than
using a hand-held phone; however, the overwhelming majority of available evidence suggests that it is not.
-Over half of all drivers admit using a cell phone while driving at least occasionally; 16–17% report doing so regularly.
- Younger people are overwhelmingly more likely than older people to text message while driving— nearly half of survey respondents aged 18 to 24 admit doing so, whereas fewer than 5% of drivers aged 45 and older admit doing so.
- More than four out of five drivers rate drivers using cell phones as a serious or extremely serious traffic safety problem.

Continue reading "Young drivers twice as likely to text while driving -- four times more likely to crash" »

As the evidence continues to mount about the dangers teenagers face behind the wheel, Florida car accident attorneys an personal injury and wrongful death lawyers urge parents to talk with their children and make them aware of a growing list of local resources.

Statistics consistently show that motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Teen drivers ages 16 to 19 are four times likely to crash than older drivers.

And a recent insurance study reported that Fort Myers and Cape Coral was the deadliest metro area of its size nationwide for teen crashes through Christmas and New Year's and a hotspot for teenage accidents throughout the year.

The accident rate among teen drivers in Southwest Florida is increasing -- up 12.5 percent in 2006, when 233 teenagers were involved in accidents in Lee County. Toxic substances were involved in half the crashes among drivers 15 to 25.

The Florida Department of Transportation and the Department of Highway Safety and Motor Vehicles have debuted a website "Take The Wheel," which emphasizes the risks of teen driving. Geared toward teenagers, the edgy site offers video, real-life stories and other information for teens.

It reports a teenager is injured every 55 seconds in a crash and a teen dies in a car crash every 6.5 minutes -- or about a dozen times an hour.

Locally, Lee Memorial Health Systems routinely offers a free young-driver's seminar to teenagers and/or their parents. The next course is available on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

Continue reading "Florida teen driver resources aimed at reducing car accidents in Southwest Florida" »

Nearly 1 in every 4 drivers on Florida roads is driving without insurance, a number likely to increase with a souring economy. The trend is prompting Florida injury lawyers to encourage motorists to make sure their uninsured/underinsured motorist coverage is adequate in the event of a serious accident.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage Florida drivers to make sure they have uninsured/underinsured motorist coverage. It can be purchased as stacked or unstacked.

Florida Personal Injury Lawyer Preston J. Scheiner, said motorists with more than one vehicle are encourage to purchase stacked coverage because it affords the potential for better benefits in the event of an accident with an uninsured driver.

Scheiner said motorists should purchase as much coverage as they can afford. "It is relatively inexpensive compared to the cost of being hit by an uninsured driver," he said.

The recent report released by the Insurance Research Council ranked Florida as fifth-highest in the nation, with 23 percent of drivers without insurance, compared to a national average of 13 percent.

Florida joined New Mexico (29 percent), Mississippi (28 percent), Alabama (26 percent), and Oklahoma (24 percent) as the states with the highest number of uninsured motorists on the road.

While nationally the rate has decreased from 14.9 percent in 2003 to 13.8 percent in 2007, the Insurance Research Council reports the recent economic downturn is expected to trigger a sharp rise in the number of uninsured motorists on our roads.

"An increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments," said Elizabeth A. Sprinkel, senior vice president of the IRC.

Continue reading "Florida accident attorneys warn of possible spike in uninsured motorists" »

Lawmakers will tackle tougher seat belt enforcement and distracted-driving regulations as part of a 2009 agenda aimed at reducing car accidents on Florida roads.

Florida accident attorneys and the staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, handle hundreds of cases in which car accidents are caused by distracted drivers or in which unbelted motorists are seriously injured or killed in a collision.

The American Automobile Association (AAA) is pushing a measure that would make Florida's safety belt law a primary offense and permit traffic stops. Currently, motorists can only be cited for a seat belt violation if they have been pulled over for a traffic infraction.

Supporters of the measure estimate it would save 142 lives and prevent 2,019 injuries caused by Florida traffic accidents in the first year alone. The law also would make the state eligible for $46.1 million in federal incentives.

The National Highway Traffic and Safety Administration reports the nationwide seat belt compliance rate sat at 82 percent in 2007. But state-by-state compliance varied widely, from 64 percent in New Hampshire to 98 percent in Hawaii. States with primary enforcement laws enjoyed greater compliance, according to the statistics.

Florida ranks right in the middle in terms of its compliance rate, which has increased this decade, from 69.5 percent in 2001 to 79.1 in 2007. Nationally, it ranks 26 of the 50 states.

Florida lawmakers also plan to tackle the issue of distracted drivers with a number of potential laws addressing everything from cellphone use by teen drivers to text messaging.

Jay Anderson, a retired Fort Myers-area paramedic and founder of Stay Alive ... Just Drive supports a ban on the use of cellphones and text messaging by all drivers. Known as Heather's Law, the proposal is named for a Florida girl killed in a 10-car pileup caused by a truck driver who was allegedly text messaging.

If adopted, Anderson said Florida would join five other states that ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

In addition to these issues, AAA is supporting measures to regulate unnecessary towing regulations and will monitor bills related to transportation, toll roads, child restraints, driver education, red light cameras and accident taxes.

Anyone interested in getting involved in these issues can click here to sign up for AAA's Action e-list.

Continue reading "Causes of car accidents, serious injury targeted by Florida lawmakers" »

More than 30,000 child safety seats are being recalled this month, according to the National Highway Traffic Safety Administration, which warns the seats may fail to properly secure young passengers in the event of an auto accident.

Florida accident attorneys, defective product lawyers and child injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge parents to check their child seats to see if they are part of the recall and to make sure they are otherwise in proper working order.

Click here to enter your zip code into a national database for the nearest location for a safety seat inspection by a qualified professional. Such inspections are available free at many fire stations and hospitals throughout Southwest Florida, including Lee County, Charlotte County and Collier County.

The current recall affects 31,392 Britax Frontier child restraint systems. The child safety seats could fail to properly secure young passengers in the event of a crash, according to the NHTSA.

"It is extremely important that parents and caregivers are aware of the recall and take action to get their child restraints repaired," said NHTSA Acting Administrator David Kelly.

Britax is recalling the seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened one strap at a time. Affected models include the Britax Frontier models E9L54E7, E9L54H6, E9L54H7, and E9L54M6 manufactured on or before Sept. 14, 2008 and model E9L5490 manufactured on or before Sept. 17, 2008.

Click here for more information about the recall.

The NHTSA also encourages parents and caregivers to sign-up to receive updates about child seat recalls via e-mail. The agency's research shows that less than half of affected consumers respond to recalls.

"One of the reasons we see such a low return rate is because owners are difficult to reach if they have not registered the seat with us or the manufacturer," said Kelly.

Consumers can sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “E-mail” or “RSS” option to register. Consumers with questions about this or any other safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline 1-888-327-4236 (TTY: 1-800-424-9153).

Continue reading "Florida motorists, parents should check child seats to prevent injury" »

Florida motorists will pay more for speeding, running red lights and other traffic infractions under a plan to raise money from motorists to help cover the looming state budget deficit.

Accident attorneys and personal injury lawyers handle hundreds of car accident and motorcycle accident cases in Southwest Florida each year caused by speeding motorists and a recent study suggests 1 in every 4 accidents is caused by a motorist who ignored a traffic control device.

In recent years, the state substantially increased the cost of red light violations, with a portion of the proceeds going to trauma centers, including Lee Memorial Hospital.

The Miami Herald reports running a red light would cost $208 under the new plan, while speeding 25 mph over the limit will come with a $258 fine.

Additionally, lawmakers would impose a new $10 charge on all traffic infractions, ranging from expired tags to running a stop sign. And the plan would eliminate the 18 percent discount available to violators who go to traffic school. And it would also take away the rights of a judge to waive the fine.

In some areas, the cost could be even higher because counties and cities have the option of imposing additional charges.

The state estimates the increases will bring in an additional $63 million a year.

Under state law, drivers who do not pay their fines face having their driver's license suspended.

Continue reading "Will higher fines reduce Florida car accidents, reckless driving?" »

The News-Press of Fort Myers reported Tuesday that a dump truck ran a red light and crashed into a Lee County school bus, sending both drivers and two students to the hospital with unspecified injuries as a result of the Fort Myers dump truck accident.

The Florida car wreck attorneys and trucking accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to pay extra attention to large trucks on the road and use extra caution when near commercial trucks.

A dump truck can weigh 70,000 pounds when fully loaded -- more than 20 times the weight of a passenger car. A loaded semi can weight even more.

The dump truck, pictured here in a photograph by The News-Press, was heading westbound on Palm Beach Boulevard when authorities report that it failed to stop at the red light at Davis Boulevard, striking the southbound bus on the driver's side.

Continue reading "Dump truck runs red light, hits school bus in Fort Myers truck accident" »

Fatal traffic crashes dropped by more than 30 percent in 2008. However, nearly 1 in every 5 fatal accidents involved a motorcycle, according to preliminary data from the Florida Highway Patrol.

Officials point to a souring economy, fewer travelers and skyrocketing gas prices as reasons for the drop, according to an article in The News-Press of Fort Myers.

Car accident attorneys and motorcycle accident lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want to remind motorists to use caution on the roads as gas prices drop and we enter prime tourism season in Southwest Florida.

Please remember every season is motorcycle season in Southwest Florida and riders will be sharing the road with other motorists throughout the winter months.

The Highway Patrol reported 70 fatal accidents in Lee County last year, compared to 106 in 2007 and a record 150 in 2005.

Gas prices hit $4 a gallon this summer before dropping late in the year.

"When they were at $3.50 and $4 a gallon, people definitely were driving less," AAA Division Manager David Pojero told The News-Press.

Lee County Sheriff's Sgt. David Petracca indicated the cost of fuel also deterred some people from speeding and driving erratically as they sought to conserve fuel.

"They're a little more cautious," he said.

Law enforcement also expects to have issued more tickets in 2008 -- final numbers will be available later this month.

At least 17 percent of fatal crashes involved a motorcycle. Preliminary statistics suggest at least 12 motorcycle riders were killed on Lee County Roads in 2008.

The sheriff's office reported the last four fatalities it worked in 2008 involved a motorcycle rider.

Continue reading "Fatal traffic accidents decline in Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs" »

The dangerous and deadly business of running red lights at Southwest Florida intersections is increasingly caught on camera – a costly, if not fatal error for the driver and evidence increasingly used in court by criminal and accident lawyers.

Lee County is testing a camera at Colonial Boulevard and Summerlin Road, The News-Press reports, and cameras at other intersections could be on the way.

Orlando and Collier County, including the City of Naples, already use the cameras and have written local laws to get around a state prohibition against ticketing offenders based on video evidence (current state law only allows such ticketing for toll cheaters).

The accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge motorists to use caution at intersections. The firm has handled hundreds of cases where motorists are seriously injured or killed in an intersection accident because an offender was in a hurry and failed to stop at a red light or stop sign.

Lee County will use the camera to determine how many tickets it could issue and how many extra staff members it would take to process violators. State lawmakers are likely to take up the cause of allowing tickets to be issued this year, even without a special ordinance.

Detractors point out that vehicle owners would get the ticket in the mail, regardless of who was caught on camera driving. And there is some data to suggest that rear-end collisions have increased at intersections where cameras have been installed.

But the deadly issue is getting increased attention. Several years ago, the state doubled the cost of red-light tickets and passed a substantial portion of the proceeds on to trauma centers, including Lee Memorial Hospital, which deal with the carnage left in the wake of someone in too big of a hurry to pay attention to one of driving’s most basic safety requirements.

More than 13,000 crashes were reported at Lee County intersections during the last three years.

A recent nationwide study of deadly crashes at traffic signals found nearly 1 in 4 failed to obey the light, injuring more than 144,000 people nationwide in 2006. Nearly half the fatalities caused by red-light runners are pedestrians and vehicle passengers, according to information gathered by Jay Anderson, a retired Fort Myers-area paramedic and founder of "Stay Alive ... Just Drive," a campaign that urges motorists to concentrate on driving and avoid distractions like cell phones.

A 2007 California study found red-light runners were three times more likely to have multiple speeding convictions, were less likely to use seatbelts and drove smaller and older vehicles, further increasing their chance of serious injury or death.

Continue reading "Southwest Florida points cameras at red light violators, aims to reduce accidents" »

Florida drivers could be banned from using cell phones or text messaging while driving if retired Fort Myers-area paramedic Jay Anderson succeeds in pushing a new law aimed at reducing serious and fatal traffic crashes on our roads.

"Stay Alive ... Just Drive!", an organization Anderson founded, was named the Outreach Effort of the Year by the Lee County Injury Prevention Coalition on the same day he learned a Fort Myers driver caused a five-car pile up because she was text messaging.

Anderson, whose organization is vocal in warning of the dangers of using cell phones and other electronic devices while driving, said the accident is yet another payment toward the growing cost of a serious problem.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, which was named sponsor of the year by the injury prevention coalition but is not involved in the effort to push for the new law, urges motorists to pay attention to the road and put safety first.

"Heather's Law", named for 26-year-old Heather Hurd who died in January on U.S. 27 in a 10-car crash caused by a semi driver who was allegedly text messaging, began the lawmaking process this month when it was introduced by two state senators.

"It's very, very sad and totally preventable," said Anderson, of the crash, which claimed several lives and critically injured several others. He said Hurd was on her way to the wedding planner with her fiancé. Her parents were waiting at the wedding planner when authorities arrived to inform them of the tragedy. "People need to accept it -- these things are preventable. They are not accidents. Ninety percent of all crashes are the direct result of driver error."

Anderson said the fact that this was a semi driver accused of text messaging shows distracted driving is not limited to any one segment of society.

"It's becoming so obvious that I think it is making more people aware that it is a problem -- you can sit at any intersection and look left or right and you are going to encounter someone on a cell phone," Anderson said. "It encompasses all ages, from new drivers to people in their 80s."

While only a small percentage of bills introduced into the lawmaking process each year actually become law, Anderson is optimistic that Florida will join five other states that he said currently ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

"We are off to a good start and I think we have some great legislative support," he said.

Continue reading "Florida could outlaw cell phone use by distracted drivers in wake of fatal semi accident" »

The staff and attorneys for victims of drunk driving crashes at Associates and Bruce L. Scheiner, Personal Injury Lawyers, wish everyone a joyous New Year’s holiday and want to remind drivers of the message on dozens of the firm’s billboards throughout Southwest Florida: Enjoy the Holidays but Don’t Drink and Drive.

Law enforcement throughout the region will be out in force and there will be zero tolerance and no excuses as authorities seek to reduce the 20 fatal drunk driving crashes that occurred on Florida roads last year.

“We will be very vigilant this year as we always are,” said John Sheehan, spokesman for the Lee County Sheriff’s Office. The agency’s patrol area includes Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and Fort Myers Beach. “We will be everywhere.”

Mothers Against Drunk Driving estimates the cost of a drunk driving arrest at $8,000 to $11,000, including fines, attorney fees and increases in auto insurance premiums.

Statistics from the Florida Department of Highway Safety and Motor Vehicles show 38 people died on Florida roads during last year’s five-day New Year’s Holiday. Twenty died in alcohol-related fatalities – a 33 percent increase over an average five-day stretch. About three people die on any given day in Florida as a result of an alcohol related traffic crash.

“We will saturate certain areas where expect more human traffic and people out having a good time,” Sheehan said. “Avoid getting in trouble with law enforcement and avoid a potentially tragic situation.”

Officer Shawn Yates, of the Fort Myers Police Department said city officers also will be out in force and are cooperating with the Cape Coral Police and the Lee County Sheriff on a sobriety checkpoint at an undisclosed location to educate drivers and remove drunk drivers from the roads.

Charlotte County Sheriff John Davenport announced there will be saturation DUI patrols out New Years Eve and New Years Day looking for impaired drivers. Deputies will be out in force to prevent drunk driving crashes throughout the county, including Punta Gorda, North Port and Port Charlotte.

“Extra patrol units of the Traffic Safety Team and road patrol deputies will be watching for those who may drink and drive, or use drugs and drive,” department spokesman Bob Carpenter said.

Continue reading "Florida authorities patrol New Year's -- attorneys urge motorists to prevent drunk driving " »

Older motorists drive less but have a higher per-mile chance of a serious car accident or fatal crash as they age, according to a study released this month. But the report also found some good news for Southwest Florida, which has one of the oldest populations in the United States: Fatal car accidents involved 21 percent fewer senior citizens over 70 than a decade ago.

The car accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage motorists to use patience as we drive through the holidays and enter the height of tourist season, a time wrought with an increased number of visitors, snowbirds, tourists and others less familiar with our roads.

Crash rates and fatal crashes increase on a miles-driven basis starting at age 70 and rise substantially after age 80, according to the same study.

The study of 10-years of data from the Insurance Institute for Highway Safety said the overall decline in accidents among older drivers comes as the population of those over 70 increased by 10 percent. .

Reasons for the overall decline are unclear but another institute study suggests seniors are more often self-limiting their driving as they age and develop physical and cognitive impairments.

"The data doesn't allow us to point to any one reason why older drivers' fatal crash experience has improved," said Anne McCartt, author of the studies. "Some drivers may have benefited from newer and safer vehicles, and older people generally are more fit than in years past, with better access to health care."

There were 20 million licensed drivers over 70 -- 2 million more than a decade ago. And their chances of a serious accident per-mile driven remains high. As do the challenges of recovering from a serious accident.

"These trends have raised concerns about older drivers in fatal crashes," the report states. "Their fragility makes them vulnerable to getting hurt in a crash and then to dying from their injuries."

Three out of every four people who die in crashes involving older drivers are senior citizens, according to the report.

Continue reading "Chance of fatal crashes, serious accidents increase with age" »

Drunk Drivers in Southwest Florida and across the nation face heavy enforcement launched this week to prevent drunk driving accidents, serious injury and death on our roads this holiday season.

Attorneys who represent drunk driving victims and everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to act responsibly this holiday season and help prevent the tragic consequences of drinking and driving.

An $8 million national TV and radio ad campaign "Drunk Driving. Over the Limit. Under Arrest" will be complimented by stepped-up, high-visibility law enforcement using saturation patrols and sobriety checkpoints to help protect the millions of Americans traveling from now through the New Year's holiday, according to Mothers Against Drunk Driving.

"'Drunk Driving. Over the Limit. Under Arrest' isn't just a slogan, but a reflection of states' increasing intolerance of drunk driving," said Vernon F. Betkey Jr., chairman of the Governors Highway Safety Association. "No more excuses or exceptions. States are funding overtime enforcement, drunk driving checkpoints and saturation patrols to keep the roads safe during the holidays."

MADD reports travelers this year will share the roads with 2 million drunk drivers who have three or more convictions, including more than 400,000 with five or more convictions.

In Fort Myers, Cape Coral, Bonita Springs, Lehigh Acres and elsewhere in Lee County, traffic enforcement will be heavy through the holidays, according to Brenda Gellinger of the Lee County Sheriff's Office and the local MADD Chapter.

"The holidays are particularly dangerous, when road travel is the heaviest and drunk driving increases," said Gellinger, noting a recent year saw 1,317 people killed in alcohol-related crashes between Thanksgiving and New Year. "Enforcement works: Aggressive enforcement of drunk driving laws reduces the number of people who lose their lives as a result of drunk driving. Research has shown that highly publicized, highly visible and frequent sobriety checkpoints reduce fatal drunk driving crashes by an average of 20 percent."

Continue reading "Southwest Florida drunk drivers face holiday crackdown" »

Reducing deaths and injuries from car accidents in Southwest Florida, including Fort Myers, Naples and Cape Coral, is the goal of an enforcement blitz announced this week by the Florida Highway Patrol.

The auto accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge motorists to use extra caution on our roadways this holiday season and want you to know there are certain things you can do to protect your rights in the unfortunate event that you or someone you love is in an accident this holiday season.

The patrol has announced it will start a statewide traffic enforcement operation focused on speeding and aggressive drivers.

"The purpose of this traffic enforcement initiative is to reduce traffic- related deaths and injuries in Florida," said Col. John Czernis, director of the Florida Highway Patrol. The blitz has been dubbed Operation Safe Ride. "The Florida Highway Patrol will continue a zero tolerance police toward hazardous moving violations, such as speeding and aggressive driving."

The patrol announced it will use all available personnel for the operation, which will target violators by use of RADAR, LASER, motorcycles and marked and unmarked patrol cars. Troopers piloting FHP aircraft also will be used to target violators.

Enforcement will be focused on every Interstate, including I-75, Florida's turnpike and other major state roads.

Continue reading "Southwest Florida car accident prevention goal of increased enforcement" »

Motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Car accident attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, want you to know Lee Memorial Hospital offers a free Young Driver Program.

"All too often young people don't recognize potential consequences without some tangible proof," according to program organizers. "The program will educate young drivers on different legal issues involved with driving and also how to stay focused on driving and the responsibilities that go along with the driving privilege."

The Young Drivers Program will be held at Lee Memorial Hospital in the auditorium once monthly. Class will be from 5:30 - 8:30 p.m. and is FREE to young drivers and their parents. To register for the program please contact Syndi Bultman (239) 336-6797.

Continue reading "Young Driver Program offered to prevent car accidents in Fort Myers, Lehigh Acres, Bonita Springs, Cape Coral" »

Increased patrol will be aimed at reducing car accidents and drunk driving crashes this Thanksgiving holiday as authorities seek to reduce serious injury and wrongful death on Florida highways.

“The Thanksgiving Holidays are typically a time of heavy traffic as people travel to spend time with their families so we urge everyone driving on our highways during the holiday period to drive carefully,” said Colonel John Czernis, director of the Florida Highway Patrol. “Allow yourself plenty of time to reach your destination safely, drive sober and buckle up on each and every trip. The holidays are a time for celebration, but we cannot forget safety behind the wheel.”

The patrol cites failure to drive carefully and wear safety belts, along with drunk drivers, as primary causes of accidents through the holiday.

“Since Thanksgiving always produces a high volume of traffic, the Florida Highway Patrol will increase its presence on Florida roadways during the upcoming five-day holiday period,” Czernis announced.

The patrol said it will use troopers normally assigned to administrative duties as well as auxiliary and reserve troopers to patrol high-volume roadways.

Continue reading "Preventing holiday traffic accidents goal in Southwest Florida" »

A surprise fact and a cautionary message for Florida motorists: The Thanksgiving Holiday is the year's deadliest for car accidents and other crashes on Florida roads, according to a five-year average of fatalities compiled by the Florida Department of Highway Safety and Motor Vehicles.

Everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers, wishes you a happy and safe Thanksgiving Holiday and urges you to use extra caution while traveling to spend time with friends and loved ones.

On average, 53 motorists are killed -- 21 of those as victims of DUI crashes or other alcohol-related accidents -- on Florida roads each Thanksgiving.

"It's an extremely busy holiday period and the beginning of the holiday season," said Capt. Mark Welch of the Florida Highway Patrol.

Welch noted the length of the Thanksgiving Holiday (120 hours measured Wednesday through Sunday) is the big reason for its high tally of fatal accidents. But heavy traffic and the long-weekend's place at the gateway to the holiday season should make motorists extra cautious.

"Our message to the motoring public is to give yourself plenty of time to reach your destination, drive the speed limit, wear your seat belt and don't drink and drive," Welch said.

Christmas and New Year are at the bottom of the list of deadliest holidays, with 34 and 31 deaths respectively. However, New Year is often the shortest holiday period measured at 48-72 hours. It's fatality rate puts it at the top of the list along with Memorial Day for the holiday with the deadliest rate -- one road fatality every two hours.

"We all like to get together with our friends and our families but just do it responsibly," said Brenda Gellinger of the Lee County Sheriff's Office and Mothers Against Drunk Driving. "Have a designated driver, or stay put or call a cab."

Click here for advice about what to do after an accident.

Continue reading "Thanksgiving Holiday is year's deadliest on Florida Roads" »

A 15-year-old girl suffered head and back injuries after she fell off a horse.

A 13-year-old girl burned her arm, leg and abdomen cooking noodles.

President-elect Barack Obama’s aide, Valerie Jarrett, fell off a curb in Chicago and sprained her ankle.

The culprit? Text messaging.

There is increasing evidence that text messaging is contributing to serious injury, according to retired EMS Captain Jay Anderson, who cited the examples above in a recent paper released by the Lee County Injury Prevention Coalition.

Anderson, who also is the executive director of “Stay Alive ... Just Drive,” said the first public awareness of the dangers of text messaging came in June 2007 on a rural highway in upstate New York, when five young women just out of high school died in an accident. Records indicate a text message was sent from the driver’s phone 38 seconds before the first 911 call.

The American College of Emergency Physicians recently warned that being distracted by text messaging at inappropriate times, such as while cross the street, can result in serious injury or death.

“People assume that driving while text messaging is the most dangerous,” Anderson said. “(But) physicians from around the country now cite rising reports of injuries involving texting while walking, bicycling, boating, rollerblading or jogging.”

Two deaths have been reported in California as a result of people walking into traffic while texting.

"We tend to believe we’re capable of multitasking, but in fact we are not,” Anderson said, noting it only takes a split second at 45 mph for everything to change. “Awareness is the key to understanding how one second can change a life forever.”

Anderson and the Lee County Injury Prevention Coalition provided the following 5 safety tips:

Continue reading "Car accidents, pedestrian and bicycle crashes can be caused by distracted text messaging" »

Florida motorists were more likely to die in a car accident or other traffic crash in 2007 than anywhere else in America except California and Texas.

But statistics recently released by the Florida Department of Highway Safety and Motor Vehicles and the National Highway Traffic Safety Administration did have some good news -- for the first time in at least a decade Florida's traffic fatalities declined for the second year in a row, from 3,357 in 2006 to 3,214 in 2007.

Nationwide, deaths declined to 41,059 in 2007 from 42,708 in 2006. The decline was attributed to proactive measures by law enforcement and safer vehicles.

It is important to take certain steps to protect your rights after an accident. If you or someone you love has been seriously injured or killed, you can contact a lawyer with experience in representing Florida accident victims, like those at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, has been representing Florida accident victims for four decades and will meet with you free of charge to discuss your case -- in your home or hospital room or at any of the firm's offices in Fort Myers, Naples, Cape Coral, Sebring, Port Charlotte, Venice and Arcadia.

The weekend -- Friday to Sunday -- continued to be the most dangerous time on the road with overnight Friday and Saturday (midnight to 3 a.m.) the most deadly time of the week, according to the data. Saturday and Sunday afternoon from 3 p.m. to 7 p.m. also saw significant spikes in fatal accidents.

Tourist season -- November to May -- saw a large increase in the number of accidents corresponding with increased traffic and congestion. March was far and away the most dangerous month on the road with 25,000 crashes and more than 300 fatalities.

Area accident statistics for 2007:

Continue reading "Florida Traffic Deaths third-highest in nation" »