You may have noticed. There are new digital traffic message boards popping up on roadways throughout Lee County. According to NBC2, these boards cost the county nearly $6 million, but safe-driving advocates are saying it's the cheap way to reduce heavy traffic. The new system is called the Intelligent Transportation System and will work much like the ones you see on the interstate. The new signs are being used to warn drivers of traffic delays, road conditions, Amber Alerts, weather conditions and car accidents in Cape Coral and in Fort Myers.

Our Cape Coral car accident lawyers understand these signs were implemented by the county as a cheap way to reduce traffic in the area. Multi-lane projects can cost nearly $30 million. This sign project was less than $6 million. A lot of residents are saying that these signs aren't going to fix anything. Many are worried drivers will become too reliant on these signs. Some are also saying these signs are taking away drivers' self-sufficiency.

Officials backing the project strongly disagree.

The system isn't fully operational yet. It's about to start a thirty-day testing period. Officials believe it will be fully operational come March.

Tower says that drivers traveling from Fort Myers to Cape Coral and back will be alerted to bad situations on the bridge. This way, drivers will be able to make better informed decisions regarding how to get to their destination more easily.

On the NBC2 website, residents are voicing their displeasure with the new signs. One response post claims that the signs are unnecessary and a waste of money. It's a driver's responsibility to do their research before heading out of the house. Computers, radios and phones already alert us about traffic updates. Responses say that the $6 million could have been used to create something more tangible, like jobs.

Another response to the NBC2 article says that the $6 million is a waste because there are only a few ways to get across the river. If one way is congested, then everyone will be using the two other ways, which will subsequently be congested.

One response even stated, "I figure someone's brother-in-law in the DOT sell these signs."

Regardless of what is being done to help ease the traffic on our roadways, it's still most important that drivers head out with a plan. Drivers are urged to check out weather conditions, road conditions and traffic conditions before leaving the house. It's also important that you leave your house with plenty of time to spare just in case you run into an unexpected back up.

Until our traffic is reduced or our roadways are constructed to handle more vehicles, it's important for drivers to be prepared, defensive and knowledgeable behind the wheel. With motorists working together, we can all do our part to make every day commutes flow smoothly.

Continue reading "New Electronic Road Signs in Lee County Concerning Residents about Money Wasted on Minimal Road Safety" »

Driving without a license is a big problem here in the state of Florida. According to the Tampa Bay Times, there are about 15.5 million legal drivers in the state of Florida. There's also another 2.2 million people who have a suspended or revoked driver's license.

According to a recent study from the AAA Foundation for Traffic Safety, one out of every five drivers who is involved in a fatal car accident in Cape Coral or elsewhere has an invalid driver's license or is unlicensed all together. From 2007 through 2009, more than 87 percent of drivers involved in fatal car accidents possessed a valid driver's license.

Our Cape Coral car accident lawyers understand that while a majority of the drivers who were involved in fatal car accidents from 2007 to 2009 were properly licensed, there were nearly 10 percent of drivers who had a revoked or a suspended driver's license. In addition to the suspended and revoked licenses, there were more than 1 percent who had denied, canceled or expired driver's licenses and about 5 percent who were unlicensed all together. With these statistics, it's safe to say that more than 18 percent of all drivers who were involved in a fatal car accident during this time were invalidly licensed or were unlicensed.

Many of these drivers were also driving without insurance, which can complicate an accident claim.

Drivers who are age 21- to 34-years-old are most likely to have a suspended or revoked license. But car accidents involving improperly or unlicensed drivers can happen to anyone. Roughly 50 percent of fatal car accidents involved unlicensed drivers of this young age group.

About 50 percent of all fatal car accidents that involved an unlicensed driver involved alcohol. Roughly 45 percent of those drivers were legally drunk, with a blood alcohol concentration of 0.08 or higher.

If that's not bad enough, it is estimated that more than 32 percent of all fatal car accidents that involved drivers who didn't have a valid driver's license, resulted in a hit-and-run crash -- the driver left the scene.

Unfortunately, with improperly licensed drivers come uninsured motorists. No one wants to get into a car accident, but it can be much more difficult than it has to be when an uninsured motorist is involved. It is critical for you to contact an experienced attorney if you have been in an accident with one of these drivers.

Car accidents can be awfully costly, including costs for property damage, injuries, fatalities and lost wages. Oftentimes, improperly licensed drivers and uninsured motorists are unable to pay appropriate funds over to the victims of the accident. For this reason, contacting an experienced attorney in this type of event is critical if you're looking to defend your rights and collect what you deserve.

Continue reading "Improperly Licensed Drivers Causing Alarming Number of Fatal Car Accidents in Cape Coral, Nation" »

Preliminary data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) concludes that nearly 2,400 people died in car accidents in Naples and elsewhere throughout the state in 2011. While this newly released data illustrated fewer fatalities than that of the previous year, we're still seeing far too many traffic-related fatalities throughout the state.

“While the six-year downward trend is encouraging, we continue our strategic efforts to drive down the number of crashes in Florida and the number of injuries and fatalities that come as a result,” says DHSMV Exec. Director Julie Jones.

Our Naples car accident lawyers understand that traffic accidents continue to be the number one cause of death for residents aged 4- to 34-years-old. It's alarming that the number one cause of death for such a large age group of residents throughout the country is in fact preventable. Officials throughout the state will be continuing on through the New Year with safety campaigns and enforcement efforts to help to reduce these fatality numbers even more.

We're able to look at the complete traffic accident statistics in Florida for 2010. The 2011 detailed statistics have not yet been released. So far, we only have the preliminary counts.

Traffic Accident Statistics in Florida for 2010:

-Total Accidents: About 235,460.

-Drivers Involved in Car Accidents: Roughly 338,110.

-Average Number of Accidents a Day: About 650,

-Average Mileage Death Rate (Per Million VMT): 1.25.

-Number of fatalities: About 2.445.

-Injuries: 195,105.

-Property-Damage Only Accidents: 108,535.

-Alcohol-Related Traffic Fatalities: Nearly 800.

-Drug-Related Traffic Fatalities: Nearly 110,

-Number of Pedestrian Fatalities: Nearly 500.

-Number of Bicyclists Killed: More than 75.

-Number of Teen Drivers Killed: Nearly 100.

In Collier County, there were nearly 300 traffic accident fatalities in 2010. In Lee County, there were Nearly 670 traffic accident fatalities.

The Lee County Sheriff's Office is asking all drivers to start the New Year with a clean slate. In 2012, let's all push for the safest roadways yet. Most traffic accidents are completely preventable and can be avoided with safe, alert and defensive driving habits. These habits include wearing a seat belt, abiding by posted speed limits, curbing distractions and buckling up. Remember that officers throughout the state will be on the hunt for dangerous and irresponsible drivers throughout the entire year. Avoid a ticket, an arrest and even a potentially fatal car accident by resolving to be a safe driver in 2012. Talk with your friends and family members about the importance of safe driving habits! Make the change to be a better driver in 2012!

Continue reading "Fatal Car Accidents in Fort Myers and Elsewhere Drop in 2011 Preliminary Estimates" »

Parents and educators have a brand new website to access resources regarding child safety seats. The new website, "Car Seat Safety for Kids," recently went live. The informational site is a joint effort between the Center for Injury Research and Prevention (CIRP) and the Kohl’s Injury Prevention Program.

Parents and child passenger safety educators can view new videos that correspond with the latest car seat recommendations from the American Academy of Pediatrics (AAP) to learn how to better protect young passengers in the event of a car accident in Fort Myers and elsewhere.

“Supporting this site are the research experts behind the AAP recommendations," says Suzanne Hill with CIRP.

Our Fort Myers child injury attorneys understand that traffic accidents are the leading cause of death for young ones aged 3- to 14-years old. Child car seats are one way to help turn this statistic around. From 1975 to 2008, statistics reveal that there were approximately 8,960 young lives saved because of child restraints. Parents are urged to visit a child seat inspection location in Florida to ensure that your child's car seat is properly installed. It is estimated that roughly 70 percent of all child seats are improperly installed by parents and guardians in the United States.

According to the Centers for Disease Control and Prevention (CDC), there were nearly 1,500 deaths among individuals age 14 and younger as a result of traffic accidents in 2009 in the country. Another 180,000 were injured in these incidents. Experts report that the number could have been much lower had all children been properly buckled into the proper safety seats throughout the year. Studies conclude that nearly 620,000 children under the age of 12 rode in a vehicle without being properly seated in a child's car seat or a booster seat.

The likelihood of a child restraint use is directly correlated with the use of a seat belt by the parent or the driver. Of the child fatalities in 2009, about 40 percent of children who were not wearing a seat belt were riding with drivers who were not wearing a seat belt.

How Do Child Seats Help?

-Car seats reduce the risk of injury by more than 70 percent for infants and by more than 50 percent for toddlers.

-All types of enforcement campaigns have been proven to increase the child car seat usage.

-Booster seats reduce the risk of injury among children who are age 4- to 7-years-old by nearly 60 percent.

-Airbags increase a child's risk of death in the event of an accident. Always keep a child's car seat in the back seat.

Drivers, parents and guardians are asked to take the time to review the current recommendations regarding child car seats and be sure to buckle little ones in during every car ride. Your responsibility can help to save their lives in the event of a car accident in Fort Myers.

Important Dates Regarding Child Safety:

September 16th to the 22nd: Child Passenger Safety Week and National Seat Check Saturday.

-October 14t to the 20th: National Teen Driver Safety Week.

Continue reading "New Child Seat Website Hoping to Reduce Risks of Child Injury in Fort Myers, Nation" »

As we recently reported on our Florida Injury Lawyer Blog, law enforcement agencies throughout Southwest Florida were out on the hunt for dangerous drivers through the busy holiday season. During this time, the Lee County Sheriff's Office and hundreds of law enforcement offices were pushing "4D Prevention Month," which targets drunk, distracted and drugged drivers.

The increase in patrolling efforts is over, but the risk for car accidents in Naples and elsewhere throughout Southwest Florida continues through the busy winter tourism season. We would like to ask all residents to make a New Year's resolution to be a better driver in 2012. Safer roadways start with you. Pledge to drive defensively, to drive soberly, to curb distractions and to be courteous to other drivers in the New Year.

Our Naples car accident attorneys are here to offer you some defensive driving tips from the Florida's Department of Motor Vehicles. In 2010, which are the most recent traffic accident statistics available, there were nearly 236,500 car accidents in the state of Florida. Of these accidents, there were more than 2,440 people killed and another 196,100 people injured. All of these numbers illustrate a decrease from the previous year. Let's all work together to help to reduce these numbers even further in 2012.

Safe Driving Tips from Florida's Department of Motor Vehicles:

-Always practice the two second rule. Never tailgate another vehicle. The less time there is between your car and another car the less time you have to react to a road hazard.

-Never drink and drive. Driving requires your full attention, which is not available to a driver who is drunk. Alcohol significantly hinders your judgment behind the wheel. Keep in mind that a DUI can cost you roughly $8,000 and will remain on your record for 75 years.

-Stay calm. Don't be an aggressive driver. These types of drivers cause traffic accidents rather than prevent them.

-Keep your focus on the road. Avoid distractions such as eating, playing with the music, using a cell phone, text messaging or talking with passengers. Distractions take a driver's attention off of the road and increase the risks for accidents. Distraction-related accidents take the lives of thousands every year.

-Always wear a seat belt. These devices have the ability to save your life in the event of an accident.

-Be cautious of bicyclists and pedestrians. These travelers are much more vulnerable to injury and death in the event of an accident. They have the same rights to the road as motorists. Be cautious and courteous.

-Obey all traffic signs and lights. These devices are used to keep drivers safe.

-Always follow the speed limit. Remember that these limits are to be used for ideal weather conditions. When it's foggy or rainy on our roadways, slow it down.

Continue reading "A New Year and a Fresh Start for Reduced Risks of Car Accidents in Naples" »

Our Fort Myers car accident attorneys have recently been discussing the dangers of driving distracted. We've discussed the recent recommendation from the National Transportation Safety Board (NTSB) that asks all state government officials to make it illegal for all drivers to use portable electronic devices at the wheel. Now, there's another campaign coming to get drivers to put down the phones and curb the distractions while operating a motor vehicle. The most recent campaign comes from Distraction.gov, the Official U.S. Government Website for Distracted Driving.

The new campaign from Distraction.gov involves a pledge that drivers across the country are urged to take. This pledge asks drivers to vow to make a conscious effort to curb distractions, help others to curb distractions and to spread the word about the cause. With snowbirds and vacationers arriving nearly every day, traffic on Florida roadways will be heavier than ever. This means that your risks for a car accident in Fort Myers and elsewhere in Southwest Florida are higher than normal. Drivers are asked to remain focused and alert at the wheel.

Although Florida is one of the few states left that has not enacted any laws to stop drivers from texting or making phone calls at the wheel, drivers in the state are urged to take Distraction.gov's pledge to help make our roadways safer. The first step to safer roadways and fewer car accidents starts with you.

Take the pledge today!:

-Pledge to give up cell phones and text messaging devices while operating a motor vehicle.

-When you're a passenger in a vehicle and the driver is engaging in distractions, speak up!

-Urge your family and your friends to take the pledge and to put away the portable communication devices while driving.

While this campaign focuses on cell phone and text message device usage, it's important to remember that there are a number of additional distractions that can cause deadly accidents on our roadways.

Other distractions include:

-Eating or drinking while driving.

-Talking with passengers takes your attention off of the roadway, too.

-Vehicles come equipped with plenty of mirrors. They shouldn't be used to applying makeup and grooming while driving.

-Drivers should refrain from reading at the wheel. This includes road maps.

-Drivers should use GPS devices while the vehicle is stopped in a safe location.

-Many vehicles come with TVs and electronic visual displays nowadays. Don't operate these devices while navigating on our roadways.

-CD players, MP3 players and radios can serve as deadly distractions, too. Adjust these devices only when you're stopped, like at a stop sign or at a red light.

Please be cautious and alert at the wheel to help to avoid an accident.

Continue reading "National Campaign Urging Drivers to Pitch In to Reduce Risks of Distraction-Related Car Accidents in Fort Myers, Nation" »

Recently, the U.S. Department of Transportation announced a final rule to ban all drivers of commercial trucks and drivers of buses from using hand-held cell phones while driving. The rule is the latest attempt by the federal government to curb distractions to help prevent car accidents in Naples and elsewhere.

As we recently reported on our Florida Injury Lawyer Blog, officials now are taking another stab at making our roadways even safer by proposing a rule to make all cell phone use and the use of all other portable electronic devices illegal for all drivers in the country.

"Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake," said USDOT's Ray Lahood.

Under the rule applying to truckers and bus drivers, they could face a fine of nearly $3,000 if they're observed using a hand-held cell phone at the wheel. In addition to a personal fine, a company could face fines upwards of $10,000. While about four million drivers are affected by this rule, the nationwide proposal from the National Transportation Safety Board (NTSB) would affect all drivers on U.S. roadways.

As we head into snowbird and tourist season, traffic on our roadways will be busier than ever. Every year, millions of people both from the United States and foreign countries make Florida their winter destination. With the increased traffic, we also typically see significant increases in our risks for car accidents, trucking accidents and motorcycle accidents as well. Drivers are asked to be cautious especially when the weather is bad or while driving at night. Be smart, think about the great responsibility that comes along with driving, and head out with a plan to avoid one of these potentially fatal incidents.

Tips to Avoid Distracted Driving, from Naples Daily News:

-Take advantage of your voice mail. Consider setting up a message to alert callers that you may not be answering because you're driving and you'll call them back at your earliest convenience.

-Store your phone in the backseat, center console, glove compartment or elsewhere out of reach.

-Turn your phone on silent or shut it off before starting your vehicle.

-If you must answer a phone call, or make one, pull over to a safe area and then do so.

-Never D.U.I.T. – Drive Under the Influence of Texting.

-Ask a passenger to make/answer a call if needed.

Remember that Florida is one of the only states left in the country that has yet to enact some sort of law to regulate these distractions for drivers. We are asking all drivers to willingly give up the distractions behind the wheel. Don't make them more even dangerous by driving while distracted.

Continue reading "Continuous Efforts from Transportation Officials to Help Reduce Risks of Distraction-Related Car Accidents in Naples, Nation" »

There are no laws on the books that regulate driver distractions in Florida, according to the Governors Highway Safety Association. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are pushing for a nationwide ban on the use of portable electronic devices for drivers everywhere. This ban would include all forms of electronic communication.

Although there were more than 3,000 people killed in distraction-related car accidents in Naples and elsewhere throughout 2010, not all states agree with the idea of an overall ban. Distraction-related laws started hitting the books back in 2000. Since then, no state has enacted a full ban for all drivers, according to CNN. According to the executive director of the Governors Highway Safety Association, Barbara Harsha, these laws are difficult to enact because oppositions strongly voice their opinions of government intrusion, saying these laws hinder people's personal freedoms.

Our Naples car accident attorneys understand many states have banned only hand-held cell phone use in an attempt to make roadways safer. The problem with that is that recent studies from the National Safety Council (NSC) have determined that just banning hand-held devices isn't going to solve the problem considering that hands-free devices are just as dangerous and distracting to drivers. It seems that the battle of driver safety will be continuous and until drivers make safety a top priority and willingly curb the dangerous habits, we can continue to expect unnecessary, careless deaths on roadways across the nation.

"It's going to take a long time for legislatures to pass laws, and a long time for states to begin to enforce the laws, and then a long time for behavior to start to change," said Harsha.

According to David Adkins with The Council of State Governments, lawmakers feel that trade groups and constituents think total bans like this are excessive and states won't go for a total ban. He compared a potential ban to an 18th Amendment of today -- a prohibition that wouldn't work.

According to the NSC, distractions have become such a big problem on our roadways that they've joined the list for the top contributors to fatal accidents, alongside speeding and alcohol.

"Distracted driving" was listed as Webster's Dictionary as Word of the Year in 2009. During the year:

-There were over 200 state bills introduced in an attempt to curb cell phone use -- talking and texting -- for drivers. Laws that made it through were considered front-page news!

-The U.S. Department of Transportation (USDOT) launched the Distracted Driving Summit, in which the Secretary of Transportation, Ray LaHood, called the most important meeting in the department’s history.

-President Obama issued an Executive Order banning federal employees from texting behind the wheel.

-Public polls illustrated that a majority of American drivers support such anti-distraction laws.

Recent studies illustrate that drivers can't "multi-task" as well as they think. The truth of the matter is that no one can evenly focus on two activities as well as if they were focusing on one. While many people have proposed hands-free cell phone use as a solution to the driver distraction problem, it has been proven that these devices are just as dangerous. When focusing on another activity, drivers see less of the road and they react slower, all contributing to higher risks for an accident.

Continue reading "Distraction-Related Car Accidents in Naples and Elsewhere Still Likely with Hands-Free Phone Use" »

We oftentimes hear that car accidents in Fort Myers and elsewhere are the number one cause of death for teenagers. But did you know that these incidents are the number one cause of death for people ages 3- to 34-years-old, according to the National Highway Traffic Safety Administration (NHTSA)?

The NHTSA broke down the numbers of fatalities and the causes for these deaths in 2006 and determined that car accidents take the lives of more people ages 3- to 34-years-old than any other cause of death. Because of all the young lives that are lost in these incidents, car accidents were ranked third in the overall terms of years of life lost. This refers to the approximate number of years that a person may have had left to live when he or she was killed, based on expected life spans. Car accidents are behind only heart diseases and cancer.

Our Fort Myers car accident lawyers understand the dangers that motorists of all ages face at the wheel. Poor driving habits contribute to thousands and thousands of deaths every year. In 2010, there were roughly 33,000 people killed because of traffic crashes.

Top Causes of Death in the U.S. in 2006:

-Children under 1-year-old: Perinatal Period.

-Toddlers ages 1- to 3-years-old: Congenital Anomalies.

-Individuals ages 3- to 34-years-old: Motor-Vehicle Crashes.

-Individuals 35- to 64-years-old: Malignant Neoplasms.

-Individuals over the age of 65: Heart Disease

To help reduce your risks of a car accident, there are a few safety tips that you can follow. Many car accidents can be avoided with a little planning and some extra alertness at the wheel.

Safe holiday driving tips from NBC2:

-Check your vehicle out. Make sure your turn signals are working. Your best bet is to have a certified mechanic do it for you. In addition to checking your bulbs, you should make sure that you tires are properly inflated, your brakes are working properly and that all of your fluids are full. Go get a tune up before heading out!

-Get plenty of sleep. It's no secret that our attention span isn't what it used to be. When taking long road trips, stop for plenty of breaks and switch drivers if necessary.

-Can the distractions. "Make a rule that nothing requiring a battery charge reside in the front of the car," says Gordon. Use your road trip as a chance to spend quality time with friends and family members in the car. Enjoy the journey. Take in the scenery.

-Be courteous of other motorists. Keep your emotions and feelings in check. Never tailgate and abide by the speed limit. Merge with extreme caution and stay in the right lane unless you're passing another vehicle. Bottom line, you should show goodwill toward all.

Continue reading "Car Accidents in Fort Myers and Elsewhere Leading Cause of Death for 3- to 34-Year-Olds" »

Just a few weeks ago, Mothers Against Drunk Driving (MADD) announced its excitement about the decrease in drunk driving car accidents in Fort Myers and elsewhere. The victory may have been a tiny one, but any success within this fight is notable. In the recently released statistics from the National Highway Traffic Safety Administration (NHTSA), it was concluded that the number of drunk driving accident fatalities decreased by about 5 percent from 2009 to 2010.

"One life impacted by this terrible crime is one life too many, as there are still more than 10,000 drunk driving fatalities and hundreds of thousands of injuries every year," said Jan Withers, president of MADD.

Law enforcement agencies from across the state of Florida aren't ready to call it a win and aren't taking this news lightly, as we recently reported on our Florida Injury Lawyer Blog. Despite the recent announcement of a decrease in the number of alcohol-related accident fatalities, the Lee County Sheriff's Office and hundreds of other offices will still be exercising heightened enforcement to track down drunk drivers through the holiday. The Lee County Sheriff's Office continues to pursue its "4D Prevention Month" through the holiday season.

As we discussed, the 4D campaign is targeting distracted, drugged and drunk drivers throughout the holiday season to make our roadways a little safer for everyone.

According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), roughly 40 percent of all traffic accident fatalities that happen during the Christmas and New Year's holidays are alcohol-related. This is a 12 percent increase over the rest of the month of December.

The Fort Myers Police Department offers you these holiday safety tips to help prepare everyone for the busy holiday travel season:

-Go out with a plan. If you're planning on drinking, you should plan on designating a sober driver, too. It's important to keep an eye on your loved ones as well to make sure that they don't get behind the wheel after drinking alcohol. Please celebrate responsibly!

-If you see a friend of a family member drinking, consider taking their keys away from them. Your intervention could help to save lives.

-If you're hosting a party, make sure there are non-alcohol beverages available for designated drivers and non-drinkers to enjoy. Make sure that all of your drinking guests leave with a licensed driver who is sober, too!

-If you think you've spotted someone on our roadways who might be impaired, call the police and report the make, model and color of the vehicle including the location and direction it's heading and a description of the driver if possible. Don't try to stop the car yourself. Let authorities take it from there. Your call can save a life!

Continue reading "Despite Fewer Reported Fatalities, Officials Still Target Drunk Drivers in Fort Myers through Holidays" »

Since state lawmakers are dragging their feet when it comes to enacting laws to regulate driver distractions in Florida, federal officials are stepping to the plate to help get these types of laws enacted. Earlier this year, the U.S. Department of Transportation revealed its decision to call for a final rule to ban commercial drivers of trucks and bus drivers from using hand-held cell phones while operating these large vehicles. Before this, these drivers were only outlawed from using text messaging devices while driving. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are now making a recommendation for all drivers to be prohibited from using any type of portable electronic device while behind the wheel to help to reduce the risks of distraction-related car accidents in Fort Myers and elsewhere.

"Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake," said Federal Motor Carrier Safety Administration (FMCSA) Administrator Anne S. Ferro.

Our Fort Myers car accident lawyers understand that as we round out the remainder of 2011, our risks for car accidents in Southwest Florida will increase significantly. Although Florida is one of only a few states in the U.S. that has failed to enact a law to regulate these distractions for drivers, everyone is urged to willingly curb these distractions while driving along our busy roadways through the holiday season. Behind the wheel, our attention is meant to be placed on the roadway and not on unnecessary electronic devices or other types of distractions.

The Florida Highway Patrol offers these safety tips to help to curb distractions:

-Always keep driving as your number one priority. If your phone rings when you're driving, just let it ring. If someone needs to talk to you or tell you something, they're sure to leave a message. You can always call them back once you've stopped your vehicle in a safe place.

-Always keep your eyes on the road and your hands on the wheel. Dial a phone number when you're stopped at a stop sign or at a red light. If you've got to answer a phone, do it in a way that you don't have to reach far for your phone or search for it in your car.

-Always be ready. If you know you're expecting a call, either call the person before you start driving to tell them you'll call back later or keep your phone in an easily accessible place in your car.

-Keep the conversation light. Try not to engage in lengthy conversations at the wheel. Lengthy, in-depth conversations can take your attention off of the roadways. Keep driving as a primary task.

-Always use your common sense. You know when it's safe to talk on a phone and when it's not. If it can't wait, you're best to make it wait. No phone call or text message is worth someone's life.

Continue reading "Florida Drivers Asked to Curb Distractions to Help Prevent Car Accidents in Florida and Elsewhere" »

Earlier this week, the National Transportation Safety Board (NTSB) proposed a new measure that would have all states make it illegal to use a cell phone behind the wheel, according to The News-Press. This proposal came after a meeting where officials discussed an accident that happened in Gray Summit, Missouri, in 2010 in which a cell phone-using driver made calls and text messages just seconds before allegedly causing an accident that killed two and injured nearly 40 others.

Currently, there are no laws in the state of Florida that regulate the use of a cell phone or text message devices for drivers, according to the Governors Highway Safety Association. In 2010, there were roughly 3,100 people who died in distraction-related car accidents, including car accidents in Fort Myers and elsewhere. Officials believe that number could be much higher because of all of the unreported incidents.

Our Fort Myers car accident lawyers understand that bills were already filed by a House Democrat and a Senate Republican to make it illegal for drivers under the age of 18 to talk on a cell phone while driving. A third bill from Republicans in both chambers is aiming to make texting behind the wheel illegal for all drivers. Florida is one of the only states left that has yet to enact such laws to regulate these behaviors for drivers.

In other states, drivers are allowed to talk on the phone but are not allowed to text while driving. Enforcement of these laws is oftentimes difficult because an officer is unable to tell if a driver was making a call (which isn't always illegal) or text messaging (which is illegal in 35 states). A nationwide ban on these activities would make enforcement much easier and would help to make our roadways safer.

"According to the National Safety Council, drivers using cell phones look but fail to see up to 50 percent of the information in their driving environment," said the NTSB.

The NTSB recommends that all states and the District of Columbia enact the following:

-Make it illegal for drivers to use portable electronic devices, except during emergencies.

-Replicate the National Highway Traffic Safety Administration's (NHTSA) high visibility enforcement model to enforce these laws.

-Create campaigns to help to inform residents of the new laws and of the increased enforcement efforts to support these laws. Included in these campaigns should also be information regarding the risks, dangers and consequences that are accompanied by the use of portable electronic devices behind the wheel.

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said NTSB Chairwoman Deborah Hersman. "So we can stay more connected? A fatal accident severs that connection."

The NTSB isn't the only one pushing for these new laws either. The National Safety Council (NSC) recently commended the NTSB for its efforts to make roadways nationwide safer for everyone.

“This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation’s roadways,” said Janet Froetscher, of the NSC.

The NSC predicts that nearly 1.5 million crashes, or nearly 25 percent of all accidents, involve a driver who is distracted by a cell phone.

Continue reading "Officials Pushing for Tougher Nationwide Laws to Help Curb Distraction-Related Car Accidents in Fort Myers and Elsewhere" »

December rings in holiday cheer throughout the state, but it also rings in the deadliest season for car accidents in Fort Myers and elsewhere. To help stop the number of deadly car accidents, a number of local officers, healthcare providers and nonprofits will be using the entire month to raise awareness about the importance of safe driving habits, according to The News-Press.

Commissioner John Manning recently announced at a press conference held at the Lee County Sheriff’s Office that the department will be launching the 4D Prevention Month campaign, which targets distracted, drugged and drunk drivers. The campaign is known nationwide as 3D Prevention Month, but local enforcement agencies have added another D to the mix, distracted drivers.

Our Fort Myers car accident attorneys understand that you're most likely to die in a car accident over the holidays than during any other time of the year. For this reason, drivers are asked to be extremely cautious, sober and alert behind the wheel. The number of traffic accident deaths has increased by nearly 20 percent from this time last year. According to the Florida Department of Highway Safety and Motor Vehicles, Lee County has already experienced nearly 70 deaths on our roadways so far in 2011. At this time in 2010, we had seen just about 50.

“We’ve all worked fatal accidents over the holiday season,” said Ft. Myers Police Chief Doug Baker. “Make this holiday season a safe holiday season.”

So far this year, the Lee Memorial Trauma Center has witnessed nearly 70 fatalities compared to only 65 for the whole year in 2010. Medical officials are worried that this year's number will increase much more with the holiday season ahead of us.

The number of car accident-related fatalities in Collier County has seen a decrease from last year to this year though, seeing less than 40 in 2010 to only 28 this year.

Of all of the people who died in the trauma center because of car accidents during 2009 and 2010, about 50 percent of the drivers involved had a blood alcohol concentration (BAC) over the legal limit. About 30 percent of the involved drivers tested positive for marijuana or cocaine.

Alcohol and drugged drivers aren't the only ones who are contributing to these high fatality rates though, distracted drivers are putting in their fair share, too. Drivers who text or make phone calls at the wheel are just as dangerous as drunk drivers, studies conclude.

“They’re no longer just texting. They’re checking emails, they’re Googling, they’re posting on Facebook. It’s scary,” said Jay Anderson of Stay Alive...Just Drive!.

There will be more sobriety checkpoints and routine traffic stops throughout the holiday season, conducted by the Fort Myers Police Department and the Lee County Sheriff's Office, to hunt down these dangerous drivers.

Continue reading "Local Officers in Search of Drunk, Drugged and Distracted Drivers to Prevent Fatal Car Accidents in Lee County through Holidays" »

The National Highway Traffic Safety Administration (NHTSA) has previously proposed to require rear-view cameras on all vehicles to help prevent back-over car accidents in Fort Myers and elsewhere. With Christmas and New Year's right around the corner, it's a popular time for friends and family to gather for holiday celebrations. With the beautiful Florida weather, children will get to play outside during many of these celebrations. With this comes the fear of back-over accidents injuring and killing small children. Unfortunately, this is a common occurrence in parking lots and in residential roadways.

"There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle," said U.S. Department of Transportation Secretary Ray LaHood.

Our Fort Myers car accident attorneys understand that back-over accidents commonly occur at low speeds and typically happen as a driver backs out of a driveway or out of a parking space. Pickup trucks and sport utility vehicles are more likely to cause one of these accidents because of their size and their large blind spots, but all vehicles are capable of this devastating accident. All motorists are encouraged to look completely around their vehicle before getting in and reversing to help prevent one of these accidents.

The NHTSA is looking to make back-up cameras standard on all vehicles by 2013. These cameras would be automatic and would turn on whenever a vehicle is in reverse. While the new technology will help to reduce the frequency of these accidents, driver awareness is still the number one preventative. You're urged to always make sure of where your children are and to make sure there's no one behind your vehicle before starting your car and backing up.

Pedestrians of all ages, but especially the elderly and children, are at a risk of being a victim of one of these types of accidents.

According to the NHTSA, there are nearly 300 people killed and another 18,000 injured every year because of back-over accidents in the U.S. Of those killed in these accidents, more than 220 involved a vehicle that weighed less than 10,000 pounds. More than 40 percent of these fatalities involved children under five, which illustrates a high percentage of victims among any age group. Nearly 35 percent of the fatalities were experienced by pedestrians over the age of 69.

Here are some safety tips from the NHTSA:

-Teach young ones to never play in or around vehicles.

-Always keep a close eye on young ones when they're near vehicles.

-Always walk completely around your vehicle before reversing.

-Teach children to move away from vehicles whenever a driver gets in a car or when a vehicle starts.

-Have your children stand away from driveways and on a sidewalk so you can see them as you back out.

-Back up slowly so that children can react in case they dash behind your car unexpectedly.

-Take extra care when reversing in a large vehicle. Roll down your windows while reversing so you can hear what's going on as your back up.

-Teach children to keep bikes and toys out of the driveway.

Continue reading "Back-Over Car Accidents in Fort Myers a Holiday Threat to Pedestrians" »

Florida is one of the few states left that doesn't have any laws in place that prohibit drivers from text messaging behind the wheel. Rep. Irv Slosberg, D-Boca Raton, is trying to change all that. Slosberg lost his daughter in a car accident with a distracted driver a few years ago. He's been pushing the ban ever since. Similar bills have failed to make it through, though. Many believe it's because officers would have a difficult time enforcing the rule, while others think it's because of the "anti-government regulation atmosphere" that's prominent in Tallahassee. Distracted driving-related car accidents in Fort Myers continue to plague our roadways as drivers are free to call and text whomever they wish without the fear of punishment.

“It’s worse than being drunk,” Slosberg was quoted as saying in a recent news article.

Our Fort Myers car accident attorneys understand that almost every other state in the U.S. has enacted laws to regulate driver distraction. Locally, Collier and Lee counties have stopped bus drivers and school employees from driving while using a mobile device, but the state needs more than that. From 2001 to 2007, there have been nearly 16,150 deaths from traffic accidents that involved a texting driver. Officials believe the actual number is much higher as there's no sure way to know whether a driver was texting behind the wheel right before an accident.

According to a recent study by Car and Driver magazine, texting behind the wheel puts a driver at more risks for an accident than one who is legally drunk behind the wheel.

Truck drivers have been proven to be nearly 25 percent more likely to crash when texting and driving at the same time.

Both Slosberg and state Rep. Ray Pilon, R-Sarasota, are pushing for the bill because they say that driving and texting are a lethal combination, according to The News-Press.

But wait! Those aren't the only two to back the bill, State Rep. Kathleen Passidomo, R-Naples, says she's on board as well. She says it makes too much sense and that she's seen drivers on our roadways swerve all over the place while text messaging at the wheel. Lee County Sheriff’s Office officials also support the ban, saying they are committed to continually pursue roadway safety measures that can help save lives.

The bill would make texting while driving a secondary offense. This means that a driver would have to be pulled over for another driving infraction first. But, if you're busted texting while driving, you could get six points on your license. It only takes 12 to have your license suspended.

Slosberg recognizes that getting the bill through isn't easy, but says that sooner or later lawmakers will make the right decision for traffic safety.

Continue reading "Another Bill to Reduce Risks of Car Accidents in Fort Myers and Elsewhere Caused by Texting Drivers" »

A 73-year-old man from Cape Coral was killed in a recent Fort Myers car accident as his motorcycle and a 85-year-old female's vehicle collided, according to Naples Daily News. The Florida Highway Patrol reports that the accident happened at the corner of Pine Ridge Road and McGregor Boulevard just after noon.

The elderly driver of the passenger vehicle pulled out in front of the man's motorcycle and caused a collision and him to fly off of his bike. He was not wearing a helmet at the time of the accident and was pronounced dead on scene.

Our Fort Myers car accident attorneys understand that the holiday season brings millions of tourists to the Sunshine State for some warm holiday vacations. Most of these visitors travel by motor vehicle. During this time, risks for accidents increase significantly. Teen drivers and elderly drivers are some of the most vulnerable drivers on our roadways throughout the remainder of the year. It is important to keep an eye on the elderly drivers in your life to make sure they're OK and feel confident to safely navigate our roads. With age comes deteriorating senses and at some point the inability to drive safely.

The fatality rate for drivers starts to steeply climb beginning at the age of 65. Drivers between the ages of 75- and 84-years-old see a death rate of about three per 100 million miles driven. This fatal accident rate is about the same as that of teenage drivers. For drivers over the age of 84, the fatality rate is about four times higher than that of teens.

Signs signaling that a driver might not be safe behind the wheel, from ABC7:

-Getting lost when driving along a familiar route.

-Discovering new dents and scratches on your vehicle.

-Having a difficult time moving your body within the vehicle, to push pedals, to turn to look around the vehicle, etc.

-Getting frequent tickets and warnings from officers.

-Getting into frequent fender benders or near-misses.

-Receiving a recommendation from a doctor to stop driving because of health issues or prescribed medications.

- Having a tough time reading road signs or seeing other traffic devices.

-Driving too slowly or too fast for no apparent reason.

If you notice any of these symptoms in your elderly loved ones, consider sitting down with them and discussing your concerns about their safety on our roadways. Remember to reiterate that these symptoms don't paint a picture of helplessness and that it doesn't mean they're no longer independent. Work alongside your loved ones to understand your concern and help to accommodate them to prevent an accident on our busy roadways this holiday season.

Continue reading "Fort Myers Car Accident Results in Motorcyclist's Death" »

The holiday travel season is upon us and risks for car accidents in Fort Myers drastically increase during this time. Drivers are urged to plan accordingly for holiday road trips to avoid hazards. Parents, this is an excellent time to talk with teenage drivers about the dangers they're likely to face on our roadways. Road traffic increases significantly as many visitors make Florida their holiday destination, according to WINK News. Discuss safe driving habits with the young drivers in your life before it's too late.

Our Fort Myers car accident lawyers understand that weekends and evenings are the most dangerous time for motorists to be on our roadways. You're urged to check out the Florida 511 app to learn about other real-time traffic delays on our local roadways. Helping to keep your young drivers away from dangerous and busy roadways can help to keep them safe during the busy holiday season.

"Being prepared, understanding what's ahead, slowing down for conditions, or just being alert or prepared, goes a long way toward safety on our roads," said Debbie Tower with the Florida Department of Transportation.

Teen drivers are four times more likely to be involved in a traffic accident than the drivers of any other age group. Talk with your teenager about safely and cautiously navigating our roadways to help avoid a serious traffic accident over the holiday season.

The Florida Department of Highway Safety and Motor Vehicles offers these tips for parents to share with their teen drivers:

-Make sure all vehicle occupants wear a seat belt at all times.

-Limit the number of passengers who your teen can drive with. Each passenger increases your driver's risks of getting into an accident.

-Check vehicle tires before venturing out. Tires should be in good condition and properly inflated.

-Always make sure the windshield is clean for maximum visibility.

-Never allow your gas tank below a quarter of a tank. You never know where you'll get stranded.

-Never drink and drive or ride along with any driver who has been drinking.

-Drive with your headlights on, even during the day, to increase your visibility to oncoming drivers.

-Get the directions you need before you head out rather than while you're driving.

-Obey all speed limits, traffic signals and traffic lights.

-Curb all distractions when driving.

-Never blast the music in your car. Loud music serves as a driver distraction, too.

-Be aware of the weather conditions and the traffic conditions.

Florida Highway Patrol will be out in full force throughout the remainder of the holiday in search of irresponsible drivers. Be safe, courteous and obedient behind the wheel to ring in a safe, injury-free and Happy New Year's.

If you spot someone on our roadways driving dangerously, please pull over and call F.H.P. at *347.

Continue reading "Teen Drivers at Serious Risks for Fort Myers Car Accidents through Holidays" »

As the Thanksgiving holiday weekend approaches, many residents anticipate a time away from work to spend with friends and family. According to the AAA Foundation for Traffic Safety, more Americans will be traveling over the holiday weekend this year compared to last year even though gas prices are significantly higher. In 2010, the average cost of a gallon of gas was $2.88 over the holiday weekend. Last week's average was $3.39 per gallon, according to CNN.

The American Automobile Association reports that approximately 43 million U.S. residents will be traveling more than 50 miles during the Thanksgiving holiday. This is about 4 percent more travelers than the 2010 holiday weekend. The increase in travelers is expected to increase our risks for a car accident in Fort Myers and elsewhere throughout Southwest Florida.

Our Fort Myers car accident attorneys understand that the increase in visitors, tourists and seasonal residents in our area makes our roadways much more dangerous. If you haven't noticed, our roadways are densely populated with those out-of-state license plates. These out-of-town drivers greatly increase risks of accidents. These drivers are oftentimes unfamiliar with the area and are unfamiliar with the traffic flow and road laws. For this reason, it's important for at-home drivers to be cautious, alert and defensive on our roadways,

Thanksgiving is the first holiday in quite some time in which travel is expected to significantly increased. During Memorial Day, the high cost of gas kept travel stable with the recent year's numbers. During Labor Day and Independence Day, travel actually decreased. AAA suspects that since most travelers stayed home and saved some money during recent holiday weekends, they'll be hitting the road, throwing their financial concerns to the wind for the upcoming holiday weekend.

"As consumers weigh the fear of economic uncertainty and the desire to create lasting family memories this holiday, more Americans are expected to choose family and friends over frugality," said Bill Sutherland, vice president of AAA Travel Services.

The projected increase in travel is what AAA calls the result of "pent-up demand" from those who've skipped out on previous holiday weekends to save some money in a tight economy.

Driving will be the most common way that Americans will be getting to and from their destination over the holiday weekend. The projections for air travel are shaky. AAA says that air travel will increase by about 2 percent from last year's numbers, while the Air Transport Association of America says it's expecting a 2 percent decrease.

Drivers are urged to get prepared before venturing out on a road trip over the Thanksgiving Day holiday weekend. By taking a few precautionary steps, we can all help to keep our roadways safe and to keep smooth travels going through the first of the year.

Road Trip Safety Tips:

-Always plan your route before departing.

-Bring a paper map in addition to a GPS.

-Have your car checked out by a mechanic before heading out.

-Check your tires before departing and bring a tire pressure gauge to check them often.

-Always have a first-aid kit.

-Bring activities to entertain children.

-Check your spare tire and your tire jack.

-Remember to bring your cell phone and the charger.

-Write down important phone numbers.

-Research your route to make sure there are no events or construction that could hinder your travel.Locate alternative routes if needed.

-Leave with plenty of time to compensate for delays.

-Stop and rest often.

-Enjoy!

Continue reading "Thanksgiving Travel Creates Higher Risks for Car Accidents in Fort Myers" »

Florida drivers rank 4th for having the worst drivers in America, according to CarInsuranceComparison.com.

The American Motorists Association and the National Highway Traffic Safety Administration recently conducted a study and ranked states by their number of fatal car accidents, the number of tickets issued, the number of drunk driving accidents along with drivers’ ability to obey traffic devices. Our state ranked 27th for having the most fatal car accidents in Fort Myers and elsewhere, but 4th overall for all categories.

Because of our dangerous road reputation, the Florida Highway Patrol will be combing our roadways over the Thanksgiving holiday weekend in search of drivers who are endangering other motorists. From November 23rd to the 27th, officers will be on the lookout for speeding drivers, aggressive drivers and drunk drivers. All state troopers, including reserve and auxiliary troopers will be focusing their efforts on making our roadways safer over the holiday period.

Our Fort Myers car accident attorneys understand that Florida drivers received the most traffic tickets in the entire country. We were also ranked at 40th place for having careless drivers. With the Thanksgiving, Christmas and New Year’s right around the corner, our roadways are most congested than ever. Not only are we dealing with the shoddy driving habits of resident drivers, but we also have to share the roadways with the unfamiliar out-of-town drivers.

With our state in the bottom four for worst drivers in America, Florida deals with some high-priced insurance rates and serious risks for car accidents.

Along with the winter season comes those out-of-state drivers. Motorists are asked to travel with cautious, patience and alertness on our roadways. Driving habits need to be adjusted to accommodate the increase in traffic flow during this time of year.

“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,” Col. David Brierton, director of the Florida Highway Patrol.

The Florida Highway Patrol offers drivers these tips to help everyone get to their holiday destination safely:

-Make sure that you get plenty of rest before heading out. All too often, accidents are caused by sleepy drivers on our roadways. Get at least seven full hours of sleep before venturing out on our roadways.

-Be aware of all road signs, signals and speed limits. Always obey road laws.

-Make sure you leave with plenty of time to spare. Rushing to your destination puts you at serious risk for an accident.

-Never drink and drive.

-Always wear a seat belt. They’re nearly 50 percent effective in preventing injury to a front-seat occupant in the event of an accident.

-Curb all distractions. This includes making phone calls, sending texts, eating, playing with the radio, etc.

Continue reading "Florida Ranks 4th for Worst Drivers in America - FHP Cracks Down for Thanksgiving" »

As we reported on our Florida Injury Lawyer Blog, the recent strand of fatal accidents should serve as a reminder of the risks we face on our roadways as we enter the holiday season. Winter, tourist season and the holidays bring increased traffic to our roadways and serious risks for accidents. Drivers are urged to be cautious throughout the remainder of the year.

A rash of serious and fatal car accidents in Fort Myers was reported over the weekend. This is a second warning to motorists to be super cautious and careful on our roadways.

Our Fort Myers car accident lawyers understand the risks all too well. According to NBC2, there was a fatal accident on McGregor Boulevard that took the lives of two people this past Sunday.

Fort Myers Police Department officials report that a small passenger vehicle was speeding on McGregor heading north when the driver left the roadway. That's when the vehicle struck two trees and finally stopped as the vehicle hit a third. A 26- and a 29-year-old man died in the accident.

Another accident happened in Cape Coral when a vehicle left the roadway, hit a power pole and flipped on Kismet Parkway. Cape Coral Police Department says that both speed and alcohol/drugs were factors in this accident. Both the driver and the passenger were pinned in the vehicle until Cape firefighters and Lee County EMS responded.

Another accident in Fort Myers sent a motorcycle driver and a car driver to Lee Memorial Hospital. The accident happened on Cleveland Avenue. It happened when the passenger vehicle crossed over the northbound lanes and tried to make a left-hand turn. It hit the motorcyclist who was heading north.

Another accident in Lehigh Acres killed an Immokalee man. The accident happened near Wildcat Drive on State Road 82. This accident happened when a vehicle was trying to pass another.

Another accident happened on the same day in the southbound lanes of Interstate 75 right at the Daniels Parkway exit when a semi-truck toppled over. The accident injured two men.

This accident happened when a semi-truck used by Publix rear ended another vehicle right by mile marker 131, according to reports. The small vehicle was a Ford Escort that was driven by a 35-year-old man from Marco Island, according to Naples News. After impact, the Escort spun around and struck the side of the semi and was then thrown into the center barrier. The truck driver was a 48-year-old man from North Port.

The Florida Highway Patrol reports that the truck swerved back and forth after the collision and then flipped on its side. The truck blocked two of the three southbound lanes. The driver was stuck in the truck for nearly an hour. He was rescued and taken to Lee Memorial Hospital. The Escort driver was also trapped and was transported to Lee Memorial after being rescued.

The accident closed the Interstate's southbound traffic for about four hours. The Florida Highway Patrol is still investigating.

Continue reading "Weekend Accidents a Reminder of Season's Risks in SWFL" »

Purchasing a car with 5-star safety ratings may reduce the risk of severe injury or death in a Naples car accident , but it doesn't give motorists a free pass to drive recklessly or get distracted when they are operating these highly rated vehicles. Safety ratings only help consumers make an informed decision on what vehicle is most equipped to withstand a rollover crash or other dangerous rear-end or forward collision impacted crash.

Our Cape Coral car accident lawyers agree that car safety is an important consideration when purchasing a vehicle but nothing can guarantee safety like motorists playing it safe every time they get behind the wheel. However, consumers are encouraged to check out crash test ratings before you purchase if you want to reduce the risk of injury to you or your family in a collision involving a drunk, distracted or aggressive driver in South Florida.

Family Car Guide recently reported that the National Highway Traffic Safety Administration (NHTSA) is in the process of finishing up crash testing for 2011 models but has recently released the list of more than seventy 2012 models that will be put through rigorous testing next year. The 2012 vehicle list will be comprised of 42 passenger cars, 2 minivans, 8 pickup trucks and 22 SUVs and crossovers which is over 80 percent of the vehicle models on the projected market for 2012.
The following are samples of some of the 2012 vehicles being tested:
-Family cars: Chevrolet Impala, Cadillac CTS, Nissan Maxima, Chrysler 300, Toyota Camry, Volvo S60 and the Volkswagen Passat.
-Minivans: Toyota Sienna and Chrysler Town & Country.
-SUVs and crossovers: Dodge Durango, Ford Explorer, Honda Pilot, Jeep Grand Cherokee, Toyota RAV4, Kia Sorento and Subaru Outback.

For a full list of which vehicles will be crash tested and assessed a star rating for 2012, visit NHTSA online.
In a recent press release, U.S. Department of Transportation Secretary Ray LaHood stated "Our 5-star ratings program is a critical resource to help consumers make the best possible decisions about the cars they want to buy. People should remember: More stars, safer cars."

In recent years, crash avoidance technology has been an important added feature in warning motorists that they are about to leave the roadway, veer over the center line or hit someone or something head-on or from behind. For the first time ever, the NHTSA will make recommendations to consumers about vehicles containing forward collision warnings (FCW), lane departure warnings (LDW) or both features. Last model year crash avoidance technologies were offered in 45 vehicles as optional equipment. There are 68 models for 2012 that have FCW (18), LDW (12) or both features (38) standard equipped in the vehicle.

Safercar.gov will post the results of the Government 5-star safety ratings program for the selected 2012 models once the crash tests have been performed. You will also be able to find the NHTSA's recommendations for which vehicles have the best crash avoidance technologies for 2012 models available on this website.

Continue reading "5-Star Ratings and Crash Avoidance Technologies Can Reduce the Risk of Injuries in Naples Car Accidents" »

A Fort Myers Police Department employee was killed in a recent car accident in Lehigh Acres, according to the Sun Times. The 25-year-old female officer was on her way to work when she was involved in an accident at the intersection of Westgate Boulevard and Lee Boulevard. She worked as a community service aid for the FMPD.

It happened when she was making a left onto Lee -- another vehicle that was heading straight reportedly sideswiped her car, sending it spinning onto the shoulder of the roadway. The car that sideswiped her vehicle flipped. The driver was taken to Lee Memorial Hospital but is doing okay.

Our Fort Myers car accident attorneys understand that this accident happened on the 8-year anniversary of the death of Fort Myers Police Officer Daniel Starks who was killed in a car accident as well. The recent fatal accidents are tragic reminders of the risks as we head into the holidays and the winter tourism season. With the increase in traffic we see at the end of every year, drivers are urged to be cautious, have some patience and to drive defensively on our roadways to help prevent fatal accidents.

“Our thoughts and prayers obviously immediately go out to her family. It’s got to be difficult,” Chief Doug Baker said. “We’ll pull together, work together and help ourselves and help the family get through with our services.”

Another local accident took the life of a motorcyclist on Westlinks Drive in Gateway. The accident happened as the 52-year-old man crashed into a raised concrete center median in the roadway. The man was thrown from his bike.

A third accident took the life of an 8-year-old boy. This accident happened as the young boy and his family headed home from Flea Masters. As the family's vehicle turned left onto Burnt Store Road in Cape Coral, they were struck by a pickup truck. The truck T-boned their car and sent it skidding for about 40 feet.

The child was taken to Lee Memorial Hospital where he was later pronounced dead, according The News-Press.

It's not only motorists who need to be cautious. Pedestrians are at a real danger for accidents on our roadways as well. As we recently reported on our Florida Injury Lawyer Blog, a 15-year-old female pedestrian lost her life while traveling along Pondella Road in Cape Coral. Florida continues to be the most dangerous state in the country for pedestrian traffic. Our area experienced the most frequent fatal pedestrian accidents on our roadways for years in a row.

As seasonal residents flock to our southern state and tourists make this their vacation destination, we're all asked to travel cautiously and compassionately on our roadways to help keep everyone safe.

Continue reading "End of Year Traffic to Heighten Risks of Car Accidents in Lee County" »

You child is four times as likely to be involved in a car-pedestrian accident in Cape Coral on Halloween night than during any other night of the year, according to ABC7.

Our Cape Coral child injury attorneys would also like to warn parents about other Halloween-related injuries that your child could experience on the 31st. Eye trauma from sharp costume accessories and burns from flammable costumes are also a common injury we see every year on Halloween. We are here to provide you with some quick and simple safety tips to help keep you and the whole family safe this Halloween.

"Children should be out having fun and spending time with family and friends. They should not have to spend Halloween in the ER because of some injury that could have been easily prevented," Dr. Sandra Schneider, president of the American College of Emergency Physicians.

According to the U.S. Census Bureau, roughly 40 million kids age 5- to 14-years old will be out this year roaming from door to door in search of sugary goods.

To help reduce any risks of Halloween-related accidents, parents are urged to follow these safety tips from the Lee County Sheriff's Office:

-Young children should never be sent out alone. Always accompany these young ghosts and goblins on their trick-or-treating adventures.

-Never go inside a stranger's house or car. Accept all candy at the door.

-The bigger the trick-or-treating group the better.

-Plan out your trick-or-treating route beforehand to help you to pick the safest route possible. Pick a route with safe sidewalks, minimal vehicular traffic and safe road crossings.

-Stay within your own neighborhood.

-Never approach a house that doesn't have their lights on. Only trick-or-treat at houses that are well-lit.

-Always adhere reflective tape to your costume or carry as flashlight to help ensure that motorists see you.

-Consider using makeup instead of a face mask. Masks obstruct your line of vision.

-Wear light-colored costumes and clothing to make you more visible to motorists.

-Don't cut across people's lawns. Be respectful of everyone's property.

-Parents should examine all treats before allowing children to consume them. Throw out any candies that have been opened or have been tampered with.

-Never accept any treat that has not been commercially wrapped.

-Start your trick-or-treating adventure and end early. The later it gets, the higher your risks are for a traffic-related accident.

-Always use sidewalks when available and walk facing oncoming traffic.

-Walk, never run.

-Never run out from behind a parked car. Passing vehicles may not have enough time to respond.

Parents are also urged to check out the Florida Department of Law Enforcement's Sexual Offender and Predator database to help you to better plan out your trick-or-treating route.

Lastly, we would like to ask that all motorists be extra careful on the 31st. Little monsters and mummies will be combing residential areas around the county in search of yummy snacks. Be cautious of these young ones. This holiday should be safe and injury-free and it can be with the proper safety precautions. We want everyone to have a safe and Happy Halloween!

Continue reading "Our Fort Myers Personal Injury Lawyers Wish You a Safe and Happy Halloween!" »

According to the Fort Myers Police Department, National Teen Driver Safety Week (NTDSW) is being held this year from October 16th through the 22nd. During this time, officials, safe driving advocates and local law enforcement agencies will be campaigning to raise awareness about the dangers our teen drivers face on our roadways. Car accidents in Fort Myers and elsewhere continue to be the number one killer for teens in the country.

This week-long campaign was established by Congress back in 2007 and has been held every year on the third week of October. This year, parents are asked to continue the teaching process with their teen driver. According to recent studies, parents who frequently speak with their teen about safe driving habits and those who enact driving rules within the family have fewer risks for an accident than teens who are let loose on our roadways without guidance.

Our Naples teen car accident attorneys would like to focus in on a recently released study from the AAA Foundation for Traffic Safety. This study examined the driving habits of teen drivers by installing cameras into the cars of teen drivers in North Carolina. The goal of the study was to determine what it is that causes our teen drivers to be at such high risks for car accidents.

According to the study, teen drivers are 50 percent more likely to be involved in a car accident during their first 30 days of unrestricted driving than they are during their first year of unrestricted driving. These risks continue to decrease as they gain more experience behind the wheel.

Researchers were able to credit nearly 70 percent of the accidents to three common driving mistakes, including speeding, failing to yield and driver inattention. Data proved that these accidents most often happened when drivers were making left-hand turns. Another finding of the study confirmed that teen accident risks decrease with experience behind the wheel.

“What our new study tells us is that there are a few specific abilities that we could do a better job of helping teens develop before they begin driving independently,” said AAA Foundation President and CEO Peter Kissinger.

Cameras also revealed another interesting characteristic; the change in driver behavior once they were driving without supervision. During unsupervised and unrestricted driving time, teens were more likely to engage in dangerous driving habits behind the wheel, including texting, making phone calls and engaging in activities with other passengers.

Tips for parents of teen drivers, from the National Safety Council:

-Set a curfew. Teen driver's risks of experiencing an accident increase as the sun goes down. Consider a driving curfew.

-Limit passengers. Passengers, especially teenage ones, can be some of the most dangerous distractions for drivers. The more passengers in a vehicle, the higher the risks are for an accident.

-Ban cell phone use. Because Florida has no laws governing the use of cell phones or text messaging devices for drivers, parents are asked to regulate these behaviors among their teen drivers.

-Require seat belts. Seat belts have been proven as the most effective way to save a life in the event of an accident. Make sure everyone wears one during every car ride.

Continue reading "FMPD Supports National Teen Driver Safety Week to Reduce Risks of Teen Car Accidents in Fort Myers" »

Car accidents in Fort Myers and elsewhere are the number one killer of teens in the state of Florida and in the U.S. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) has recently teamed up with schools throughout the state to host a number White Out events.

These events are held to raise awareness about the dangers that teen's oftentimes face in the driver's seat. During White Out, teens, schools employees, parents and other safe driving advocates were asked to wear white t-shirts to help to raise awareness. In addition to White Out, the DHSMV is participating in National Teen Driver Safety Week. We recently told you about this week-long campaign and its efforts to keep teen drivers safe on our roadways. The week-long event takes place this year from October 16th through the 22nd.

“Today’s white out is a good reminder that driving is a big responsibility and that parents and guardians play a key role in teaching their children safe driving behaviors that impact how they drive for their entire lives,” said DHSMV Executive Director Julie Jones.

Our Cape Coral car accident attorneys understand that with increased parental support and education among teen drivers, we can all do our part to help save the lives of these inexperienced drivers on our roadways. We lose far too many young drivers every year in Florida. More supervised driving time and more discussion about safe driving habits may be able to do the trick and turn these accident statistics around for our newly-licensed drivers.

According to the 2010 Florida traffic accident statistics:

-Teens age 15- to 19-years-old have the highest accident rate of any age group in the state.

-There were nearly 734,000 licensed teen drivers.

-Nearly 27,000 teen drivers were involved in traffic accidents in 2009.

-Nearly 150 teens (drivers and passengers) who died on our roadways.

-Nearly 19,000 teens (drivers and passengers) were injured in traffic accidents.

-Teen drivers in Florida are twice as likely to be involved in an accident as their parents and about three times as likely as their grandparents.

To help educate our state's young drivers, the DHSMV recently launched an interactive teen driver website to help the newly-licensed to learn safe driving habits. Drive with CARE (Courtesy, Attention, Responsibility, Experience), another online resource for teen drivers, is here to help teach parents and young drivers about our state's Graduated Driver Licensing (GDL) law. The website also reiterates the importance of parent involvement in a teen driver's learning process. The CARE information is available on the website or at state and tax collector operated driver license offices.

Recent studies reveal that teens who have more supervised driving time with parents and guardians face lower risks of accidents on our roadways. Teaching your teen driver safe and cautious driving habits early on in their driving career can help them to form lifelong habits that can help to keep them safe on our roadways. Parents are urged to visit the websites listed above and to participate in National Teen Driver Safety Week to help raise awareness about the importance of proper teen driving education.

Continue reading "DHSMV Continues Fight against Teen Car Accidents in Fort Myers and Elsewhere with White Out 2011" »

Florida Highway Patrol has announced that it will be participating in Operation Safe Driver, which takes place from October 16th to October 22nd, according to the Florida Department of Highway Safety and Motor Vehicles. According to director of the Florida Highway Patrol, Col. David Brierton, this time will be used to target drivers of passenger buses and commercial trucks to make sure that each large vehicle and driver is abiding by all federal safety regulations to help prevent fatal trucking accidents in Fort Myers and elsewhere throughout the state.

This year's campaign is being organized by the Commercial Vehicle Safety Alliance and the Federal Motor Carrier Safety Administration. It's estimated that nearly 90 percent of fatal accidents that involve a large truck or a passenger bus are caused by driver error.

Our Fort Myers accident attorneys understand how dangerous traffic accidents can be when a large truck or passenger bus is involved. To help reduce the risks of these accidents the Florida Highway Patrol will be using this campaign to focus on the poor decisions made by the drivers of passenger vehicles and commercial vehicles. This enforcement effort comes after a string of serious bus and truck accidents through the state and the country.

“Activities such as Operation Safe Driver have had a noticeable effect,” said Brierton. “The number of commercial vehicle related crashes in Florida is at its lowest since 2001.”

According to the National Highway Traffic Safety Administration, there were nearly 3,500 fatalities and nearly 75,000 people injured because of traffic accidents that involved a large truck in 2009. Many of these accidents were the result of driver's poor habits behind the wheel. It is these types of drivers that the Florida Highway Patrol is targeting. There's are a lot to target too, considering there were nearly 300,000 large trucks involved in accidents in the U.S. during that time period. Florida witnessed nearly 200 fatal accidents with the involvement of a large truck in 2009.

Safe driving tips from the Florida Department of Highway Safety and Motor Vehicles:

-Make sure you're buckled up every time you drive.

-Make sure that your vehicle's headrest is adjusted to sit behind your head. It should not be placed behind your neck. This is to help minimize whiplash in the event of an accident.

-Never put more people in the vehicle than there are seat belts.

-Make sure the vehicle's tires are in good condition and are properly inflated.

-Always keep the vehicle's windshield clean.

-Never drive while you're under the influence of alcohol or drugs.

-Make sure you know where you're going before you start your trip.

-Plan your trip around road construction areas.

-Obey all speed limits, lights and traffic signs.

-Always use turn signals so that other motorists know your intended maneuvers.

-Look out for pedestrians, bicyclists, motorcyclists and other smaller vehicles on the roadway.

-Keep the music down. Loud music could prevent you from hearing the horn of another vehicle.

-Refrain from using cell phones or text messaging devices. These devices can take your attention off of the roadway and severely increase you risks for an accident.

-Consider weather conditions and adjust your driving habits accordingly.

-Lookout for potholes and other shoddy road conditions.

-Be courteous of other drivers at all times.

Continue reading "FHP Joins Operation Safe Driver to Reduce Risks of Fatal Car Accidents in Southwest Florida and Elsewhere" »

A recent car accident in North Naples landed a 27-year-old driver in jail on a $500,000 bail after allegedly hitting and killing a roadside sign holder and then fleeing the scene, according to Marco News.

In addition to the charge of failing to remain at the scene of a fatal crash, the man has also received a charge of DUI causing death. He denies the charges. The accident happened at Shirley Street and Pine Ridge Road. The sign holder was employed through a nearby restaurant.

The driver in the accident is employed with a local flooring company. The sign holder was a resident of Naples for 14 years. Florida Highway Patrol officers were able to stop and apprehend the driver later on after a witness of the accident followed the man's vehicle and notified officers. The hit-and-run driver was in a Porsche Cayenne. When officers were questioning the man, he told them that he had hit a stop sign and not a person.

Our Charlotte County car accident attorneys understand the incident has the Cape looking to consider placing a ban on all roadway sign holders. These individuals are being accused of being distractions to drivers and increasing the risks of accidents in areas flooded with these advertisers.

Sign-shaking has become a popular form of advertisement in the Southwest Florida area. If there are businesses around, you're sure to find someone shaking a sign. They may soon disappear from the City of Cape Coral though as officials are worried about roadway safety.

Brian Clemens, a Cape Coral resident, is thankful for his sign-shaking job. He lost his job and picked this one up to help put food on the table. He works for about four hours a day for about 5 days a week, shaking his sign on the corner of Del Prado Boulevard and Hancock Bridge Parkway. He spends his time trying to turn drivers into customers, according to NBC2.

"Try and get their attention," Clemens said.

That phrase is what scares officials. Drivers are taking their attention off of the roadway and focusing on these signs. There are sign shakers on nearly every major roadway in the Cape.

Danny Castellanos is another Cape resident who lists his job title as a sign shaker. He tries to lure customers into the "We Buy Gold" store. He spends eight hours a day, six days a week, fighting for the attention of drivers.

If the Community Redevelopment Agency gets its way, these shakers could soon be out of a job.

"You hate to take a job from anybody but you don't want to put them in harm's way," said John Jacobsen, CRA Executive Director.

The Cash for Gold store could have to potentially get rid of 25 employees if the ban goes into effect. Many of the companies say that they wouldn't be able to survive without this form of advertising as it's the most some can afford nowadays.

The only problem with this ban is that sign carrying is a First Amendment right, so there may only be so much that the city can do to stop the distracting ads.

Continue reading "Officials Looking into Banning Sign Shakers to Help Prevent Distraction-Related Car Accidents in Cape Coral" »

Distracted driving-related car accidents in Fort Myers are a hot topic among residents, law enforcement and government officials in our area. There's even a Stop Distracted Driving Facebook page for the city of Fort Myers. Even with all of this awareness about this dangerous driving behavior, we still see about a third of all drivers engaged in distracting diversions.

To help to promote awareness about these dangers, the AAA Foundation for Traffic Safety launched the third-annual "Heads-Up Driving Week." Our Naples car accident attorneys would like to ask all residents to join the week-long event from October 2nd through the 8th and make the pledge to curb all distractions while operating a motor vehicle. Distracted driving-related car accidents took the lives of roughly 5,500 people in 2009. All of these roadway deaths could have been prevented with better driver attention.

It's no secret that we all have a lot to do and that multi-tasking is a regular activity. But what's most important is the need to focus on driving while on our roadways. Every single day, there are roughly 8,000 traffic accidents in the United States alone because of distracted drivers.

Distracted driving facts:

-Drivers typically spend more than half of their time behind the wheel engaging in distractions while also navigating our roadways.

-There were more than one million people killed in car accidents over the last 25 years in the country. Roughly 33,750 people were killed in 2010 alone. Experts blame the increase on the advancements in technology and in driver distractions.

-Using a cell phone while driving makes you more than four times more likely to experience a serious crash.

-Common driver distractions include smoking, listening to music too loudly, eating, slowing down to look at traffic accident scenes, making phone calls, text messaging and interacting with passengers.

-Passenger-related distractions were reported as the number one contributor to distraction-related accidents on our roadways.

According to AAA's Traffic Safety Culture Index, nearly 95 percent of surveyed drivers said that they view emailing and texting behind the wheel as a driving behavior that is completely unacceptable. Nearly 90 percent of these same drivers reported that they completely support laws aimed to regulate or to completely ban the behavior. Still, about a third of them report that they've engaged in this driving behavior at least once within the last month.

This is the "do as I say, not as I do" complex, a common behavior of some drivers. We want drivers to practice safer habits on our roadways but refuse to make the changes within ourselves first. We ask that Florida drivers give this week-long pledge a try. You might just enjoy distraction-free driving, and will be able to truly feel the safety of alert driving habits. Urge your friends, family and coworkers to take the pledge with you.

Continue reading "'Heads-Up Driving Week' Comes to Florida to Help Prevent Car Accidents in Fort Myers and Elsewhere" »

Car accidents in Florida were the number one cause of death for on-the-job fatalities in both 2009 and 2010, according to the Bureau of Labor Statistics. In 2010, Florida experienced more than 200 work fatalities, nearly half of which were caused by work-related traffic accidents. To help combat this problem, the Network of Employers for Traffic Safety (NETS) joined forces with the U.S. Department of Transportation for another Drive Safely Work Week (DSWW). This year's campaign has been titled “Focus 360°: Getting there safely is everyone’s business.” This year's event is ongoing this week, from October 3rd to the 7th.

Our car accident attorneys in Fort Myers, Naples and Port Charlotte understand that distracted driving-related car accidents have been a popular topic of conversation in the state recently. Distracted driving affects everyone on our roadways. As motor-vehicle accidents continue to be the top cause of death for work-related fatalities, these two organizations continue to push for cell phone-free work places. No phone call or text message is worth risking someone's life on our roadways.

This campaign affects everyone on our roadways, whether you're a passenger, a driver or a cyclist. There is something that we can all do to make travel safer. We ask you to practice safe and distraction-free driving habits to help set a good example for your loved ones, other motorists and your coworkers.

In Florida, transportation accidents took more lives of employees in 2010 than falls, fires, explosions, assaults, violent acts or any other type of work-related accident.

"Employers have the potential to reach up to one-half of the nation's population, and their support in our fight to stop distracted driving is crucial." Ray LaHood, U.S. Secretary of Transportation.

For this year's campaign, organizers are suggesting the following:

-Consider creating and enforcing a cell phone policy for your company to help reduce the risks of these types of accidents.

-For employers who already have a policy, consider sharing tips and creating activities to help enforce the current policy.

-Employers who are not interested in creating a cell phone policy are still urged to talk with employees about the risks, the dangers and the consequences of distracted driving.

Distractions have the ability to take a driver's attention off our roadways and to increase everyone's risk for a motor-vehicle accident. In 2010, these types of accidents killed roughly 5,500 people on U.S. roadways. Nearly 500,000 others were injured in these accidents. Drivers who use a cell phone behind the wheel are four times more likely to be involved in a serious traffic accident. Recent statistics conclude that about a fourth of all accidents were caused by a distracted driver.

During the 2010 campaign, there were approximately 5,000 participating organizations. Of those who participated, nearly 90 percent now have some type of corporate cell phone policy We encourage you to join this year!

Continue reading "Car Accidents in Florida Rank as Number One Cause for Work-Related Fatalities" »

The 2011 Distracted Driving Summit will be held this year on October 17th in Washington D.C.. This is an important event that helps to reduce the risks of car accidents in Lee County and elsewhere. This year's event is being put on by the National Organizations for Youth Safety (NOYS) and was made possible through funding from AT&T. NOYS is a firm believer that these types of programs have the ability to make a significant and positive impact on young drivers and for this reason they continue to push the issue on leaders across the nation.

Our Cape Coral car accident attorneys understand just how important these types of events are. It's not been long ago since Cape Coral was ranked the most dangerous city of its size in the nation for teen car accidents. Our newly-licensed teen drivers are oftentimes unaware of the hazards and they lack the experience to effectively deal with dangerous driving situations. They're also likely to underestimate the dangers of distracted driving. With the proper driving education, we can help to ensure the safety of our teens on Florida roadways.

The 2011 Teen Distracted Driving Summit will include:

-The commencement of the new 2011 and 2012 NOYS Teen Distracted Driving Prevention Team (TDDPT). This team consists of 40 leaders and 10 advisers.

-Sponsorship opportunities.

-A TDDPT workshop and training session that will be conducted by a safe-driving expert organizations and companies.

-Presentations by national leaders from the Centers for Disease Control and Prevention and from the U.S. Department of Transportation.

-Booth opportunities for those who wish to showcase products, programs and educations resources.

The organizers of this event also ask that parents get involved. They ask that parents make sure to reiterate the dangers of distracted driving and simple ways to improve safe driving habits. They're also asked to make sure that the vehicle that their teen is driving is well-maintained and that teen understands how to keep it in that condition all year long. Talk with teens about the importance of properly maintaining a vehicle.

NOYS offers you and your teen a vehicle checklist to help ensure that you teen's vehicle is running smoothly and that all is in order.

Car accidents are the number one cause of death for teens in our country. With the proper education and supervision from parents, we can all do our part to help turn this statistic around. As a matter of fact, distracted driving car accidents account for a third of all reported accidents every year. According to distraction.gov, approximately 5,500 people were killed on our roadways in 2009. About 1,000 of these fatalities were the result of a traffic accident that reported the involvement of a cell phone-using driver.

More specifically, drivers under the age of 20 make up the age group with the greatest proportion of distracted drivers. Roughly 20 percent of all of these young drivers were involved in a fatal distracted driving-related accident.

Continue reading "NOYS' 2011 Summit to Help Reduce Risks of Teen Car Accident in Cape Coral, Fort Myers" »

Newly-licensed drivers typically think they've got the whole driving thing down pat. According to a recent study, more than 90 percent of young drivers believe that their driving abilities are better than a majority of other drivers. Problem with that is that it's not true!

Psychologists say they have "illusive superiority," meaning they have a bias that causes them to overestimate their abilities. This also means that they underestimate their negative qualities, which oftentimes result in teen car accidents in Fort Myers. Toyota is trying to help educate these young drivers, according to CNN Money.

Our Cape Coral car accident attorneys know teens and older drivers are most at risk of being involved in a car accident. Those are the drivers targeted by the Toyota study.

One of these projects, conducted at the Virginia Tech Transportation Institute, mounted cameras onto the vehicles of young drivers. The footage revealed teen drivers were making phone calls, sending text messages and putting on makeup, all while remaining completely oblivious to the surrounding traffic. Researchers even saw a teen driver get thrown through the driver's side window because of an accident. Young drivers were also the least likely to wear a seat belt. These drivers are three times more likely to get into a traffic accident than older drivers.

Teens aren't alone in the group of less-than-perfect drivers. Drivers age 75 and older also face a serious increase in the risks for an accident. Research concludes that with age, a driver's ability to take in information at a glance deteriorates. Their field of vision shrinks by nearly 30 percent. These elderly motorists are unable to remain aware of the surroundings and act in a timely manner to them.

Many motorists quietly admit that distractions happen because drivers can be boring and drivers believe that they can multitask behind the wheel. Recent studies conclude that about 30 percent of all traffic accidents are caused by a distracted driver.

To help reduce these risks, Toyota teamed up with the MIT AgeLab to conduct a study that will look into the use of vehicle voice-command systems and its effect on driver distraction. Researchers are looking for ways to reduce the risks of accidents for drivers across the board.

To make sure that everyone will benefit from the study and the research, Toyota is also looking into the body decencies of elderly drivers and is conducting a number of crash tests to better adapt to their body structures.

But no amount of research will replace a safe and alert driver behind the wheel. Put down the distractions and put more of your attention on the roadway. Too many innocent motorists are injured and killed every year because of the inattention of other drivers.

Continue reading "Toyota Studies Top Causes for Senior and Teen Car Accidents in Fort Myers, Nation" »

“Research shows that as children age, they are less likely to be in the appropriate child safety seat for their age and weight. It’s the responsibility of every parent and caregiver out there to make sure their children are safely restrained every trip, every time,” said Liz Moreno, Safe Kids Lee/Collier Counties Coordinator.

She is right. As a matter of fact, national statistics conclude that about 70 percent of children are not properly buckled in their child seat during each car ride. In an effort to change these statistics and to reduce the risks of child injury in Fort Myers, Lee County is participating in National Child Passenger Safety Week, which is held from September 18th to the 24th.

Our Cape Coral car accident attorneys urge all parents to get involved in this week's events; take your vehicle and child car seat to a nearby car seat inspection location. At these locations, a certified technician will inspect your child's car seat and ensure that it's installed correctly into your vehicle. The technician will also teach you techniques to properly install it yourself. In most cases, these inspections are free of charge. It is recommended that you call and schedule an appointment first.

According to the Florida Department of Motor Vehicles:

-Children under the age of 4 must be kept in a federally approved child-restraint seat.

-Children ages 4 and 5 are required to be seated in a federally approved child-restraint seat or seat belt.

-The driver is responsible for properly buckling up all children in the vehicle.

According to the Governors Highway Safety Association, a driver can be fined up to $60 if pulled over by local and state officers for not properly buckling a child into a motor vehicle. The driver can also face points on his or her driver's license.

According to the National Safety Council, car accidents are the number one cause of death for children age 3 to 14 in the United States. Oftentimes parents use the wrong type of child seat for their child's weight, height and age. These seats are sometimes installed improperly as well.

The National Highway Traffic Safety Administration offers these recommendations to parents:

-Children under the age of 1 should be seated in a rear-facing car seat in the back seat of a vehicle. These seats help to support the child's neck, head and spine in the event of an accident.

-Children ages 1 to 3 should be kept in a rear-facing car seat. Once your child meets certain height and weight standards, it's time to move him or her to a front-facing car sea installed in the back seat.

-Children ages 4 to 7 are to be seated in a forward-facing car seat equipped with a harness until they've reached the limitations for that car seat. They are still to be seated in the back seat.

-Children ages 8 to 12 should be seated in a booster seat until they outgrow it. They are to wear a seat belt that lies comfortable on the upper thighs and not on the stomach. Make sure the belt fits snugly across their chest and not across their neck. They should still remain seated in the back seat and away from an active airbag.

With the proper education, parents and caregivers can help reduce the risks children face in the event of a car accident. Drivers are responsible for properly buckling in all children at all times and should be knowledgeable on how to do so.

Continue reading "Parents Can Reduce Risks of Child Passenger Injuries in Lee County" »

A record number of motorists are now wearing their seat belts, according to a recent press release from the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles Executive (DHSMV).

New records conclude that 8 out of 12 of the surveyed Florida counties returned an average seat belt usage rate of more than 88 percent. The 2010 rate of usage was approximately 87 percent. These statistics were recorded this last June during the 2011 Click It or Ticket seat belt campaign. Seat belts have been proven one of the most effective ways to prevent death in the event of a car accident in Cape Coral or elsewhere throughout the country.

“We have made great strides in getting more and more people to buckle up, but we still have a long way to go. We must continue to do even more to meet our vision of delivering a transportation system that is fatality and congestion free,” said Ananth Prasad, Secretary of the Florida Department of Transportation.

Our Fort Myers car accident attorneys would like to point out that pickup truck occupants were among the drivers least likely to buckle up on our roadways. It is important that we get all types of drivers on board with the seat belt campaign. Hundreds of lives can be saved each year with the use of seat belts.

To help raise awareness about the benefits of seat belts, the recent Click It or Ticket campaign, which took place from late May until early June, sent local and state law enforcement agencies out on our Florida roadways in search of motorists violating the state's seat belt law. Officers enacted a zero policy tolerance for those who disobeyed.

According to the Executive Director of the DHSMV, Julie Jones, state enforcement agencies are thrilled with the compliance rate in Florida. She credits the compliance to lawmakers for changing the seat belt law to make it easier to enforce. She also thanks the Florida Highway Patrol and the other partnering agencies for their stepped up efforts to make our roadways a safer place for everyone.

According to seat belt usage statistics, Lee County ranked in at number one after reporting more than 92.4 percent of motorists were wearing seat belts in the county. Collier County followed with a close second with 92.1 percent of motorists wearing a seat belt during the 2011 poll.

Florida county seat belt usage:

-Lee County: 92.4 percent.

-Collier County: 92.1 percent.

-Palm Beach County: 91 percent.

-Broward County: 89.8 percent.

-Leon County: 89.8 percent.

-Duval County: 88.9 percent.

-Pinellas County: 87 percent.

-Miami Dade County: 86.5 percent.

-Polk County: 86.3 percent.

-Orange County: 85.9 percent.

-Marion County: 85.7 percent.

-Hillsborough County: 85.6 percent,

Continue reading "Seat Belt Usage Meets Record High -- Decreasing Risks of Fatal Car Accidents in Lee County" »

Sleepy driving is a quick way to get you into a serious car accident in Naples or elsewhere in Florida. Unfortunately, this is a common occurrence in our state. Drivers believe they have the will power and the strength to tough through fatigued driving, and the truth is that it's harder and more dangerous than it may seem.

In an attempt to help combat the occurrence of fatigued driving-related accidents and to help save lives on our roadways, the Florida Department of Highway Safety and Motor Vehicles and the Florida Department of Transportation is teaming up with a number of state lawmakers and safe driving advocates this month to campaign for Florida’s Drowsy Driving Prevention Week.

Our Fort Myers car accident attorneys understand that a great number of car accidents in the state of Florida report the involvement of a drowsy driver. Unfortunately, the number is expected to be much higher than statistics report because there is no way to be sure that a driver was drowsy at the time of an accident. According to the National Highway Traffic Safety Administration (NHTSA), about 100,000 accidents a year involve a sleepy driver. These accidents are believed to kill at least 1,500 people each year and cause more than 70,000 injuries. These accidents cause nearly $13 billion in monetary losses every year, too.

To help stop drowsy driving-related car accident, the Ronshay Dugans Act was passed back in 2010. This act, which was sponsored by State Representative Alan Williams of District 8, specifically designates the first week of September as Florida's Drowsy Driving Prevention Week.

“Ronshay lost her life after a driver crashed into the bus that she was riding,” said Williams. “Drowsy driving can be eliminated with simple planning and a conscious decision to pull over when you know you are tired.”

The NHTSA reports that these groups face the highest risks for falling asleep at the wheel:

-Drivers ages 16- to 29-years-old. Males are more likely to fall asleep while driving than females in this age group.

-Residents who work irregular hours and workers who oftentimes have their sleeping schedule disrupted by work.

-Drivers who have been diagnosed with narcolepsy or sleep apnea syndrome..

Drivers can follow these simple steps to help prevent a fatigued driving related-accident:

-Get a good night's sleep before heading out on a road trip. It is recommended to get anywhere from 8 to 9 hours of sleep each night.

-Bring a friend along. If you feel tired at the wheel, make a switch.

-Schedule in breaks. Drivers should be behind the week for no more than three consecutive hours.

-If you feel tired, pull over and take a break. It does no one any good to power through the symptoms of fatigue.

Drowsy driving greatly impairs your reaction time and your ability to drive safely. Please keep in mind the safety of other motorists, the safety of your passengers and the safety of yourself next time you try to power through some sleepy driving.

Continue reading "Ronshay Dugans Act Aims to Reduce Fatigued Driving Car Accidents in Naples and Elsewhere" »

The Fort Myers Police Department and about 10,000 other law enforcement agencies throughout the country started enforcement efforts aimed at intoxicated drivers to reduce the risks of drunk driving accidents in Fort Myers and elsewhere through the Labor Day weekend.

The nationwide campaign, “Drive Sober or Get Pulled Over” has officers conducting a number of sobriety checkpoints and various saturation patrols. Officers will be focusing their efforts on the evening hours as that is when drunk drivers are most likely to hit our roadways.

The campaign kicked off on the 19th of August and will be running through the Labor Day weekend, September 5th, according to WINK News.

Our Cape Coral drunk driving car accident attorneys note that recent reports, released by the National Safety Council (NSC), estimate that approximately 400 motorists are expected to die because of car accidents over the upcoming Labor Day weekend. Another 39,000 people are expected to be injured in traffic accidents this weekend.

These accidents are preventable if all residents and visitors vow to drive safely and cautiously over the long weekend. We also ask that you remain sober if you're planning to drive. Keeping intoxicated drivers off our roadways may be one of the most effective ways to help ensure everyone's safety.

Over the last six Labor Day weekends, our county has seen an increase in the number of roadways fatalities compared to similar non-holiday time periods.

Local officers have the following agenda for the Labor Day weekend, according to WINK News:

-Locate and remove drivers who are impaired by alcohol or drugs.

-Reduce the likelihood that an impaired driver will jump behind the wheel.

-Strengthen and heighten awareness.

-Educate residents and visitors about the dangers of driving drunk.

To help make sure that everyone's safe on our roadways over the long weekend, local officers suggest you follow these safety tips:

-Have a plan. If you're going to be drinking, make sure you have a designated driver before you head out for the evening.

-Grab the keys. Do your part to make sure that friends and family members don't get behind the wheel after drinking.

-Heads up. If you're throwing a party over the holiday weekend and you'll be serving alcohol, remember to let your guests know to make transportation arrangements to get home. It is wise to offer non-alcoholic beverages and to make sure that everyone leaving your party has a responsible ride or a designated driver.

The Florida Department of Highway Safety and Motor Vehicles report that in 2009, there were 25 traffic-accident fatalities and nearly 450 injuries in Lee County that were alcohol related.

Labor Day weekend continues to be one of the busiest and deadliest times on our roadways. Motorists are asked to navigate safely and to report any driver that they suspect to be intoxicated by calling local authorities. Please enjoy your Labor Day weekend, remain safe and help to keep your loved ones safe.

Continue reading "FMPD Looking to Reduce Risks of Drunk Driving Accidents in Fort Myers over the Labor Day Weekend" »

Statistics of fatal car accidents in Florida were recently analyzed by CNBC and figures conclude that Florida makes up a third of the list for the "15 Dangerous Cities for Driving." Researchers took a look at traffic data from a number of large cities with populations of 150,000 or more in comprising the list -- and determined which of the nation's cities saw the highest number of car accidents

Our Fort Myers car accident attorneys understand how deadly our roadways can be. There are a number of factors that contribute to the dangers on our roadways. Some of these factors include elderly drivers, tourist drivers, foreign vistors and spring breakers. Drunk driving and driving too fast for road conditions are common causes. And many of our roads simple weren't built to handle current traffic volume. A number of these deadly accidents can be avoided with cautious and defensive driving habits.

The rankings were calculated based on the fatality rate per 100,000 population.

The 15 most dangerous cities to drive in are as follows:

-Oklahoma City: 551,789 population. 74 roadway fatalities.

-Birmingham: 228,798 population. 31 deaths.

-Tulsa: 385,635 population. 54 deaths.

-St. Petersburg: 245,314 population. 35 fatalities.

-Jacksonville: 807,815 population. 116 fatalities.

-Lubbock: 220,483 population. 33 fatalities.

-Memphis: 669,651 population. 101 fatalities.

-Jackson, Mississippi: 173,861 population. 27 fatalities.

-Chattanooga: 170,880 population. 28 fatalities.

-Salt Lake City, Utah: 181,698 population. 30 fatalities.

-San Bernardino: 198,580 population. 38 fatalities.

-Little Rock: 189,515 population. 34 fatalities.

-Augusta-Richmond Co., Georgia: 194,149 population. 38 fatalities.

-Orlando: 230,519 population. 46 fatalities.

-Fort Lauderdale: population 183,126. 41 fatalities.

These statistics illustrate just how dangerous it is to drive in the state of Florida. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were more than 256,000 traffic accidents in the state of Florida in 2006. More than 370,000 drivers were involved in these accidents. This means that more than 700 accidents occurred each day in Florida throughout the year. Florida has an average death rate of 1.65 per 100 million vehicle miles traveled. Nearly 3,500 people were killed in these accidents and another 215,000 people were injured.

Motorists are asked to have a game plan before heading out to your destination. Know the route that you'll be taking to avoid confusion. It's not a bad idea for motorists to check traffic delays before leaving as well. Sometimes the most direct route isn't your safest bet. Don't be hesitant to take a longer route to avoid dangerous or congested driving areas.

Right now we are in that lull before heading into season. Still, August has consistently produced the highest number of traffic accident fatalities nationwide. Please travel safely throughout the state and enjoy the rest of your summer.

Continue reading "Florida Dominates List of Dangerous Car Accident Cities" »

The Florida Teen Driver Challenge is a program with one goal: to reduce the number of teen car accidents in Cape Coral and elsewhere in Florida. The program was launched in 2006 when the Florida Sheriff's Association took notice of the large number of teens that were being killed in car accidents on our roadways.

To help fund the program, the Florida Department of Transportation offered a grant to the state that allowed the Association to create a 12-hour program. The program allows teen drivers to get some hands-on driving experience before being sent out on Florida roads.

This program is especially important for students that are returning to school this month. Our Fort Myers car accident lawyers know the risk to teens; they too often underestimate the risks and overestimate their own driving abilities.

Many of our teen drivers are heading back to school, during rush hour, before the sun even rises. Parents are urged to talk to their teen about the importance of not only a classroom education, but a proper driving education. Get out there and help teach your teen the rules of the road!

The Florida Teen Driver Challenger program is a two-day class that is instructed by Florida Department of Law Enforcement personnel. Each individual instructor works with about 5 teen drivers. Instructors cover a wide variety of topics, including the dangers of drinking and driving, the dangers of distracted driving, the consequences of aggressive driving, vehicle dynamics, all of Florida's driving laws and the consequences of car accidents.

Children are taught in a classroom setting and they're provided with the opportunity to jump behind the wheel for some hands-on driving practice. During their driving practice, students get to learn strategies to avoid car accidents, cornering, braking, off-road recovery and other beneficial skills. In exchange for their thorough driving knowledge, they will be rewarded with a certificate of completion that can earn them a discount on their car insurance.

According to the National Highway Traffic Safety Administration, traffic accidents were the number one cause of death for teens in the United States. Nationwide, there were nearly 2,500 teen deaths resulting from car accidents in 2009. Another 196,000 teens were injured in these incidents.

In 2009, there were nearly 29,500 car accidents that involved a teen driver in the state of Florida. During the same year, our state witnessed nearly 9,000 teen passenger injuries, nearly 11,000 teen driver injuries, approximately 80 teen driver deaths and about 75 teen passenger deaths, according to Florida Department of Highway Safety and Motor Vehicles.

As teens head back to school this year, parents are asked to speak with their young driver about the importance of safe driving habits and the fatal consequences of dangerous driving. Teens may not have safety as a first priority this school year, but it is our responsibility as their parents, guardians and mentors to help remind them of the dangers of the road and to help reiterate the importance of safe driving.

We would like to wish everyone a safe and happy school year and look forward to another year filled with learning, friends and memories.

Continue reading "Teens Face Increased Risks for Fatal Car Accidents in Fort Myers as School Year Begins" »

Holiday weekends come with an increased risk of being involved in a drunk driving accident in Fort Myers and elsewhere in Southwest Florida. To help keep these accidents to a minimum, the Florida Highway Patrol will be participating in a national campaign, "Drive Sober or Get Pulled Over."

Increased enforcement efforts to bust drunk drivers will run through Labor Day. Thousands of law enforcement agencies across the state will be on the lookout for impaired drivers.

Associates and Bruce L. Scheiner, Attorneys for the Injured, continue to support the Lee County Sheriff Department's Mobile Eyes program. Motorists who report a drunk driver to 911 are elibible for a $50 reward if officers can stop and arrest the driver for DUI.

“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 David Brierton.

Labor Day weekend is usually a time when motorists hit the road to join friends and family for one last summer weekend.

During this weekend and next, all FHP personnel in uniform will be combing the streets in search of intoxicated drivers or those who are endangering themselves or others. The increase in active officers aims to make their enforcement efforts more visible on our roadways and to encourage drivers to refrain from driving while intoxicated.

Officers will also be providing assistance to motorists who may break down or need other forms of assistance during travel.

Remember that you can always call *FHP, or *347, to get in touch with the FHP to report a drunk driver or simply to request some roadside assistance.

Not only could your phone call reward you wish some extra money, but it could help to save a life this Labor Day weekend. We encourage all residents to have a safe and happy Labor Day weekend and Don't Drink and Drive!

Continue reading "FHP Targeting Intoxicated Drivers during Labor Day Weekend to Reduce Risks of Drunk Driving Accidents in Fort Myers and Elsewhere" »

As we've recent reported on our Florida Injury Lawyer Blog, our state is one of the few states left that has absolutely no law in place prohibiting or restricting any or all drivers from using a cell phone or texting behind the wheel.

The Governors Highway Safety Association (GHSA) is trying to change that. They recently released the very first comprehensive overview looking into distracted driving records, habits and car accident statistics. The report analyzed research from more than 350 scientific papers published between 2000 and 2011.

Our Naples car accident attorneys understand the hazards that are presented on our roadways when a driver engages in distracting activities behind the wheel. The new report, Distracted Driving: What Research Shows and What States Can Do, summarizes how distraction impacts driver performance and crash risk, how often drivers are distracted, what distracted driving is exactly and what countermeasures may be most effective and what states can do to reduce distracted driving.

“Despite all that has been written about driver distraction, there is still a lot that we do not know,” said GHSA Executive Director Barbara Harsha, who oversaw the report’s development. “Much of the research is incomplete or contradictory. Clearly, more studies need to be done addressing both the scope of the problem and how to effectively address it.”

The report suggests that states implement the following countermeasures to help curb the behavior:

-Evaluate the distracted driving laws and programs of other states. This evaluation should provide the information states need regarding which countermeasures are effective and which are not.

-Implement distracted driving communication programs.

-Record distracted driving in crash reports statewide. Be as detailed as possible to assist in evaluating current distracted driving laws and programs.

-States that have not already passed handheld bans (Florida) should wait until there is more definitive research and data are available on these laws’ effectiveness before create its own.

-Continue to leverage effective, low-cost roadway countermeasures. These countermeasures can include edgeline and centerline rumble strips. These measures are used to alert motorists when their car drifts out of their driving lane.

-Assist employers in developing and implementing distracted driving policies and programs.

“While distracted driving is an emotional issue that raises the ire of many on the road, states must take a research-based approach to addressing the problem. Until more research is conducted, states need to proceed thoughtfully, methodically and objectively,” says GHSA Executive Director Barbara Harsha.

Currently, 34 states, the District of Columbia, and Guam ban text messaging for all drivers. Twelve of these laws were enacted just in 2010 alone. Another 9 states, the District of Columbia, and the Virgin Islands prohibit all drivers from using handheld cell phones while driving. Florida does not regulate driving distractions.

Continue reading "GHSA Steps in to Help Prevent Distracted Driving Car Accidents in Naples and Elsewhere" »

As we recently discussed on our Florida Injury Lawyers Blog, Florida is one of the few states left that still has no law regulating the distractions of drivers on our roadways. Drivers of all ages on our roadways are allowed to talk on their cell phone, send text messages, surf the web and do just about anything else. These distractions are a primary cause in a number of car accidents in Fort Myers, Naples, Bonita, Cape Coral and elsewhere in Southwest Florida.

A recent study, conducted by the U.S. Department of Transportation, reports that areas in our country that enforce laws prohibiting such driving behaviors actually experience a significant reduction in roadway dangers. Transportation Secretary Ray LaHood recently announced that Syracuse, New York, and Hartford, Connecticut were the most recent states to experience these reductions after the execution of two pilot projects used to measure the effects of increased law enforcement coupled with high-profile public education campaigns.

Our Fort Myers car accident attorneys understand the dangers that accompany distracted driving habits. In 2009 alone, there were nearly 5,500 traffic deaths because of accidents that involved a distracted driver. Another 500,000 people were injured in these incidents. Distracted driving fatalities accounted for nearly 20 percent of all traffic fatalities during that year. While 34 states, the District of Columbia, and Guam already enforce texting bans and nine states, the District of Columbia, and the Virgin Islands have prohibited all hand-held cell phone use while driving, Florida has yet to make its first move to protect motorists from these preventable accidents.

"These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel," said U.S. Transportation Secretary Ray LaHood. "Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents."

Each pilot program was funded by $200,000 in federal funds and $100,000 from the state. Each area examined whether increased police enforcement along with paid advertising and news media coverage had the ability to reduce distracted driving. Both pilot efforts used "Phone in One Hand, Ticket in the Other" as the media campaign theme. This media theme was similarly structured to the highly-successful national seat belt campaign, "Click It or Ticket."

The studies concluded:

-Syracuse, New York witnessed a decrease in handheld cell phone use and texting behind the wheel by a third. This area credits high-visibility enforcement for the reduction.

-Hartford, Connecticut witnessed nearly a 60 percent reduction in handheld use. Texting by drivers reportedly dropped by nearly 75 percent.

"The success of these pilot programs clearly show that combining strong laws with strong enforcement can bring about a sea change in public attitudes and behavior," said NHTSA Administrator David Strickland. "We applaud the work of the men and women of the Syracuse and Hartford police forces, and call on state legislatures, law enforcement and safety advocates across the nation to follow their lead."

Florida may one day be able to experience the same benefits of safer roads if our state decides to enact a law to regulate the distracting driving habits of motorists. Until then, safe driving habits are the sole responsibility of the individual driver. Be safe, be responsible and be focused.

Continue reading "Studies Fail to Influence Distracted Driving Regulations in Florida to Reduce Car Accidents in Fort Myers and Elsewhere" »

The Naturalistic Driving Study, the world’s largest field study of driving behavior, is looking for participants in Florida. This study looks to record driver's actions and reactions behind the wheel when interacting with varying traffic conditions and in the event of a car accident in Fort Myers or elsewhere. The study is looking for 3,100 drivers to volunteer in Buffalo, Seattle, Tampa Bay, Durham, central Pennsylvania and Bloomington. Researchers will then use this recorded data to aid the development of safety improvements in road design, cars, and driver training programs, according to Forbes.

“Collision prevention is the central goal of the study” said Ken Campbell, chief program officer overseeing safety for the Strategic Highway Research Program, which is part of the non-profit Transportation Research Board. “And the driver is the key to prevent collision.”

Our Fort Myers car accident lawyers understand the benefits of a study like this one. Previous studies only focused on countermeasures that protect vehicle occupants after a collision, like seat belts, airbags and crash-worthy vehicles. This is a new study that focuses on driver behavior, which is the primary cause of most accidents. The researcher's goal is to develop more efficient crash avoidance systems.

In this study, sponsored by the Federal Highway Administration, 3,100 drivers will be monitored with a video recording system that includes four video cameras. These four cameras will tape forward and rear views and the driver’s face and hands. Monitoring equipment, including GPS, wireless radar and sensors, will also record information about environmental variables like traffic, lighting and weather conditions.

All of this information will be held in a storage box in the vehicle that is about the size of a text book. Researchers will retrieve this information from the vehicle every four to six months.

“You can’t just look at collisions or near collisions to know what risk factors are. It’s that comparison with what the driver is doing when there is not a safety-related event that tells you what the risk factors are,” says Dr. Campbell.

The study is mainly looking for participants under the age of 25 and over the age of 65. Both of these groups represent a small percentage of drivers who have high collision rates. Accidents at intersections and crashes that happen when the driver runs off the road will be the initial focus areas of this study. Each participant will receive $500 for each year they participate. To participate, you must have a valid driver’s license, proof of insurance and an approved vehicle. Your participating vehicle is subject to a brief inspection. More than half of all vehicle makes on Florida roadways are eligible for the study. It generally takes less than four hours to install the study equipment into the vehicle.

“This study is long overdue and has the potential for providing the most comprehensive look at why highway crashes occur,” said Peter Kissinger, president and chief executive of the AAA Foundation for Traffic Safety, a nonprofit research and educational organization that provided technical advice for the study. “It is unprecedented in its scope and approach. It will be a wonderful supplement to other ongoing and planned traffic safety research efforts. My only disappointment is that the transportation research community didn’t initiate the study several years ago.”

Continue reading "National Crash Study Examines Car Accidents in Florida" »

When your child turns 16-years-old, it's time for them to hit the road -- alone. There are no more carpools from mom and dad if they'll be getting their own vehicle. Are you sending your teen out on our roadways in a vehicle that's going to protect them in the event of a Fort Myers car accident? You may have a lot of questions regarding your teen's first vehicle, but don't worry because we're here to help.

It hasn't been that long ago since we reported that Cape Coral was the most dangerous city of its size in the nation for teen drivers. Our Cape Coral car accident attorneys understand that parents want to do all that they can to protect their young, newly-licensed drivers. What kind of car is best for them? Are they better off in a new or a used car? Which type of vehicle is going to keep them safe? These are all common questions that a parent with a teenage driver is bound to ask themselves.

First and foremost, you're going to have to decide whether they should get a new or a used vehicle.

"A first time driver doesn't need a new car, but of course they want one," says Lori Mackey, president of Prosperity4Kids. "The depreciation, probability of fender benders and the price tag [means new] is not the most logical way to go."

A new car will save you the hassle of breakdowns and repairs, but a certified pre-owned car will still provide you with the advantages of a new-car warranty. Used cars may even offer you some better financing rates than a new vehicle would, according to Daily Finance.

Yes, new cars will come with the latest safety bells and whistles, but late-model used cars will still come with airbags, anti-lock brakes and electronic stability control. Even better, a used car typically won't come with power and performance features that can overwhelm a new driver.

"I see these young, inexperienced drivers in Mustangs, BMWs, and large SUVs. These automobiles are big, powerful and difficult to control for even experienced drivers. In the hands of a new driver, they can be deadly weapons," says LeeAnn Shattuck, co-owner and chief car chick with Women's Automotive Solutions.

So you've figured out if you're going to get them a new or a used car. Now you have to start narrowing the search and think about which type of vehicle is best for them. To get this information, you can research websites like the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety for reliable safety and crash-test information. You're also urged to check out J.D. Power and Associates for quality and reliability ratings.

This is also a time when you want to take things into consideration like the distance and frequency the car will be used for travel. This is when you need to consider MPG ratings as well. You don't want to get your child a vehicle that they can't afford to drive to the gas pump. You can check out vehicles mileage data on www.fueleconomy.gov.

"This not only allows you to check and compare fuel economy ratings, but give a lot of good tips on how to maximize fuel economy in other ways that everyone can do. You can research vehicles back to 1987," says Michael Rabkin, president, From Car to Finish, a vehicle research firm.

You're not going to want to get them a teeny car either to save at the pump. The smaller the vehicle, the more problematic it can be as it's less likely to protect them in the event of a front-end accident. Realistically, their safest in a mid-sized sedan with a four cylinder engine, airbags and a good crash test rating.

"Having a car is not a birthright," says Gail Cunningham, spokesperson for the National Foundation for Credit Counseling, who raised four children. "Today's teens seem to think that they should have a car waiting for them in the driveway when they return home from the Motor Vehicle Department with their driver's license. If that's right for your family, fine. But don't be held hostage to peer pressure, and by that I mean from other families who are buying their teen a car."

Continue reading "Choosing Your Teen's First Car and Preserving their Safety in a Fort Myers Car Accident" »

About a year ago, authorities nixed the statewide system that allowed teens to take their learner-permit driving exam online. Well, the tests are to be back online in an attempt to appeal to the keyboarding generation, to provide more convenience to the customer and to reduce the wait at some of our local Department of Highway Safety and Motor Vehicles offices. But will these online tests encourage cheating and increase our teens risk for a car accident in Fort Myers and elsewhere in Florida?

The program was initially pulled from the Internet because officials discovered that roughly 40 percent of teens who passed the exam online failed it in person at the DMV, according to the News-Press.

Our Cape Coral car accident attorneys understand that teens require every bit of driving training available to prepare them for the dangers they'll inevitably face on our roadways. Rep. Irv Slosberg of Boca Raton isn't too thrilled about the decision. He has become an advocate for teen road safety ever since his teenage daughter died in a car accident. He believes that the decision to put these tests back online is a move that no parent in their right mind would approve. Gov. Rick Scott recently signed it into law.

"This sets road safety back 10 years," Slosberg said.

Teens will no longer have to study and memorize important road rules for fear of failing the test. Online testing allows for these tests to be an "open book" opportunity.

It's estimated that roughly 70,000 teens each year apply for a Florida learner-permit.

The online written exam includes 40 multiple-choice questions. Half of them cover road rules and half cover road signs. Teens can only miss 5 questions on each half.

"I've had students fail it repeatedly right up to the last day of class," said Lake Worth High driver education instructor Sam Howell, who has taught the class for 34 years. "The thing I don't like about it is there's nobody monitoring the test, so we truly know who took it, or that they didn't get any help."

The DMV understands teen's temptation to cheat and asks that parents do their best to stop it from happening. To help enforce this, the new testing system will hold parents more accountable. The DMV warns that if an applicant is found to have cheated, the parent's license could be suspended.

Teen drivers are typically more vulnerable on our roadways for the simple fact that they possess less driving experience. Teen drivers have recently been placed on the National Transportation Safety Board's (NTSB) "most wanted" list. This is a list that targets those who present the most dangers to motorists on our roadways, or those who are most at risk. The campaign aims to raise awareness about these drivers and encourage ways to better improve their skills.

According to the NTSB, car accidents are the number one cause of death for teens in the U.S. It is estimated that we lose nearly 10 teens on our roadways every day. The risk of motor vehicle accidents is higher among teen drivers than among any other age group of drivers. Even though licensed teen drivers make up only 7 percent of the entire driving population, they account for nearly 15 percent of drivers involved in all fatal accidents.

Parents should enforce these rules to help protect their teen driver on our roadways:

-Limit the driving times, destinations and the number of passengers allowed in the car when your teen is driving.

-Make sure to set and enforce check-in rules for your teen. Require them to call or text when they arrive at their destination and when they are heading home.

-Know who your teen is with and where they’re going.

-Be sure to discuss your expectations for celebrating special occasions like prom and graduation responsibly. It is important to discuss these behaviors even when your teen is not the one behind the wheel.

-Talk to your teens about the dangers of impaired and distracted driving. Talk to them about drunk driving. Even though they're not old enough to consume alcohol, it doesn't mean that they can't or won't.

Continue reading "Teen Driver Tests Back Online in Florida - Officials Worries about Cheating" »

Not only are Florida drivers able to use their cell phones while operating a motor vehicle, but they can also shuffle through their iPod play lists, surf the internet, send text messages and find their destinations without ever taking their eyes off the road. Although our driver's eyes may still be on the road, their mind may be somewhere else and therefore experience increased risks of being involved in a car accident in Fort Myers and elsewhere in Florida.

"Consumers are wanting, expecting and you could say demanding more technology in their cars," said said Tim Jackson, president and chief executive of the Colorado Automobile Dealers Association. "As their lives have become more technologically driven, they want those same creature comforts in their cars."

Florida is still one of the few states left that has yet to pass a law regulating any type of distracting driving habit. A number of studies have reported that these driving devices, many of them hands-free, require that a driver take some of their attention off the road. Our Fort Myers car accident attorneys understand that drivers pretty much have free reign when it comes to electronic devices in our vehicles, but it's not recommended that we use these devices while driving as the results can be serious, if not deadly.

"The most important thing we've found in our research and various studies is keeping your eyes on the road and hands on the wheel," said Jim Buczkowski, director of Ford electronics and electrical systems engineering.

Because of the growing number of distracting devices now available in vehicles, the National Highway Traffic Safety Administration started conducting studies on just how dangerous these devices can be. Nearly 5,500 people died on U.S. roadways because of car accidents that involved a distracted driver in 2009. The number one distraction reported in these accidents was the use of a cell phone.

Some argue that voice-operated devices allow the driver to keep their eyes on the road. While this may be true, their mind and focus can be somewhere else.

"We have found any sort of distraction increases the likelihood of being in a crash, even with hands-free options," Hobbs said. "We encourage people to eliminate as much distraction as possible."

Merecedes offers a brand new technology, the SplitView. This is a device that lets the drivers continue to access directions or other navigation data while his of her passengers enjoy a DVD on the same monitor, according to the Denver Post.

"The standard has been set by the consumer devices (such as smartphones)," said Henry Bzeih, head of Infotainment and Telematics at Kia Motors America. "The expectation is that the car should behave the same way."

Not everyone agrees. David Strickland, the administrator of the National Highway Traffic Safety Administration, aims to put a stop to a number of these distracting devices. He recently spoke to a crowd at the Telematics Detroit 2011 conference and told them about his plans to oppose unsafe technologies. He believes that these new "convenient" technologies do nothing more than contribute to distracted driving, according to Government Computer News.

"I'm just putting everyone on notice,” Strickland said, “A car is not a mobile device."

Strickland isn’t opposed to all new technology. He does note that cars can come equipped with useful IT-based technologies, including Global Positioning System navigation, automated emergency notification and internal diagnostics.

“I'm not in the business of helping people tweet better,” he said. “I'm not in the business of helping people post on Facebook better.”

According to a number of studies conducted by the Insurance Institute for Highway Safety, hands-free devices do help to eliminate physical distractions but do nothing to reduce cognitive distractions. A driver on the phone, by any means, increases their risk of an accident.

Continue reading "New Vehicle Technology -- Contributing to Car Accidents in Fort Myers and Elsewhere?" »

Authorities arrested a 24-year-old man after he drove his SUV head-on into a tree on San Carlos Boulevard last week, according to NBC 2. Officers conducted a field sobriety test on the driver and concluded that he had a blood alcohol content level or .167 -- more than twice the legal limit. He was arrested and is facing charges of DUI and DUI property damage for the Fort Myers drunk driving car accident.

The accident happened as the driver lost control of his vehicle, crossed into the southbound lanes and crashed into both a trailer and tree in the parking lot of Pincher's Crab.

Our Naples personal injury attorneys recognize the dangers that alcohol-impaired drivers present to innocent motorists on our roadways. Luckily, no one was injured in this accident. That's not always the case; accidents involving these drivers are often fatal. For this reason, alcohol-impaired drivers have been placed on the National Transportation Safety Board's "most wanted" list.

The most wanted list is part of a program that aims to increase awareness of these incidents and to increase support for safety steps that can help to prevent these types of accidents and help to save lives.

Nearly 11,000 people were killed on U.S. roadways in accidents involving drunk drivers in 2009. Roughly a third of these fatal accidents involved an alcohol-impaired driver. It is estimated that someone dies every 48 minutes in an accident with one of these irresponsible and careless drivers. What's even more alarming is that the National Highway Traffic Safety Administration estimates that a person makes nearly 90 impaired driving trips before being arrested.

The NTSB encourages state government to consider the following regulations to help decrease the number of drunk driving accidents:

-Limit the use of diversion programs. Once convicted, it is important that drunk drivers are served the proper punishment.

-Stick to proposed sentences. Plea bargains do nothing to reinforce the seriousness of these incidents.

-Conduct sobriety checkpoints often. Not only are checkpoint important during holiday weekends, they can also be used randomly throughout the week to help bust drunk drivers.

-Enforce administrative license revocation for drivers who refuse to take or fail a sobriety test.

-Assess all offenders for underlying alcohol problems. This will help to reduce the risks of a driver becoming a repeat offender.

-To reduce recidivism, use jail alternatives, including dedicated jail/treatment facilities, home detention with electronic monitoring, or intensive supervision probation.

-Consider ignition-interlocking devices to those who have been convicted of a DUI.

In 2009, Florida witnessed nearly 1,000 deaths resulting from traffic accidents that involved an alcohol-impaired driver. The number of these fatalities can be reduced with stricter enforcement efforts and more public awareness about the dangerous driving habit.

Continue reading "San Carlos Drunk Driving Accident Lands 24-Year-Old behind Bars" »

Florida is one of the few states left that has no law prohibiting or restricting drivers, of any age, from using a cell phone or from using text-messaging devices. That's right. Florida drivers are free to engage in a number of distractions while operating a motor vehicle on our roadways. These distracting devices only increase the risk of being involved in a car accident in Naples and elsewhere in the state.

Many times, in the last several years, the Florida legislature has made attempts to ban distracting driving habits through a number of bills that would regulate this dangerous habit. None of these bills have passed.

These driving habits make our roadways very dangerous. According to Distraction.gov, nearly 5,500 people were killed on U.S. roadways in 2009 because of accidents that involved a distracted driver. Another 448,000 motorists were injured in these accidents. Our Fort Myers car accident attorneys understand the lack of a cell phone law affects the safety of all motorists. Drivers are urged to regulate their own cell phone usage until a law is put into effect to help save lives on our Florida roads.

The Florida legislature was able to pass a bill that would make all driver education classes include discussions and demonstrations on the risks associated with using wireless communications devices while driving. This bill, House Bill 689, has been sent to the Governor. He has yet to sign it, according to DrivingLaws.org.

Florida may not be in charge of making its own cell phone laws for much longer. Rep. Carolyn McCarthy, D-N.Y., recently proposed the Safe Drivers Act of 2011. This is legislation that would federalize cell phone usage while driving, according to Auto Trends Magazine.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

Under this proposed legislation, the U.S. Department of Transportation would be required to set up a nationwide standard that would prohibit cell phone use while driving for everyone in the country. Drivers would still be able to use voice-operated, vehicle-integrated devices and voice-operated GPS systems.

While cognitive distractions are still present with certain hands-free devices, it is a much less serious problem than using a hand-held device.

Requirements of the new bill include:

-The DOT would be required to conduct a study on distracted driving. This study would be required to focus mainly on the issue of cognitive distraction and the impact of distraction on young and inexperienced drivers.

-Within two years, the DOT would be required to report the conclusions of the study to Congress. They would have to accompany these conclusions with recommendations for revising the minimum distracted driving prohibitions and penalties states must comply with.

-Once the federal law is put into effect, states would have two years to comply with the law. If they fail to do so, they could face a 25 percent reduction in federal highway funding.

Cell phone use is the number one reported distraction in accidents that reported the involvement of a distracted driver. Of the nearly 5,500 fatal distracted driving accidents in 2009, nearly 1,000 of them reported a cell phone as the distraction. Motorists who use hand-held devices while driving a motor vehicle are four times as likely to get into an accident serious enough to injure themselves.

Continue reading "Still Allowing Distracted Driving Accidents in Florida - One of the Last States to Regulate Cell Phone Use by Drivers " »

Drive safely and abide by all traffic laws this weekend because the Florida Highway Patrol will be out in full force during the long weekend in an effort to reduce the number of car accidents in Fort Myers and elsewhere throughout the state.

The holiday weekend officially begins this afternoon and goes through midnight, July 4.

As we recently discussed on our Florida Injury Blog, it's estimated that nearly 40 million people will be traveling during the holiday weekend. We not only see an increased amount of traffic during this time of the year, but we also see and increased number of serious, and fatal, car accidents.

Our Cape Coral car accident attorneys ask that all motorists be safe and alert on our roadways throughout the entire weekend. Your risks of being involved in a car accident during these three days greatly increases, compared to any other weekend out of the year. As a matter of fact, the Fourth of July has consistently been ranked as the number one deadliest holiday weekend on our roadways. You are urged to drive safely and legally this holiday weekend not only to avoid a traffic ticket, but to avoid a traffic accident.

"The Florida Highway Patrol is committed to making Florida’s highways safer, and we plan to do that by bolstering our forces to reduce the number and severity of crashes," said FHP Director, Col. David Brierton. "Our troopers will take appropriate enforcement action on those drivers who put themselves and others in danger. We want everyone to have a safe traveling experience in our state as they enjoy the holiday weekend. I encourage motorists to do their part by complying with all traffic laws and making sure everyone in their vehicle is buckled up.”

Everyone on the force will be patrolling the interstates and other major state roads over the weekend. FHP Auxiliary and Reserve troopers will be volunteering their time to augment the Patrol’s forces during the holiday enforcement period, too. The force aims to increase their presence throughout the state in an effort to deter traffic violations and accidents. They're also available to help motorists who break down or who may need other assistance.

The FHP would also like to take this time to ask motorists to check their tires before venturing out this holiday weekend. We've discussed the consumer advisory, released by the U.S. Department of Transportation, recently on our Florida Injury Lawyer Blog. The hot summer weather and under-inflated tires can be a deadly combination. Driving long distances in our Florida heat can cause a vehicle tire to deteriorate, which can lead to blowouts and tread separation.

Here are some safe driving tips for your Fourth of July weekend:

-Check your tires. Check your tire pressure and the condition of your tires before you leave for a road trip.

-Check your battery. If your battery is old, toss the jumper cables in the trunk before you leave. or better yet, invest in an little preventive maintenance and a new battery.

-Turn on your lights. Check your headlights, taillights and turn signals before you start a trip. Have a friend walk around the car while you test the car lights and signals from the inside.

-Bring along a first aid kit and roadside assistance kit.

-Don't drink and drive. Designate a driver or call for a cab if you're drinking.

-Wear your seat belt. Seat belts help to save lives.

-Obey all traffic laws.

-Make sure you've got your proof of car insurance. Whether you are traveling close to home or out-of-state, you should always have your proof of car insurance in your glove box. It's also a good idea to keep a disposable camera, note pad and pen in your car, just in case you get into an accident.

Our Fort Myers car accident attorneys would like to wish you a safe and happy Fourth of July and ask that everyone be extra careful on our roadways throughout the entire weekend.

Continue reading "All FHP Officers Will be Patrolling our Roadway this Fourth of July Weekend to Prevent Car Accidents in Fort Myers and Elsewhere" »

Our Fort Myers Personal Injury Lawyers wish you and your family a safe Fourth of July holiday weekend. We know many of you will take to the roads to get away for a couple days -- please be careful.

As AAA estimates, more than 39 million people will be traveling this Independence Day holiday weekend, which is actually slightly down from 40 million last year, USA Today reports. The national driving organization believes that high gas prices -- up about $1 on average from last year -- contribute to the dip in traffic.

But 39 million cars still represents a high volume of vehicles traveling our highways and byways. And with Southwest Florida representing a vacation hot spot and destination for many travelers, our local roads may see an uptick in traffic. While that may be good for the local economy, it could be devastating if people get into car accidents in Fort Myers, Naples and elsewhere during the holiday weekend.

According to 2006 data from the Florida Department of Highway Safety and Motor Vehicles, 702 motor vehicle accidents occur every day in the state and thousands of people die each year on Florida roads.

These accidents can be minor fender-benders that cause little damage to the vehicle and no injuries to drivers and passengers. But that isn't always the case. Especially on busy highways.

Common Fourth of July Accident Causes:

Drunk driving accidents: According to 2009 data from the non-profit Century Council group, more than 53,000 arrests were made in Florida for DUI. That year, 770 people died in alcohol-related accidents.

Drunk driving accidents claim many lives each year and cause unparalleled devastation to families throughout Southwest Florida. And for those who survive, their recovery can last months or years or it's possible they can't fully recover from injuries sustained in these senseless wrecks.

Motorcycle accidents: You've likely seen the bumper stickers "Motorcycles are Everywhere" and "Look Twice For Motorcycles." Because Florida has such inviting weather, motorcycles are, indeed everywhere. And because they provide less protection than vehicles, riders are particularly susceptible to injury and death.

Florida has nearly 500,000 registered motorcycles, which ranks second only to California, another state with warm weather. And motorcycles are typically out and all times of the year because it is warm nearly year-round in the Sunshine State. Motorcyclists often have difficulty avoiding vehicles that pull out quickly without properly looking both ways. So, always be attentive while driving.

Pedestrian accidents: Like motorcyclists, pedestrians are at the mercy of drivers because they have very little protection. Distracted drivers often cause serious injuries to pedestrians in Collier County and elsewhere in Southwest Florida. Thousands of pedestrians are injured each year in Florida.

Continue reading "Fort Myers Fourth of July Traffic Could Be Hectic, So Avoid Car Accidents" »

Teen drivers recently met at our Nation's Capital to focus on the importance of safe driving habits during the summer months, especially when sharing our roadways with large trucks. Teens were involved in an interactive event to discuss the risks and consequences of a serious car accident in Fort Myers and elsewhere this summer. Each teen pledged to avoid the blind spots of large trucks and signed a “No Texting Promise” during this truck safety demonstration.

This demonstrations was conducted by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), the National Organizations for Youth Safety (NOYS) and the Commercial Vehicle Safety Alliance (CVSA). Officials from each organization spoke with these teens about the dangers of large trucks. For example, a fully loaded tractor-trailer requires approximately twice the stopping distance as a passenger vehicle. They also discussed their "No Zones," or blind spots.

Our Cape Coral personal injury attorneys understand that most of our young drivers do not have enough driving experience or driving knowledge to fully understand how these larger vehicles operate. They also lack the knowledge of how to properly and effectively accommodate their travel on our roadways. For these reasons, it is important to speak with our newly licensed drivers to make sure they understand the risks and consequences of accidents that involve such large vehicles. With proper knowledge, skill and experience, a serious -- or fatal -- accident may be prevented.

“We want everyone to be safe, but as newer drivers, teens must adhere to a few simple rules,” said Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration. “They are: buckle up, don’t drink and drive; don’t speed, don’t text or use your phone, and steer clear of a truck’s blind spots.”

According to the U.S. Department of Transportation’s Fatality Analysis Reporting System, the deadliest days for teen drivers, ages 15- to 19-years-old, on our roadways are during the months of May through August. Twice as many teens die each day on our roadways during these 4 months as compared to the rest of the year. During this time, nearly 16 teen deaths occur on our roadways compared to an average of roughly 9 teen deaths a day during the year as a whole.

"Prom, graduation, and summer are fantastic times for youth to celebrate and enjoy. However, with these fun times come unfortunate tragedies,” said Sandy Spavone, President of the National Organizations for Youth Safety (NOYS). “Through education, enforcement, and legislation lives can be saved and injuries prevented."

Individuals aged 16- to 24-years-old make up the age group that has the highest traffic accident death rate in the United States. Between the years of 2005 and 2009, approximately 4,000 people from this age group were killed in traffic accidents that reportedly involved a large truck.

“Do not expect that having a driver's license is a right that comes without responsibility or risk,” said Steve Keppler, Executive Director of the Commercial Vehicle Safety Alliance (CVSA). “Be accountable for your actions, spread the word to your friends and parents, and help create a culture of safety. Most importantly, take the driving task seriously. You never know the impact you can have that ultimately could save your life or someone else's."

According to the National Highway Traffic Safety Administration, there were approximately 380,000 large trucks that were involved in traffic accidents in the United States in 2008. More than 4,000 of these trucks were involved in fatal accidents that resulted in nearly 4,500 deaths. Another 90,000 people were injured in these crashes. During 2008, there were nearly 300 large trucks that were involved in fatal traffic accidents in Florida alone.

Continue reading "Teen Drivers Likely to be involved in a Motor-Vehicle Accident with a Truck in Fort Myers and Elsewhere This Summer" »

Everyone thinks they know how dangerous texing while driving is, but do you know just how deadly it can really be? Ask a Naples woman who recently lost her pregnant daughter because of a distracted-driving accident, according to WINK News. Now, to increase awareness of this dangerous habit, drivers are filmed while attempting to complete an obstacle course while texting. Supports hope to illustrate your increased risks for being involved in a serious car accident in Fort Myers and elsewhere because of distracted-driving.

"She was going to walk the block to finish packing her stuff and I was to meet her there, pick her up with her belongings, and drive her back to her apartment she just got," said Kristin Murphy, the mother of the victim.

Our Naples car accident attorneys understand the dangers of distracted driving. But we would like all motorists to understand the dangers and risks that accompany these poor driving habits. As technology continues to advance, the number of distracting devices available to drivers increases. It's not only technology though. A driver can be distracted by virtually anything, including other drivers, the radio, their current mood and even maps. It is important for all drivers to focus on one thing, and one thing only, while behind the wheel of a motor vehicle -- driving!

Kristin's daughter was in the process of moving out into her own apartment back in March of 2009 when the accident occurred. Her new apartment was only a block away from her mother's house.

Her daughter was passing through the intersections of U.S. 41 and Airport Pulling Road, and never made it.

"18-year-old boy on his cell phone didn't see them crossing the street and hit both girls," recalled Kristin. "Chelsey was hit first. She took the brunt of the injury. She flew up on the hood, hit the windshield and was thrown 30-feet. Her friend was dragged a 105-feet by the car. Both girls were trauma-1 alerts, taken to Lee Memorial Hospital via the helicopter."

Kristin's daughter died a few days later in the hospital. The distracted driver never even knew he hit anyone.

"The police officer asked him what he was doing-- said he was talking to his friend on the phone when the impact occurred," said Kristin. "The police officer asked him if he knew what he hit and he said, 'I think it was a water cooler.' The dragging part was my daughter's friend he drug here 100-feet."

Kristin now advocates against distracted driving. She recently attended an event at the speedway at Disney. This is where Kristin watched parents take their teen drivers on an obstacle course that was set up by Allstate Insurance.

"The phone rings. You sort of feel bad if you don't answer it. If someone sends you a text, your PDA buzzes, people feel like they have an obligation to respond to the person when they really have an obligation to themselves and other people on the road to keep them safe," said Allstate CEO, Thomas Wilson.

Drivers at the speedway were to complete the obstacle course three times. First they had to go through it without any distractions. The second time they went through it one the phone and the third time they were to complete the course while trying to text and having passengers distract them. Cameras on the vehicle captured everything they ran over and even the driver's reaction.

"When you're talking on the phone you're into your conversation you're actually visualizing the person you're talking to. You can see straight ahead, but you have tunnel vision; you can't see what is on your sides," Kristin explained.

Kristin now has a national PSA on YouTube that features her daughter's face and a strong message about two lives that are forever changed.

"Chelsey's dreams are buried with her and this boy's dreams are gone. He can't be a police officer. He can't do that. He has two felonies now." she said.

Distractions affect drivers in a number of ways. For one, it slows their reaction time to the same slow-reaction time of a driver who is legally drunk. Drivers who use a cell phone behind the wheel of a motor-vehicle are 4 times more likely to be involved in a serious car accident. For the safety of you, your loved ones and everyone else on our roadways, we ask that you hold off on the distractions until you've come to a complete stop on the side of the road. No life is worth losing over a phone call or a text message.

Continue reading "Teen Killed by Distracted Driver in Naples" »

The results are in.

According to the GMAC Insurance National Drivers Test, Florida has some of the worst drivers in the United States. Florida ranked 37th out of the 50 states for knowledgeable drivers. The Sunshine State had an average test score of 76.5 percent. This means that nearly 20 percent of our drivers wouldn't pass the written drivers test if they were to take it today.

After reviewing these test scores, it's no wonder there are so many fatal car accidents in Naples, Fort Myers, Bonita Springs and elsewhere throughout the state of Florida.

Our Fort Myers personal injury lawyers recognize that these results are a bit disheartening. According to the report, there are almost 37 million American drivers who would not be able to pass a drivers test. We hope these test scores will serve as a wake-up call for drivers to re-up their driving skills to help preserve what safety we have left on our roadways.

The GMAC test results concluded that one in five drivers on the road do not meet the basic requirements to get their driver's license, but they still have one.

”The GMAC Insurance National Drivers Test has become the benchmark for America's driving IQ,” said Scott Eckman, chief marketing officer, GMAC Insurance. ”All Americans need a refresher course when it comes to rules of the road and it begins with education. We're hoping this year's GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe.”

Our country did see an increase of 1.7 percent from the 2010 test score average. Still, our average test score was only a 77.9 percent. According to the GMAC report, nearly 90 percent of tested drivers were unable to identify the correct action to take when pulling up to a steady yellow light. Only 25 percent of those tested were able to correctly determine a safe following distance.

Many drivers don't even know they're lacking proper driving knowledge and skills. This is why GMAC Insurance conducts an annual National Drivers Test in hopes of raising some awareness about our drivers' lack of skills. The organization hopes these results urge drivers to improve their credentials before they're involved in a serious -- or fatal -- motor-vehicle accident.

The GMAC Driver's Test Highlights:

-Men returned better test scores that women did. One in four women failed the test. Overall, men averaged an 80.2 percent and women averaged a 74.1 percent.

-The Midwest region of the country may have the safest roadways to travel as they were ranked first with an average test score of 77.5 percent.

-You may not want to drive throughout the Northeast region of the United States. They ranked last in the country with an average score of 74.9 percent.

-Older drivers, ages 60 to 65, are reportedly the most knowledgeable drivers. They returned the highest average score at 80.3 percent.

-One of every three drivers in New York and Washington D.C. failed the test, but Wyoming had the most failing scores.

-After three years in a row, New York is no longer the state with the worst drivers. This year they jumped from dead last to 45th place with an average test score of 75.3 percent.

You can take the National Drivers Test yourself to see where your driving knowledge stands.

Continue reading "Sunshine State Ranks in Bottom for National Drivers Test Scores" »

As you know, judging by the heat and the humidity, the summer is officially here. Unfortunately, so is the increased risk of a tire-related car accident in Fort Myers, Naples and elsewhere throughout the state. According to a U.S. Department of Transportation consumer advisory, this is the time for you to check out your vehicle's tires to help prevent one of these serious accidents.

Motorists are urged to check the air pressure in their tires. Drivers should also check out the condition of their tires, looking for bulges, uneven wear and general conditioning. The hot summer weather and under-inflated tires prove to be a deadly combination.

Our Naples personal injury attorneys urge residents to take the proper safety precautions this summer to help to prevent an accident. As the summer travel season begins, motorists will be hitting the road. The consumer advisory has been released to coincide with National Tire Safety Week and drivers around the country need to be aware of the condition of their tires, but especially those in Florida and other hot-weather states.

"As the weather warms up, it's especially important for drivers to ensure their tires are properly inflated," Secretary Ray LaHood said. "For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation."

According to the National Highway Traffic Safety Administration, roughly 3,400 people died from 2005 to 2009 because of tire-related accidents. Another 116,000 people were injured from these incidents.

"While it's true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips," NHTSA Administrator David Strickland warned. "Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster."

Motorists are urged to check their tire pressure often, but more importantly before venturing out on long trips. Aging tires and scorching pavement cause many more accidents for which the cause goes unreported. Your risk of an accident only increases if your old tires are under-inflated. You can check with the tire manufacturer or with the vehicle's owner manual for recommendations on how often you should change your tires.

Keeping your tires inflated will also help you to keep a little extra cash in your pocket. The Department of Energy reports that under-inflated tires can lower your vehicle's gas mileage by about 0.3 percent for every 1 PSI (pound per square inch) drop in pressure for all of your tires.

This is how it adds up: If a vehicle with a fuel-economy rating of 30 miles per gallon and tires with a 35 PSI tire pressure recommendation experiences a drop of 25 percent in tire pressure then the vehicle would lose about 8.8 percent in fuel economy. This means you'd be losing nearly 3 miles per gallon!

Continue reading "DOT Warns Motorists of Under-Inflated Tires Causing Car Accidents in Naples and Elsewhere" »

Once thought to be prone to deadly rollover accidents in Fort Myers and elsewhere, SUVs are now among some of the safest vehicles on our roadways, according to USA Today.

A recent study by the Insurance Institute for Highway Safety reports that newer SUVs are much safer than smaller cars because of their size, weight, and now electronic stability control.

Our Naples personal injury attorneys would like you to make note of these new ratings. The vehicle you choose can ultimately be the determining factor between life and death in a serious accident. SUVs may be a better choice, despite increased fuel consumption, as their death rate has dropped nearly 70 percent from the 1999-2002 models to the 2005-2008 models. Their rate went from 82 deaths per million vehicles to 28 million, making them some of the safest vehicles on our roads.

"The rollover risk in SUVs used to outweigh their size/weight advantage, but that's no longer the case," says Anne McCartt, the institute's senior vice president for research.

Many in the automobile industry credit the installation of electronic stability control for the increased safety ratings. This new technology uses the vehicle's brakes and engine power to keep the large vehicles from skidding or flipping over.

"It's a dramatic change and a testament to the incredible effectiveness of electronic stability control," says McCartt.

The new technology is available on nearly every type of car, but is still more common in new SUVs. This is why drivers of 2009 model year cars are about twice as likely to die in a rollover accident than someone who is driving a 2009 model SUV. Stability control has helped bring down death rates across the board, though. The overall death rate for all vehicles from 1989 to 1993 model year vehicles was a little more than 100 per million registered vehicle years. Newer vehicles, or 2005 to 2008 model year vehicles, have a death rate of just under 50, according to CNN Money.

"This report explains why Americans equate size with safety, even though small cars today are safer than ever before," says Wade Newton, spokesman for the Alliance of Automobile Manufacturers.

The overall death rate for 1989 to 1993 model year vehicles was 110 per million registered vehicle years. For 2005 to 2008 model year vehicles, the death rate is 48.

About 11.5 million vehicles were sold in the last year. Vans, SUVs or pickups accounted for 5.9 million, while 5.6 million were cars.

When you group the vehicles by segment, minivans are by far the safest with a death rate of 25 driver deaths per million registration years. Following vans are SUVs with a rate of 25, pickups at 52 and then cars at an average of 56. It should go without saying that larger cars perform better than smaller cars, with a death rate of 46 versus 82.

"For years, small cars have represented the low end of the economic spectrum and received fewer safety and enhanced design features," says Sean Kane of Safety Research & Strategies, which advises plaintiff lawyers, government and auto suppliers. "Undoubtedly, that has an effect."

Continue reading "SUVs Among the Safest Vehicles in Fort Myers Car Accidents" »

A new program could help save motorists involved in car accidents in Fort Myers. This new program is designed with Baby Boomers in mind and aims to provide emergency responders with vital information in the event of an accident, according to USA Today. The program makes critical information of drivers readily available in the first 60 minutes, or the "golden hour", of a crash. This is often the time period that can make a difference between life and death for an accident victim.

This is how it works: The state distributes yellow dot stickers to put on your vehicle's rear window. This yellow dot alerts emergency responders that there is a folder in the glove box, with the corresponding sticker, that contains useful and personal information like prescription information, a photograph, medical conditions and other similar information.

Our Fort Myers injury attorneys understand that information like this can be vital to emergency responders in the event of an accident. It is even more important when a driver is suffering from serious injuries and may not be able to communicate. While Florida is not one of the 8 states that currently participates in the program, we realize the need for a similar system.

"It's a promising approach," says Jonathan Adkins, spokesman for the Governors Highway Safety Association. "Actually, this is one of the goals of automated crash notification systems. Eventually, when there is a crash, these key data such as medication needed will automatically be available to EMTs. The Yellow Dot program may be a system that can be helpful in the meantime."

The first Yellow Dot program was introduced in Connecticut back in 2002. Other states that currently practice versions of the program include Kansas, Illinois, Iowa, Minnesota, Massachusetts, Virginia, Alabama and New York. Georgia is currently considering the program.

"It is very nice to see innovative programs to address the unique risks associated with older Americans and car crashes," says Peter Kissinger, president and CEO of AAA Foundation for Traffic Safety. "Since older individuals tend to have more medical conditions, are on more medications and are generally more fragile, this sounds like a well-justified program, especially in light of the growing number of older Americans."

According to the National Highway Traffic Safety Administration, nearly 5,000 motorists over the age of 65 were killed in motor vehicle accidents in the United States in 2009. Another 187,000 of these motorists suffered serious injuries. The Yellow Dot program, influenced by these individuals, hopes to decrease these numbers as proper attention can be provided quicker with this information available in a motorist's glove box. This age group of motorists made up nearly 20 percent of all traffic accident fatalities for the year and accounted for nearly 10 percent of all suffered injuries. Florida lost nearly 500 motorists belonging to this age group in 2009.

Continue reading "Program Could Improve Medical Response in Wake of Car Accidents in Lee and Collier Counties" »

Transportation for America recently released their 2011 edition of their pedestrian safety report. This report examines the most recent data of pedestrian accidents in Fort Myers and elsewhere throughout the country. This study looked information of pedestrian accidents between 2000 to 2009 and concluded that Florida is number one for pedestrian fatalities.

The study reveals that Lee County reported to have witnessed nearly 200 pedestrian deaths over the last 10 years. These deaths made up nearly 20 percent of all recorded traffic fatalities for this time period. Pedestrian fatalities are more than 40 percent higher than that of the national average. Collier County saw more than 50 pedestrian deaths in the last 10 years, which makes up nearly 10 percent of all traffic deaths in the area, according to the News-Press.

Our Fort Myers pedestrian accident attorneys understand that accidents involving a motor vehicle and a pedestrian can often end with fatal results, especially in Florida. For this reason, we urge all motorists to be extra cautious when driving on our roadways and to keep an eye out for our pedestrians as we're ranked number one in a contest we don't want to win.

After analyzing this information, Dangerous by Design 2011 looks over the results and creates ways to tackle the epidemic with solutions to decrease pedestrian death and injury on our roadways.

With the Sunshine State providing such beautiful weather year around, it is no surprise than many residents and visitors enjoy getting out in the open air to enjoy what our area has to offer.

The new reports states that, in the examined years, approximately 47,000 pedestrians were killed walking along our nation's streets. It also shows that another 668,000 pedestrians were injured during this time period.

The new additions of the report let us take a closer look into the areas that are most dangerous to our pedestrians. The website offers a link to visit an interactive map to see just how many accidents have occurred on roadways in your community.

Florida ranks as the number one most dangerous state for pedestrians as it has continuously seen the most pedestrian deaths. More than 5,000 pedestrians were killed during this time period in our state alone. These fatalities cost the state more than $22 billion.

Most of U.S. pedestrian fatalities occur on "arterial" roads that are just dangerous by design as they have been engineered to accommodate speedy traffic instead of pedestrian traffic.

If you'd like to help create change for pedestrian safety, you are urged to contact Congress and notify them about which areas needs improvements. With your help, pedestrian safety advocates hope to sway Congress to keep funding to help ensure the safety of our pedestrians.

Continue reading "New Report Ranks Florida Number One for Deadly Pedestrian Accidents" »

The Fort Myers personal injury lawyers at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safe and enjoyable Memorial Day weekend. Whether on the road, on a boat or elsewhere with friends and family, please stay safe and celebrate responsibly.

Law enforcement officials will be executing a number of traffic operations over the long holiday weekend. The Fort Myers Police Department will be focusing on those who drive while impaired as well as motorists who are not wearing their seat belt. The department also will be conducting vehicle safety checkpoints in an effort to reduce the risks of injury and car accidents in Fort Myers.

The Lee County Sheriff's Office joined the nationwide "Click it of Ticket" campaign that encourages all motorists to travel with their seat belts fastened. Their increased enforcement efforts began earlier this week and will continue on through the first week of June, according to Fort Myers Beach Talk.

"Your safety is paramount," said Lee County Sheriff Mike Scott, "I just can't urge driver's enough to fasten that seat belt and make sure every occupant in the vehicle is properly secured, as well."

Statistics for the Sunshine State reveal that we were ranked 26th in the nation for seat belt usage in 2009. Local officials believe that we will improve, particularly in the wake of the passage of the state's primary seat belt law last year. The law now allows law enforcement to pull you over if you're not wearing a seat belt. Currently we sit at a usage rate of just over 87 percent.

A recent survey of 12 Florida counties, showed that Lee County ranks second only to Collier County which current has more than a 90 percent compliance rate.

Florida saw more than 900 motor vehicle accident fatalities because of motorists not wearing their seat belts in the event of an accident last year. Nearly 20 of these deaths happened in Lee County alone.

This seat belt enforcement will be coupled with traffic stops aiming to crack down on drunk drivers, according to the News-Press.

The Fort Myers Police Department will be conducting a number of sobriety checkpoints at various undisclosed locations throughout the city.

According to the National Highway Traffic Safety Administration, the United States saw nearly 11,000 fatalities resulting from accidents that involved an alcohol-impaired-driver in 2009. These accidents accounted more than 30 percent of all of the traffic accident fatalities for the year. Florida alone witnessed more than 900 of the fatalities for that year.

In a last effort to crack down on the rules of the road this Memorial Day holiday weekend, Lee County deputies will be conducting vehicle safety checkpoints during the entire week. These checkpoints are aimed at checking for valid driver's licenses, registrations and vehicle insurance. These stops are part of their initiative to inform and educate motorists about traffic safety rules and regulations.

Again, we urge all residents to be safe and cautious this Memorial Day weekend regardless of where you may be celebrating. Be sure to practice defensive driving skills, buckle up, do not drink and drive and make sure your vehicle meets all state and federal regulations.

Continue reading "Lee County Car Accidents a Memorial Day Weekend Danger" »

A fatal bicycling accident in Sanibel is still being investigated by the Florida Highway Patrol. The accident, which occurred last week, killed a 46-year-old Fort Myers cyclist and caused the Sanibel Causeway to close for several hours, according to the Sanibel-Captiva Islander.

Police report that a Fort Myers couple was riding their bikes along the causeway a little before 11:00 a.m. last week when a truck drifted into the bike lane and struck the couple. One of the bicyclists flew into the guardrail and into the San Carlos Bay.
Our Fort Myers bicycle attorneys would like to remind bicyclists that Florida is among the most dangerous states for riders. The spring and summer months bring out bicyclists of all ages, both residents and tourists. Motorists may not be the only threat to bicyclists as bike rental companies have been known to rent out defective equipment that can show signs of poor maintenance and put your safety at risk.

After being tossed into the bay, the victim was pulled from the water by boaters traveling nearby. Unfortunately, attempts to revive the bicyclist were unsuccessful.

The truck driver was not injured in the accident.

Florida Highway Patrol Sgt. Owen T. Keen says that the patrol unit is still investigating whether or not the driver fell asleep at the wheel. It has also yet to be determined if the driver was under the influence of medication or suffered from any medical condition which may have triggered the accident.

"Something terribly went wrong and caused this crash," said Keen.

Charges against the driver have not been filed.

In honor of the fallen bicyclists and the two bicyclists from Estero who were killed in late February, the Caloosa Rider and the Bonita Bay Bicycle Club will dedicate their annual their "Ride Of Silence" to these four local residents.

The "Ride of Silence" is used to memorialize riders that have been injured or killed as it aims to draw motorist’s attention to the legal rights of bicyclists. They strongly urge motorists to keep a watchful eye for all cyclists.

According to the National Highway Traffic Safety Administration, more than 700 bicyclists were killed, and 52,000 injured, in traffic-related accidents in the United States in 2008. Bicyclists make up 2 percent of all traffic fatalities and 2 percent of all traffic-accident related injuries each year. In 2008, Florida witnessed nearly 150 bicyclist fatalities because of traffic-related accidents. As Florida provides beautiful weather all year long, motorists are urged to keep a look out for bicyclists at all times on all roadways.

Continue reading "Sanibel Car Accident Kills Fort Myers Bicyclist on Sanibel Causeway" »

Deaths caused by motor-vehicle accident total approximately $41 billion in medical and work loss costs in the United States each year, reports the Centers for Disease Control and Prevention. Ten states account for half of these costs.

Our Fort Myers injury attorneys would like to point out that Florida is the third largest contributor to these statistics. According to the National Highway Traffic Safety Administration, nationwide there were more than 10 million vehicles involved in police-reported accidents in 2008.

Florida car accidents contributed more than $3 billion to these annual costs. The Sunshine State contributed $40 million in medical costs and more than $3 billion in work lost costs. Of these costs, young adult motor vehicles occupants were the lead contributor.

The CDC reports that the newly release data points to the following states to contributing to nearly half of the annual costs:

-California ($4.16 billion)

-Texas ($3.50 billion)

-Florida ($3.16 billion)

-Georgia ($1.55 billion)

-Pennsylvania ($1.52 billion)

-North Carolina ($1.50 billion)

-New York ($1.33 billion)

-Illinois ($1.32 billion)

-Ohio ($1.23 billion)

-Tennessee ($1.15 billion).

This data was taken from 2005 statistics as that is the most recent year in which this type of cost-related data is available.

"Deaths from motor vehicle crashes are preventable," said CDC Director Thomas R. Frieden, M.D., M.P.H. "Seat belts, graduated driver's license programs, child safety seats, and helmet use save lives and reduce health care costs."

The CDC will be releasing a new fact sheet that will highlight these findings to coincide with the launch of the Decade in Action for Road Safety campaign. This campaign is a worldwide campaign to raise awareness about car accidents in an attempt to reduce the risk and stabilize car accidents by 2020.

This data has helped to determine the most at-risk drivers. Children under the age of 19 cost the United State nearly $900 million in one year.

"It's tragic to hear that anyone dies on our nation's roads. But it's especially so when the person who loses his or her life is a child or teenager," said Linda Degutis, Dr. P.H., M.S.N., director, National Center for Injury Prevention and Control. "Child passenger safety laws and comprehensive graduated driver licensing laws are proven to protect young lives. We encourage states to strengthen and enforce these laws to help keep more of our young people safe."

As we previous discussed on our Florida Injury Lawyer Blog, a majority of Americans agree with the idea of passing even more driving laws and would like government officials to take even more actions to attempt to improve highway safety to reduce car accident risks.

The CDC's Injury Center recommends that states follow the strategies below to help prevent motor-vehicle related fatalities:

-Create more comprehensive graduated driver licensing (GDL) systems as they have been proven to reduce the number of teen crashes. GDL systems can help young drivers to gain driving experience under lower-risk conditions by allowing different driving privileges in different stages of the learning process. GDL systems have been shown to reduce the risks of a teen car accident by at least 40 percent.

-Create and enforce primary seat belt laws. Seat belts have been proven to reduce the risk of death to front-seat occupants by about half.

-Enlist a universal motorcycle helmet law that would require motorcyclists and riders of all ages to wear helmets. The use of a helmet can decrease the risks of death in a motorcycle accident by more than a third and can reduce the risk of suffering from brain injury by nearly 70 percent.

-Create stronger child-passenger safety regulations that would require children to be placed in age- and size-appropriate child safety and booster seats while riding in a motor vehicle.

"These preventable costs are a reflection of the terrible suffering of American families whose loved ones are killed or injured on the roads," said Norman Mineta, chairman of Make Roads Safe North America and the longest serving Secretary of Transportation in U.S. history. "Today, on the launch of the first-ever Decade of Action for Road Safety, occurring in 30 cities across our nation and 50 countries worldwide, it is time for all of us to take action to save lives at home and around the globe."

Continue reading "CDC Releases Report -- Florida One of the Most Expensive States for Car Accidents" »

A majority of Americans are on board with the idea of passing additional driving laws and would like government officials to take more actions to improve highway safety to reduce the risks of a car accident in Fort Myers and elsewhere in the United States, according to a recent survey released by the AAA Foundation for Traffic Safety. The release of this survey follows the United Nations' kick off of ‘Decade of Action on Road Safety’. Their campaign aims to reduce the total number of motor vehicle accident deaths and injuries.

“Despite shrinking federal and state transportation budgets and a public debate over the most appropriate role of government, it’s clear that a majority of Americans want government officials to do more – not less – about highway safety,” said AAA President and CEO Bob Darbelnet. “From passing and enforcing laws about teen drivers and distracted driving to programs that improve the safety of our roadways and add safety equipment to vehicles, there are many steps government can take reduce crashes, injuries, and deaths in the U.S.”

Our Fort Myers injury attorneys understand that more laws and regulations may be needed to help increase the safety of all motorists. The United States is on board and has endorsed the Decade of Action. The campaign aims to stabilize and then reduce the number of deaths worldwide by 2020.

“At a time when more and more U.S. highway safety agencies are adopting “Toward Zero Death” goals, it is very heartening to see motorist support for more, not less action by government to make our roads safer,” added J. Peter Kissinger, President of the AAA Foundation for Traffic Safety, that commissioned this survey.

The recently released survey reveals that:

-More than 60 percent of American citizens agree that the U.S. needs more laws to prevent people from participating in dangerous driving habits.

-Most of Americans believe that both automakers and the federal government should be doing more make cars safer.

-Nearly 90 percent of Americans think that all new drivers should have to complete a driver education course before they are able to get their driver’s license.

-More than 50 percent of Americans agree that their own state government needs to step up and do more to make their own roads safer.

-Nearly three-quarters of Americans agree that all driving safety laws need to be enforced more strictly.

“As the global community has initiated action to combat the public health crisis associated with motor vehicle crashes, the U.S. should lead by example and invest even greater resources in laws, education, technology and road design to reduce the daily highway carnage,” said Kissinger.

In the United States, more than 25,000 passenger-vehicle occupants lost their lives, and another 2.35 million were injured in traffic accidents in 2008, according to National Highway Traffic Safety Administration. That same year, Florida experienced nearly 2,000 traffic accident fatalities.

More than 1.3 million motorists are killed on roadways worldwide each year. Annually, roughly 3.5 million are injured, and many disabled as a result of car accidents worldwide.

Continue reading "Global Campaign Looks to Decrease Number of Vehicle Accidents in Fort Myers and Worldwide" »

Three teens were sent to the hospital as the result of a head on collision into a tree. The Collier County Sheriff's office reports that the driver involved in the Naples drunk driving accident was intoxicated, according to Naples Daily News.

Our Naples personal injury lawyers would like to remind teens, and parents, to practice safe driving during this time of year as teens will be hitting the roads in full force. With prom and graduation just around the corner, teen drivers will occupy our roads in larger numbers than previous months. If it important for parents to sit down with their teens and discuss the responsibilities of driving.

The Sheriff office reports that they responded to the call shortly after 7:00 p.m. The incident took place at the intersection of Maupiti Way and Island Walk Circle in the gated community of Island Walk off Vanderbilt Beach Drive.

Reports also indicate that it was raining during the time of the accident. The vehicle reportedly left 124-foot-long skid marks and was said to have received $10,000 in damage. The driver reportedly took the corner at a fast speed and lost control when he slid head on into a tree.

The driver of the vehicle was found outside of the car and was treated for a head injury. The two rear passengers were reported to have broken their necks in the accident and are expected to face long-term injuries.

After the driver left that hospital, he was picked up by local authorities. He is currently facing two counts of DUI-serious bodily injury to another, a DUI traffic offense and DUI-damage to property.

According to the National Highway Traffic Safety Administration, nearly 11,000 people were killed in alcohol-impaired-driving crashes in 2009. Accidents involving alcohol made up more than 30 percent of the total number of vehicle accident fatalities in the U.S.

In 2008, there were more than 208 million licensed drivers in the United States. Teen drivers counted for more than 6 percent, 13.3 million, of those drivers. Nearly 2,500 teen drivers were killed, and another 169,000 were injured in 2008 in motor vehicle accidents. In 2009, more than 5,100 teen drivers were involved in car accidents where the use of alcohol was involved. Florida experienced nearly 500 teen fatalities because of car accidents in 2009.

Because of these alarming statistics, parents are urged to speak with their young driver about the responsibilities of driving and the consequences of poor driving decisions.

The Centers for Disease Control and Preventions offers parents with this parent-teen driving contract to help you set out some ground rules for your child while they're behind the wheel. Working together with your teen can help to reduce the number of teen accidents and keep your young driver safe.

Continue reading "Teen in Naples Drunk Driving Accident" »

It's no surprise that Florida residents and visitors enjoy spending time outdoors. But spring is also one of the most dangerous times of year for motorcycle riders. More than a million drivers in Florida currently have a motorcycle endorsement on their license. In an attempt to help keep our motorcyclists safe and to decrease the risks of a motorcycle accident in Fort Myers and elsewhere across the United States,Governor Rick Scott declared May as Motorcycle Safety Awareness Month in Florida, according to the Florida Highway Patrol.

Our Fort Myers motorcycle accident lawyers urge motorcycle riders and all other motorists to be cautious behind the wheel this spring as more and more drivers will be hitting the road.

“Florida made significant strides as motorcycle crash fatalities dropped 35 percent in the past five years. While the news is encouraging, the Florida Department of Highway Safety and Motor Vehicles remains vigilant in our efforts to reduce injuries and fatalities on Florida’s roadways and promote a safe driving environment,” said DHSMV Executive Director Julie L. Jones. “Through partnerships with safety advocates and law enforcement agencies, we continue to put motorcycle safety on everyone’s radar because we are all responsible for motorcycle safety.”

As we recently discussed on our Florida Injury Lawyer Blog, motorcycle accidents occur quite often throughout the nation. As the National Highway Traffic Safety Administration reports, there were more than 5,200 motorcyclists killed, and another 96,000 injured in 2008. More than 500 of those motorcycle fatalities occurred in Florida alone.

“As a matter of safety, it is necessary to develop appropriate driving habits to handle these vehicles on Florida roadway,” Governor Rick Scott said. “To prevent injuries and deaths on Florida’s roadways, motorcyclists and motorists must be vigilant in their efforts to share the road and ensure the safety of everyone.”

Even though statistics, from the Governors Highway Safety Association, show that in recent years motorcycle fatalities have decreased slightly, by 2 percent in 2010 and 16 percent in 2009, motorcycle riders are still the most vulnerable motorists on the road.

"Motorcyclists take to the highways in large numbers every spring, and it's the responsibility of all road users to welcome us safely and attentively," said American Motor Association President and CEO Rob Dingman. "This is why many states and local governments officially promote motorcycle awareness during the month of May. Unfortunately, many road users are not always mindful of those with whom they share the road, and an annual reminder is necessary for them to acknowledge the flow of motorcycles in traffic."

Causes of a motorcycle accident can be attributed to a number of factors, as the NHTSA lists:

-Failure to use defensive driving techniques.

-Lack of recognition by other motorists on the roadways,

-Failure to recognize and understand the limitations of the motorcycle.

-Neglecting to follow speed limit.

-Poor road conditions.

-Passengers. Make sure that when you're riding with a passenger that they're knowledgeable about the functions and safety measures of a motorcycle. Also, be sure that your bike has a passenger seat and footrests.

-Poor weather conditions, especially slippery roads in Florida.

If you'd like to get involved with National Motorcycle Safety Awareness Month, BikeWeek offers you a complete list of events taking place to help raise awareness of the vulnerable drivers.

Continue reading "Motorcycle Safety Awareness Month aims Reduce Risks of Motorcycle Accidents in Florida" »

The Governor of Florida, Rick Scott, proclaims May as Motorcycle Safety Awareness Month, according to Bikeweek.com.

Our governor is using the month of May to recognize the large number of motorcycle riders operating in Florida. He also understands the safety and awareness concerns surrounding the dangers of motor vehicles sharing our roadways with motorcycles. Safety advocates understand the need for safer roads in Florida and are pushing awareness as a way to decrease the risk of motorcycle accidents in Fort Myers and elsewhere in the state.

“As a matter of safety, it is necessary to develop appropriate driving habits to handle these vehicles on Florida roadway,” Scott said. “To prevent injuries and deaths on Florida’s roadways, motorcyclists and motorists must be vigilant in their efforts to share the road and ensure the safety of everyone.”

Our Fort Myers personal injury lawyers know Florida is the riding capital of the United States; our state is home to more than 1 million licensed riders. For four decades, we have represented riders and their families in the fight against inattentive drivers and their insurance companies.

The Motorcycle Safety Foundation offers a safety tips to every motorists to help the better understand motorcyclists:

-When you see a motorcycle on the road, treat it not just as a motorcycle but as another vehicle that could be your friend, relative or neighbor.

-When you do see a motorcycle, remember that it will probably look farther away than it actually is. When you're looking to turn and see a motorcycle, predict it is closer than it appears.

-Because of their small size, a motorcycle can get lost in a car's blind spots. Take an extra moment to double check for motorcycles when you're changing lanes or making a turn.

-Remember that a turn signal on a motorcycle is not self-canceling like those on passenger-vehicles. When you see a motorcyclist with their signal activated, make sure it is for real.

-While motorcycles can maneuver easily, don't assume that they're showing off or being reckless as they oftentimes zigzag in their lanes to avoid debris and wind from passing cars.

-As motorcyclists slow down by downshifting instead of using their brakes, it is important not to follow too closely. Downshifting does not activate a brake light. For this reason, you should allow more following distance, say three or four seconds.

-The stopping distance for a motorcycle is just about the same as it is for cars. Wet pavement makes stopping a lot more difficult for bikes. Yet, another reason to not follow too closely.

-Bikes oftentimes appear to be traveling faster than they actually are. Don't assume all motorcyclists are speed demons.

Out of all motor vehicles, motorcycles are the most vulnerable on our roadways. As they do not have seat belts, a rider can be easily be thrown from the motorcycle in a crash, which can result in serious injury -- or death.

According to the National Highway Traffic Safety Administration, there were nearly 5,300 motorcyclists killed, and an additional 96,000 injured, in 2008. Florida witnessed more than 520 of those fatalities that year.

Gov. Rick Scott and other Florida officials urge you to use the month of May to recognize the growing number of motorcycle riders in Florida, according to the Pensacola News Journal, especially as warmer weather and daylight savings encourage bikers to hit the open road.

A complete list of nationwide motorcycle events can be found on the BikeWeek website.

Continue reading "Governor Declares May Motorcycle Safety Awareness Month to Help Reduce Risks of Florida Motorcycle Accidents" »

For the second year in a row, the Florida Department of Transportation hosted the "Ride Straight State to State: None for the Road Motorcycle Run," in attempt to reduce the risks of a motorcycle accident in Fort Myers and elsewhere, according to the Westchase Patch.

The ride consisted of law enforcements and motorcyclists from Alabama, Georgia and Florida. They all met at the Florida Welcome Center on U.S. 231, at the Alabama-Florida state line.

Our Fort Myers personal injury attorneys urge all motorists to practice caution on our roadways and to be aware of all drivers on the road. Motorcyclists are especially at risk on our Florida roadways during this time of the year as the beautiful weather brings out motorists of all types.

Representatives from the Community Traffic Safety Teams, Florida's Motorcycle Safety Coalition Members, Florida Highway Patrol, Florida Rider Training Program Personnel and local law enforcement agencies greeted cyclists as they arrived at the center. The motorcyclists rode together to the Thunder Beach Motorcycle Rally that was held in Panama City Beach.

Motorcycle accidents reportedly dropped 2 percent for the first nine months of last year, according to The New York Times. Officials believe this statistic is just a fluke; the number of fatal accidents has increased each year for more than a deacade.

More than 5,250 motorcyclists were killed, and another 96,000 injured, in 2008, according to the National Highway Traffic Safety Administration. In the same year, Florida saw more than 520 of those motorcycle fatalities. The most recent statistics, provided by Florida Highway Safety & Motor Vehicles show that the 2009 motorcyclist fatality number dipped 24 percent to 402.

The Governors Highway Safety Association recently released a report stating there were 80 fewer motorcycle deaths from January to September of 2010 than the same time period of the previous year. While those statistics may be appealing to motorcyclists, they better read the fine print before getting too excited. Fatalities climbed back up during the last three of those nine recorded months. It's that increase that caught the eyes of safety advocates.

"The drop is all in the front half of the year," said report author Jim Hedlund, a safety consultant. "It looks very much as if we've hit bottom and may be starting back up again."

Overall, motorcycle fatalities have more than doubled since the late 1990's. Now that the economy is starting to show signs of recovery, motorcyclists and safety advocates are concerned that the number of accident fatalities will rebound as well.

The Motorcycle Safety Group offers these tips to help motorists stay safe on our roadways:

-Always wear a helmet and make sure it is DOT approved.

-Steer clear of blind spots. Remember, if you can't see a driver, then the driver can't see you.

-Do not wear sunblock on your face inside your helmet. The sunblock vaporizes with the heat, keeping the vapor in your helmet and causing irritation that can hinder your vision.

-Be cautious near road construction areas.

-Be sure to clearly signal your next move. Other motorists are quick to look past you as you are such a small object on the road, in comparison. Make you're movements known.

Continue reading "Advocates Team Up to Raise Awareness of Motorcycle Accidents in Fort Myers and Elsewhere" »

Red-light cameras may not be as much of an inconvenience as people originally thought as the intersection cameras saved nearly 200 lives in 14 large US cities in a 4-year study conducted by the Insurance Institute for Highway Safety (IIHS).

Researchers believe that if these cameras were installed in all cities during that same researched time period, a total of 815 lives could have been saved in intersection car accidents in Fort Myers and elsewhere.

"The cities that have the courage to use red light cameras despite the political backlash are saving lives," says Adrian Lund, IISH president.

Our Fort Myers personal injury lawyers urge you to be careful when passing through intersections, regardless of the presence of red-light cameras. Intersection accidents are among the deadliest types of crashes.

Never mind these life-saving statistics, some Florida lawmakers want to pull the devices from local intersections. This campaign comes just one year after lawmakers passed a law legalizing these intersection cameras, according to Sun Sentinel. These red-light cameras slap drivers with fines of more than $150 for violating an intersection signal.

Earlier this month, the House Appropriations Committee voted 12-9 to send HB 4087 to the full House as both the Florida House and Senate are seeking repeal proposals. The bill's sponsor, Rep. Richard Corcoran, R-Trinity, argues that the red-light cameras have actually increased the number of serious traffic accidents at intersections.

"Let's step back and figure out a way where we can make these intersections safer for our communities," said Corcoran. Some studies have shown an increase in rear-end collisions, usually temporary, as motorists remember the cameras and slam on their brakes to avoid a ticket.

Overall, the cameras have been shown an effect deterrent in preventing the more deadly broadside collisions. Researchers discovered that fatal accidents at intersections with cameras fell 35 percent, while fatal accident numbers fell 14 percent at intersections without the red-light cameras. The data from this 4-year study was compared to the information provided by a study of intersections conducted between 1992 and 2006.

"Examining a large group of cities over several years allowed us to take a close look at the most serious crashes, the ones that claim people's lives," says Anne McCartt, Institute senior vice president for research and a co-author of the study. "Our analysis shows that red light cameras are making intersections safer."

Based on the results from that study, researchers concluded that the number of fatal red-light running crashes at intersections with cameras was 24 percent lower than it would have been if the intersections didn't have cameras. They calculated that 74 fewer fatal red-light running crashes would have occurred, or approximately 83 lives would have been saved.

As lawmakers attempt to pull potential life-saving red-light cameras from our Florida intersections, they have also failed to pass any laws banning another dangerous driving habit -- text messaging. Florida remains one of the only states left without such a law.

Continue reading "Lawmakers Look to Pull Red-Light Cameras from Florida Intersections, Increasing the Risk of Fort Myers car accidents" »

This past weekend, a string of car accidents in Fort Myers left five people dead, according to The News-Press. The first accident took the lives of three people when a driver reportedly attempted to doughnut his Ford F250 on an unpaved loading dock off Six L's Farm Road by the Lee and Collier border. The driver flipped his vehicle, killing himself and two other passengers.

Our Fort Myers personal injury lawyers would remind locals that accidents will continue to occur, taking the lives of residents, even long after the tourists have headed back up north and the season draws to an end. It is the responsibility of every driver to practice safe driving habits on our roads through the spring and summer travel season.

A separate incident left a driver dead after being involved in a serious single-car crash on the corner of Fowler and Colonial, according to WINK News. The accident happened shortly after 5 a.m. as he was traveling south on Fowler. The driver neglected to navigate a curve and struck a tree. The man, an independent carrier for The News-Press, was reportedly traveling at least twice the posted speed limit, at 80 mph, when the accident occurred. Police are still investigating the accident.

A third accident took the life of a disabled man. A man in a wheelchair was killed after being struck by a car as he was crossing the street at Hancock Bridge Parkway and Orange Grove Boulevard, according to another report by WINK News. He was thrown nearly 20 feet from the impact of the collision. Officials believe the handicapped man was crossing the street illegally.

It is estimated that roughly 10,111,000 vehicles were involved in car accidents in the United States in 2008, according to the National Highway Traffic Safety Association (NHTSA). More than 90 percent of the vehicles involved in these accidents were passenger vehicles. There were more than 50,400 vehicles involved in fatal accidents. The NHTSA reports that more than 25,000 passenger-vehicle occupants lost their lives, and another 2.35 million suffered injuries in these traffic accidents in 2008.

Florida alone accounted for more than 1,700 of vehicles involved in fatal crashes. Passenger cars accounted for more than 55 percent of the number of vehicles involved in these fatal accidents, with SUVs and pickups tying for second -- contributed 19 percent to the total number of motor vehicle accidents.

Continue reading "Many Lost Over the Weekend in Series of Fort Myers Car Accidents" »

A recent car accident killed an 18-year-old Lee County teen in Immokalee. The young driver was traveling eastbound on Oil Well Road near County Line Road at approximately 3:00 a.m., according to ABC 7.

The Florida Highway Patrol reports that the fatal Collier County car accident happened when the teen driver overcorrected as the car drifted off the road. The vehicle rotated, veered onto the shoulder and struck a tree. The young female driver was taken to Lee Memorial Hospital and later pronounced dead. Investigators have determined the driver was wearing her seat belt.

Our Fort Myers personal injury lawyers understand how devastating such tragedies are for families. And we urge teens to be extra careful this spring season as the school year is winding down, prom events are approaching and graduation is just around the corner. It is this time of the year when local high school students hit the road in full force -- parents should take a forceful and proactive approach to their teen's driving safety.

According to the Centers for Disease Control and Prevention (CDC), roughly 3,000 teens in the United States between the ages of 15 and 19 were killed in car accidents last year and more than 350,000 were injured. While these young drivers count for only 14 percent of the U.S. populations, they racked up 48 percent -- $26 billion -- of the total cost for motor vehicle injuries. More specifically, Florida teens driving accidents claimed the lives of almost 400 motorists last year, according to the National Highway Traffic Safety Administration.

Why do teens face a higher risk for motor vehicle accidents? TakeTheWheel.net found these factors make the roadways more dangerous for teen drivers:

-Teen drivers tend to more frequently drive with passengers. These young passengers often produce distractions for the driver.

-Teens use driving as more of a social activity than as a necessary activity.

-Teen drivers have less experience at the wheel, making them more vulnerable to accidents.

-Young drivers have a tendency to not fully understand the consequence of risky behavior behind the wheel.

-Teen drivers, statistically, speed more and disobey other traffic laws.

-Since teens are more likely to hit the road in the evening hours, they are more likely to drive while impaired or drowsy.

The AAA Auto Club provides parents with a teen driving contract to help keep your young driver safe on our roadways. Parents are urged to speak with their teen driver about the dangers of unsafe driving habits and are urged to have them commit to this written agreement in an attempt to reduce the risks of motor vehicle accidents on Florida roadways.

Continue reading "Parents Asked to Speak with their Teens about Driving Habits to Decrease Risks of Fatal Fort Myers Car Accidents" »

The Lee County Department of Transportation is currently looking at a popular intersection in South Fort Myers -- the "T" intersection at Plantation Road and Crystal Drive -- as it is one of the few intersections in Lee County that currently has a greater amount of traffic flow than it did in the "boom years," reports ABC 7.

Our Fort Myers personal injury lawyers urge community leaders to take a better look at the traffic on our roadways in an attempt to increase driver safety. A lot of factors go into the cause of an accident and an overflow of unorganized traffic can be a common contributor.

The traffic at this intersection is believed to be up nearly 30 percent from just two years ago -- to more than 12,000 vehicles a day. We understand that this number will only increase as more drivers become aware of this back route. The overflow in traffic in this area has caught the attention of community leaders as they're discussing a plan that could possibly change the layout of the popular South Fort Myers intersection.

While construction goes on to better equip our busy roadways to handle the increasing amount of Southwest Florida traffic, drivers must practice cautious driving habits while traveling through these work zones. A recent motor vehicle accident on Santa Barbara caused by warning lights that weren't working is just one local lawsuit stemming from dangerous or defective roads or roads that are under construction. The suit, filed by the driver of the passenger vehicle, is against the construction company for alleged negligence and failure to provide safe traffic direction during the road-widening project in East Naples.

These incidents come right after a week when work zone safety was promoted nationwide through the National Work Zone Safety Awareness Week event. Florida joined the nation in raising awareness, as our state suffered 100 of the 700 work zone fatalities resulting from motor vehicle traffic crashes in 2009.

The National Work Zone Safety Information Clearinghouse provides these driver tips to help increase safety for everyone in our work zones:

-Put away all distractions while passing through a work zone. Distracted driving only increases your risk for an accident.

-Stay alert and expect the unexpected. Workers, other vehicles and construction equipment can seemingly pop out of nowhere.

-Obey all posted street signs and road flaggers. The warnings are posted and displayed to help keep you safe. Knowing and understanding the rules for work zones will only help keep you safe.

-Be patient and allow yourself extra time. If you know your trip is going to take you through a work zone, leave early to allow yourself more time to make it through the congestion or avoid the route all together and find another way to your destination.

-Don't tailgate. Following too closely proves as dangerous in these situations as unexpected maneuvers by other vehicles are more common.

If you've experienced a motor vehicle accident in one of these congested areas, consulting an attorney as soon as possible is your best bet. An experienced attorney will be much more familiar with possible issues that could impact your case. Faulty roads, missing or inoperable street signs and signals, overgrown vegetation and poor drainage are just a few causes that may contribute to a car accident in Fort Myers, Cape Coral, Lehigh Acres or elsewhere in South Florida.

Continue reading "Local Intersections Impact Risks of Fort Myers Car Accidents" »

Florida currently has no prohibitions against cell phone use while driving. However, there are at least 9 bills relating to distracted driving that have been filed for the legislative session of 2011 in Florida, according to Hands-Free Info.

These bills are being filed even after the Legislature rejected all previous bills that aimed to limit cell phone use by drivers. The aim of these proposed laws is to reduce the risks of potentially deadly distracted driving car accidents in Naples and elsewhere in the Sunshine State.

Our Fort Myers personal injury lawyers urge both residents and visitors to practice safe driving habits behind the wheel and to pay full attention to our roadways. The National Safety Council (NSC) estimates that 28 percent of all car accidents -- 1.6 million crashes per year -- can be attributed to cell phone use while driving.

“You already see people at red lights text messaging or punching in things into their BlackBerries when they should be paying attention,” said Rep. Charles Chestnut, D-Gainesville. “Now, you’re going to see more eyes focused on their iPhones than driving. With the increase in new technology, I think there should be some type of increased regulation to protect the safety of innocent people who are giving their full attention to the road.”

For the entire month, the National Safety Council and FocusDriven have joined forces with transportation departments nationwide to ask drivers to commit to putting away their cell phones and other distracting devices. They're also urging drivers to change their voicemail message to alert callers that the person they're calling may not be able to answer as they might be behind the wheel.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 5,500 people were killed and approximately 448,000 were injured in motor vehicle accidents that involved a distracted driver in the United States in 2009. Nearly 1,000 of those accidents reported the use of a cell phone as the form of driver distraction.

The NHTSA considers a number of factors that can contribute to distracted driving:

-Using a cell phone.

-Changing the radio station or CD.

-Eating or drinking.

-Smoking

-Adjusting climate controls.

-Passengers in the vehicle.

The NSC and FocusDriven find this month to be the perfect opportunity to rally employers to initiate a cell phone policy in the workplace and while operating vehicles on the job. They've provided employers with this free Cell Phone Policy Kit to help employers enforce these safety rules.

National Distracted Driving Awareness Month was first introduced by former Rep. Betsy Markey (D-CO). It was passed through the U.S. House of Representatives in a 410-2 vote. The resolution mentions a 9-year-old girl who was struck and killed by a distracted driver in November of 2008. The girl's mother is currently a founding board member of FocusDriven.

Continue reading "National Distracted Driving Awareness Month to help Decrease Risks of Fort Myers Car Accidents" »

Various transportation agencies, including the Florida Department of Transportation, will be joining together to raise awareness of work zone safety and traffic accidents as it is National Work Zone Safety Week. The "Safer driving. Safer work zones" campaign theme and the Lee County Sheriff's Office are urging motorists to practice cautious driving when passing through our Southwest Florida construction zones, and when encountering emergency responders, as officials work to reduce the risks of a Fort Myers car accident.

Our Naples car accident attorneys would like to remind drivers to be extra cautious in these work zone areas as nearly 700 people were killed in motor vehicle accidents in highway work zones in 2009. Florida alone experienced 100 work zone car related accidents.

While 2010 marked the lowest number of car accidents since 1948, work zone fatalities are still a routine risk. The National Work Zone Safety Awareness Information Clearinghouse reported that, in 2009, more than 30,000 people were injured in work zone vehicle accidents. Motorists experienced most of these injuries -- accounting for 85 percent of those killed.

The main contributors to work zone car accidents are excessive speeds, improper lane changes, careless driving, following too closely and failure to yield to the right of way. Violating
work zone laws can result in fines ranging from $100 to $10,000 and immediate license suspension.

Additionally, construction companies may bear some of the responsibility in the event of an accident. Issues with local road construction crews -- from the gas line explosion on Colonial Boulevard, to asbestos found in fill dirt on Summerlin, to the length of time of the Gladiolus widening project -- have been spotlighted in local media reports this year.

The National Work Zone Safety Awareness Information Clearinghouse would like to offer you these work zone driving tips to make your drive through construction areas safer for you, other motorists and road workers:

-Put away all distractions. Distracted driving significantly influences the likelihood of an accident in work zones.

--Watch out for everyone and everything involved in these work zones. Be sure to keep a safe distance between you, workers and all obstructing objects.

--Merge as soon and as safely as possible. Waiting until the last minute to change lanes can cause dangerous congestion. Getting in the proper lane well in advance will only decrease your risk of putting yourself in a compromising situation.

-Think ahead. If you know you'll be passing through a work zone on the way to your destination, leave earlier to allow yourself more time or find a different route. Be sure to pass through these zones, and all Southwest Florida work zones, with caution.

The Florida Department of Transportation offers this public service announcement to share with friends and family in attempt to raise awareness of work zone safety among our local motorists.

The North Fort Myers Neighbor offers this list of work zones that will be targeted by Lee County Sheriff's Office Traffic Units in effort to provide safer roads for our motorists and workers.

Continue reading "FDOT and Local Sheriff's Office Team up to Decrease Risks of Fort Myers Car Accidents during National Work Zone Safety Week " »

The National Highway Traffic Safety Administration announced Friday that fewer people were killed on the nation's roads last year than at any time since modern record keeping began following World War II.

However, our Cape Coral personal injury lawyers note the news was not all good: Government figures show the number of fatal accidents actually increased year-over-year as the economy improved during the last half of 2010.

"Last year's drop in traffic fatalities is welcome news and it proves that we can make a difference," said U.S. Transportation Secretary Ray LaHood. "Still, too many of our friends and neighbors are killed in preventable roadway tragedies every day. We will continue doing everything possible to make cars safer, increase seat belt use, put a stop to drunk driving and distracted driving and encourage drivers to put safety first."

Traffic deaths declined three percent, from 33,808 in 2009 to 32,788 last year. The number of traffic deaths has declined 25 percent since 43,510 died on the nation's roads in 2005.

"The decrease in traffic fatalities is a good sign, but we are always working to save lives," said NHTSA Administrator David Strickland. "NHTSA will continue pressing forward on all of our safety initiatives to make sure our roads are as safe as they can possibly be."

A close look at the statistics shows a year-over-year increase of 1.6 to 1.8 percent during the last half of the year, after a decline of 5 to 11.4 percent during the first six months of 2010. Region 4, including Florida, Alabama, Georgia, South Carolina and Tennessee, reported a decline of 3 percent for the year, in line with the national average.

California recorded a decrease of 10 percent in the number of fatal accidents in 2010 -- the Northeast led the nation with a decline of 12 percent.

The nation's industrial areas recorded an increase as the economic recovery gained ground. Fatal traffic accidents in New England increased by 18 percent. A two percent increase was reported in Region 2, which includes New York, New Jersey and Pennsylvania. The Midwest region, including Ohio, Indiana, Illinois, Michigan, Wisconsin and Minnesota, recorded an increase of 3.9 percent.

The beginning of the winter tourism season was met with great optimism after several tough years in South Florida. As our snowbird friends head north and year-around residents settle in for a long, hot, comparatively quiet summer, it’s important to remember that more and more people will be on the roads as the economy improves. Putting the phone down, not driving distracted, and avoiding aggressive driving behaviors like speeding and tailgating will go a long way toward making sure you reach your destination safely.

Continue reading "Nation Records Fewest Fatal Accidents Since World War II - Risk of Fort Myers Car Accidents to Increase with Economic Recovery" »

With spring in South Florida comes the arrival of the kind of torrential rains and thunderstorms unique to our tropical climate -- and an increased risk of Fort Myers car accidents caused by bad weather, high winds and floodwater.

Florida -- and particularly our area of Southwest Florida -- is the lightning strike capital of the United States. Be particularly cautious around thunderstorms, whether in your vehicle or on the golf course. While it's an often overlooked danger, lightning kills more people each year than snowstorms, hurricanes or tornadoes, according to National Geographic. On average, 73 people are killed and hundreds more suffer debilitating injuries. In the last 50 years, nearly 500 people have been killed in Florida -- or about 10 percent of the nation's total.

Our area of the state is also among the coastal regions with the highest rainfall totals -- with an average of 50 to 60 inches of rain each year. Nearly all of that falls between April and November and still Florida is among the top 5 states with the most precipitation each year.

The Florida Highway Patrol offers motorists tips for driving in rainy Florida weather:

-Stay Put: Florida storms are most often violent and brief. Avoid driving in them. Either wait until a storm has eased to head out to your destination, or pull over to the side of the road and wait out a storm. Also, watch for fallen debris in the aftermath of a storm.

-Slow Down: Decrease your speed following a storm. Watch for standing water and beware of the dangers of hydroplaning.

Buckle up: Always wear your seat belt.

Beware of high winds: Winds can make a vehicle handle poorly. High-profile vehicles such as buses, trucks and SUVs, may have a particularly difficult time.

Don't Drown - Turn Around: Never drive into standing water or attempt to drive through a flooded area. The area of road beneath the water may be washed out or conceal debris, such as tree branches or power lines.

Pay Attention: Intersection lights may not be functioning properly. Debris may be on the roadway. Disabled vehicles or other unexpected roadblocks may present unique challenges when it comes to driving in a storm's aftermath.

Continue reading "Spring Rains Increase Risk of Car Accidents in Cape Coral, Fort Myers" »

The Governors Highway Safety Association recently announced the Center for Disease Control and Prevention (CDC) is joining a multitude of organizations in support of requiring drunk drivers to install ignition interlock devices.

Our Fort Myers injury lawyers applaud ongoing measures to get drunk drivers off the roadways in an effort to prevent drunk driving accidents in Fort Myers, Cape Coral and throughout South Florida. Our attorneys will continue to fight for the rights of victims and families whose lives are forever changed by the actions of a drunk driver.

The ignition interlock initiative also includes the support of the National Highway Traffic Safety Administration and Mothers Against Drunk Driving.

After an extensive review of 15 scientific studies, the CDC concluded that ignition interlocks help prevent drivers -- who have a prior arrest for driving while intoxicated (DWI) -- from being re-arrested. Re-arrest rates for DWI decreased by 67% after the device had been installed.

Dr. Thomas Frieden, Director of CDC, notes, “Each day, more than 30 people die because of alcohol-impaired driving. We know that interlock devices can save lives. More widespread use will reduce alcohol-related crash deaths and injuries.”

In 2009, the NHTSA reported 32 percent of traffic fatalities were caused by drunk drivers. DWI deaths occur about every 48 minutes in the U.S. Tragically, drunk drivers in fatal crashes were 8 times more likely to have had a prior DWI conviction than drivers of fatal crashes with no evidence of alcohol in their system.

Of the 2,558 fatal crashes in Florida, 904 had a driver with some amount of alcohol in their system. In 527 of the crashes the BAC was .15 or over -- or nearly twice the legal limit.

Dr. Randy Elder who was the lead author on the review added, “When offenders’ licenses are suspended, they aren’t legally able to provide transportation for themselves and others may rely on them to get to places like school and work. Ignition interlocks allow offenders to keep operating their vehicles legally and safely.”

MADD is working with Florida to make ignition interlock devices mandatory for all DWI offenders. Currently, only first time offenders who have a BAC of .15 or greater are required to have the interlock device.

The cost of ignition interlock programs is currently being reviewed by the GHSA, with funding from the CDC. The least expensive way to prevent repeat offenders from getting behind the wheel to cause an accident is to take their keys away. Don't let your friends drive drunk.

Continue reading "Mandatory Ignition Interlock Devices would Reduce Risk of Drunk Driving Accidents in Fort Myers" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Florida bicyclists beware: Recent statistics released by the National Highway Traffic Safety Administration confirm our place as the deadliest state in the nation for bicycle accidents.

Florida had almost 17% of all the fatal bicycle accidents in the United States -- or nearly 1 in 5. The state's 107 fatal accidents made Florida the only state to report more than 100 deaths from bicycle accidents in 2009. California was second, with 99.

Our Fort Myers accident attorneys continue to represent cyclists who are injured or killed because a motorist either lacked respect for a rider, or simply was not paying attention.

There were 630 fatal bicycle accidents in 2009 and another 51,000 riders were injured on our roadways. That's down from the 718 in 2008 and the second-lowest total in more than a decade. With the increasing popularity of riding for fun and fitness, the average age of accident victims continues to trend upward, reaching 41 for those killed and 31 for those injured.

The facts for fatal pedalcyclist crashes in 2009:

-70% occurred in urban areas.

-67% were killed at a non-intersection location.

-72% were killed during the day between 4 a.m. and 8 p.m. (a 6% increase from 2008).

-Average age of those killed was 41.

-87% of those killed were male, 80% of those injured were also male.

-40% of crashes involved alcohol either by the driver or a cyclist.

Wearing a helmet every time you ride is the best way to prevent a head injury in a crash. Cyclists must ride in the same direction as the flow of traffic and must obey the same rules as motorists. Cyclists need to do as much as they can to increase their visibility: wear brightly colored clothes at all times and mark your equipment for higher visibility with reflective tape, reflectors and flashing lights.

We all need to share the road. Drivers must watch for cyclists when making turns, exiting a parking space or opening car doors. When passing a cyclist give them room, allow about 3 feet between a rider and your vehicle. And don't forget to yield to them at intersections when directed to do so.

Continue reading "Riders continue to be at high risk of bicycle accidents in Fort Myers, Cape Coral" »

The Affordable Care Act hopes to put you back in charge of your health coverage and care. When you need it most, insurance companies often deny you care. And lack of coverage prevents many people from getting recommended preventive treatment.

Our Fort Myers personal injury lawyers know the strain that lack of insurance puts on a family after a Florida accident. In many cases, even when insurance is available, it may not be sufficient to pay for required medical and rehabilitative care. Often, seeking damages from an at-fault party is the only way to ensure the future financial well-being of you and your family.

The Affordable Care Act will require millions of uninsured Americans to buy insurance. The New York Times thought consumers might want some answers about health insurance from a 20-year veteran of the insurance industry.

What is the most important thing to know about choosing and paying for health insurance? Ignore the marketing material, it just tries to influence you to buy the insurance, it's not meant to explain the benefits thoroughly. Understand that if you are an individual trying to buy insurance, insurers are looking for young and healthy people. If you aren't young or healthy, you will get insurance but you will pay more and you might have less benefits or both.

Whether you are getting insurance on your own or through work, ask to see the actual policy. Pay attention to what's excluded, like transplant coverage, maternity benefits and experimental procedures. Identify what your financial obligations are, including co-pays, premiums, deductibles and co-insurance.

Is there a good place consumers can go for reliable insurance information?

Healthcare.gov is a great source for information. You can enter your information and get rate comparisons for your area. Your state's website is also a useful source.

Are there any kinds of polices that should be avoided?

Stay away from mini-med or limited benefit plans, which are mostly sold through small employers or to individuals. Some large company fast-food chains have been offering these plans. The problem with these policies, even though they have low premiums, is that they also have low lifetime or annual caps on coverage. And some don't even pay for hospitalizations. These plans are due to be eliminated in 2014 when lifetime and annual caps won't be allowed.

Can you fight an insurance claim that has been denied?

Yes, the new health care law allows consumers two layers of review. If you have been denied, fight it, insurers hope you just accept the denial. If you file an appeal the denial will often be reversed.

Continue reading "Understanding health insurance critical in wake of a Fort Myers accident" »

A WINK News investigation recently found that about 1 in 5 defendants who use the state's administrative-hearing process to challenge the suspension of their driver's license, are successful in retaining the right to drive despite being arrested for drunk driving in Southwest Florida.

For decades our personal injury lawyers in Fort Myers and Cape Coral have dedicated ourselves to fighting for the rights of motorists who have been injured or killed by the senseless and selfish acts of a motorist who has climbed behind the wheel after having too much to drink. The Florida Department of Highway Safety and Motor Vehicles reports more than 1,000 motorists were killed by drunk drivers in 2009, accounting for nearly 40 percent of the state's traffic fatalities.

Still, that same agency permitted 5,200 defendants to retain the right to drive of the roughly 24,000 that requested an administrative hearing following a drunk-driving arrest last year. The hearings are requested by only about half of the 48,000 motorists who are arrested for drunk driving in Florida each year. A motorist has 10 days to request the hearing or face the automatic suspension of their rights to drive.

Of the 5,200 who were allowed to retain driving rights, 331 were from Southwest Florida. Of those stopped by the Lee County Sheriff's Office of the Cape Coral Police Department and later allowed to retain driving rights, nearly all tested above the legal BAC limit of .08. One driver had tested four times over the legal limit.

In 91 cases, a driver was permitted to keep their driving rights because a Cape Coral police officer failed to show up at the hearing. The department's special operations commander said many of those cases involved scheduling conflicts and communication issues that have since been addressed. In 2010, only 23 cases were overturned because a Cape officer did not attend the hearing.

Continue reading "State hearings permit too many to retain driving rights after drunk driving arrests in Fort Myers, Cape Coral " »

Who said Monday's are quiet? A typical Monday's worth of news in Southwest Florida shows just how dangerous our roads can be at the height of tourism season. Our Fort Myers personal injury lawyers urge you to take driving safety seriously.

And please speak with your teenagers and aging loved ones. The National Highway Traffic Safety Administration reports traffic crashes are the leading cause of death among teens. The only drivers at higher risk are those over the age of 75. Staying safe behind the wheel can be as simple as not driving under the influence, not speeding, and not driving distracted. Statistics show as many as two-thirds of all fatal crashes involve one of those three activities.

The Florida Department of Highway Safety and Motor Vehicles reports 2,563 motorists were killed in Florida car accidents last year -- that's more than seven people a day. Florida is one of the leading states in virtually every major fatal accident category, including bicycle accidents, pedestrian accidents, drunk driving accidents, motorcycle accidents and trucking accidents.

A typical Monday's news:

Women Struck by Deputy's Car: A Naples bicycle accident occurred when a Collier County sheriff's cruiser collided with a bicyclist walking across the street (Warning: this links to graphic video).

Bicyclist Struck by Truck in North Fort Myers: A 57-year-old man is in critical condition after being struck by a pickup on Pine Island Road. The North Fort Myers bicycle accident occurred near Orchid Road.

Crash Causing Delays on Sanibel Causeway: Delays were reported approaching the island as a result of the Sanibel car accident.

Fort Myers Police Search for Suspects in Hit-and-Run: The Fort Myers car accident occurred when a Buick struck two vehicles at State Road 82 and Forum Boulevard.

Relative of Crash Victim wants Traffic Light at Cape Coral Intersection: The intersection of Pine Island Road and Skyline Boulevard is among the county's most-dangerous. There have been 131 accidents and seven deaths in the last five years.

Fort Myers man, 72, Suffers Minor Injuries in School Bus Crash: The Fort Myers school bus accident occurred when the man's truck was rear-ended by a bus carrying 11 elementary students.

Continue reading "Lee County accidents abound on any Monday in Season " »

Southwest Florida is among the most dangerous areas in the state for serious and fatal motorcycle accidents, according to a recent analysis by The News-Press.

The Pine Island Road corridor has been particularly deadly, with 3 of 6 fatal Lee County motorcycle accidents occurring there so far this year. Our Cape Coral personal injury lawyers continue to urge motorists to use caution and watch for motorcycles throughout the winter riding season.

In 2009, a total of 14 of the state's 402 fatal motorcycle accidents occurred in Lee County, according to the National Highway Traffic Safety Administration. Six weeks into 2011, we are already just one fatal accident away from half that annual total. Statistics for 2010 will be released later this year.

Statistics show a car is at fault in more than half of all motorcycle accidents involving another vehicle. The Florida Highway Patrol reports safe riding habits -- not tailgating, not speeding and riding defensively -- can provide riders a better chance of avoiding an accident.

So far this year, fatal Lee County motorcycle accidents have occurred on Estero Boulevard in Bonita Springs, on Hancock Bridge Parkway in North Fort Myers and on College Parkway in South Fort Myers. The remaining three fatal crashes -- half of Lee County's total -- occurred either on Pine Island Road or on Pine Island.

As we reported recently on our Florida Injury Lawyer Blog, authorities will be conducting an enforcement blitz, with particular emphasis on the Pine Island corridor, in an effort to prevent serious and fatal Cape Coral car accidents.

The News-Press points to a University of Michigan study that found a sharp rise in fatalities over the last decade was due in part to older riders with less experience taking to the road as motorcycling has gained in popularity.

While that may be true, our motorcycle accident lawyers have spent decades representing accident victims and their families and we know that inattentive motorists are all too often responsible for serious and fatal motorcycle accidents. The increase is attributable to more bikers on the road, of course. But it's most likely the accidents are being caused by other drivers. Riders, after all, know the risks. And most are safe, considerate and conscientious riders.

Their life depends upon it.

Continue reading "Fatal motorcycle accidents on the rise in Lee County" »

After a tough start to the year that has already included two traffic fatalities, authorities are stepping up enforcement in an effort to reduce the risk of serious and fatal Cape Coral car accidents caused by speeding, red-light running and other forms of aggressive driving.

The Cape Coral Daily Breeze reports both fatalities this year have occurred along the busy Pine Island Road corridor. Increased enforcement through the end of February will concentrate on keeping residents and visitors safe during the busy winter tourism season.

"We are going to increase our enforcement up there," Cape Coral Police Chief Jay Murphy told The Breeze. "The public needs to be forewarned."

Of particular focus will be the area between Santa Barbara Boulevard and Del Prado Boulevard. Speeding tickets on the 55 mph road can cost you $124 or more.

Thus far this year in Cape Coral a 44-year-old died when his SUV crashed into a vehicle and flipped over on Pine Island Road.

And, as we reported on our Florida Injury Lawyer Blog, a 24-year-old resident was killed in a Cape Coral motorcycle accident, which also occurred along Pine Island Road.

Unlike Road Rage, which typically involves a criminal offense such as assault, most drivers are guilty of some form of aggressive driving from time to time. The National Highway Traffic Safety Administration recognizes many forms of aggressive driving, including speeding, failure to use turn signals, running red lights, driving too fast for conditions, tailgating and disobeying other traffic laws.

Continue reading "Aggressive drivers targeted in effort to reduce risk of Cape Coral car accidents" »

A Fort Myers motorcycle accident has claimed the life of a Lehigh Acres man, according to The News-Press.

Our personal injury lawyers in Fort Myers and Cape Coral continue to advocate for the rights of cyclists on the road. Motorcycling is a year-around activity in Southwest Florida. As we reported on our Florida Injury Lawyer Blog, Cape Coral Bike night drew 10,000 riders on Saturday night. Unfortunately the year-round riding weather also makes for year around danger.

Just last month, a Cape Coral motorcycle accident claimed the life of a corrections officer.

In this latest accident, the 35-year-old Lehigh man was killed when his motorcycle collided with a Mazda van at College Parkway and South Pointe Boulevard. A passenger was transported to the hospital.

Cause of the crash remains under investigation.

ABATE of Florida offers the following tips for motorcycle safety and awareness:

-Obey all traffic laws and signals.

-Constantly watch for motorcycles.

-Remember, it can be difficult to judge a motorcycle's speed, in part because they are smaller than cars.

-Look -- and then look again -- before pulling out or turning at an intersection.

-Allow at least three-second's distance when following a motorcycle.

-Remember, there are 7 to 9 blind spots around the average vehicle.

-Give motorcycles the same respect and courtesy you want for yourselves and other vehicles on the road.

Continue reading "Lehigh man killed in fatal Fort Myers motorcycle accident" »

Our Fort Myers accident attorneys frequently report on the dangers faced by teenagers behind the wheel, particularly when it comes to distracted driving. Earlier this week, we reported on our Florida Injury Lawyer Blog when an auditorium of Florida teens began jeering at the prospect of not being able to use their cell phones behind the wheel.

Now safety organizations are teaming up to encourage teenagers to develop a public-service radio announcement on the dangers of distracted driving that will appeal to teens their own age, the Business Journals reported.

The National Road Safety Foundation and the National Student Safety Program are launching "JST DRV," a radio PSA contest. Teens are invited to submit 15- or 30-second PSA announcements on the dangers of distracted driving. The winning announcement will be broadcast nationwide during Youth Traffic Safety Month in May. Three runners-up will receive a $500 scholarship and a Bluetooth device.

The winner will receive a $1,000 scholarship, a Bluetooth device and a trip to Honolulu for the Youth Traffic Safety Conference this summer. Teens ages 14 to 18 are invited to submit entries. Deadline for the contest is March 25.

"The JST DRV Radio PSA Contest hopes to engage young people in communicating important messages about distracted driving in their own voice," said Michelle Anderson, operations director of the National Road Safety Foundation.

Health News Digest recently reported more than 680,000 motorists were involved in accidents with teen drivers in 2008.

"When most people think about those affected by teen driver crashes, they think of the teens behind the wheel. We must also consider the significant impact of these crashes on other members of our communities: occupants of other vehicles, pedestrians, cyclists, and other road-users," says Dennis Durbin, who was an author of the report. "Whether or not we have a teen driver in our family, we should all care about this issue. This report provides a concrete way to measure the effectiveness of laws, education, and other programs in reducing teen crashes and their impact on communities."

The National Highway Traffic Safety Administration reports 516 motorists were killed in Florida car accidents involving teenagers in 2008. Of those, 153 were occupants of other vehicles and 62 were non-occupants, such as cyclists or pedestrians. Only California and Texas reported more teen-driving fatalities.

"A quarter of all teens admit to texting behind the wheel and, in 2009, the highest proportion of distracted drivers in fatal crashes was under the age of 20," said U.S. Transportation Secretary Ray LaHood. "We know we have to engage teens in order to put an end to distracted driving. With their help, we can educate teens and adults about making smarter choices that will save lives."

More information on the contest is available at www.nrsf.org.

Continue reading "Teen distracted driving contest aims to reduce number of traffic accidents in Fort Myers, elsewhere" »

The Sun-Sentinel reported that teens at a presentation in a Boca Raton high school auditorium gasp and jeered at the prospect of not being able to use a cell phone while driving.

But as our Fort Myers personal injury lawyers frequently report, Florida is woefully behind when it comes to addressing the issue of distracted driving among teenagers. Proposed new legislation, dubbed the Minor Traffic Safety Act, would do little more than bring the Sunshine State in line with most of the rest of the nation when it comes to limiting a young driver's ability to use a phone while behind the wheel.

Unfortunately, it would not address text messaging or cell phone use by adult drivers -- something that is now illegal in 38 other states, according to the Governor's Highway Safety Association. As a result, distracted driving continues to be one of the leading causes of car accidents in Fort Myers, Naples and throughout South Florida.

Addressing teen driver distraction, however, is an important start. Teens are at high risk for nearly every poor driving habit, included distracted driving, drunk driving, speeding and riding with too many passengers in the vehicle. Health News Digest recently reported more than 681,000 motorists were involved in an accident with a teen driver in 2008.

The proposed law would ticket minors for sending text messages or talking on the cell phone while driving. The same rules would finally apply to school bus drivers -- making Florida one of the last states in the nation to address distracted driving by bus drivers.

The bill would also limit the number of minors who can ride in a car with a teenage driver; a teen would be required to display a tag from their rear-view mirror, which would identify them as a minor.

The measure still needs to become law. Florida lawmakers have failed to act on a number of distracted driving measures during legislative sessions in recent years.

Continue reading "Proposed law would forbid teen drivers from using cell phones; fewer Fort Myers car accidents could result" »

Our injury lawyers in Fort Myers and Cape Coral noted a study released this week by the Insurance Institute for Highway Safety, which contends red-light cameras at intersections have reduced fatal crashes by 24 percent.

"The cities that have the courage to use red light cameras despite the political backlash are saving lives," says Institute president Adrian Lund.

As we reported two years ago on our Florida Injury Lawyer Blog, authorities are keeping Southwest Florida red-light violators in their crosshairs. Lee County has installed a camera at Colonial Boulevard and Summerlin Road. Collier County and Naples are also experimenting with the cameras. An average of 5,000 crashes a year are reported at Lee County intersections.

Until recently, municipalities could not use the cameras to issue tickets. However former Gov. Charlie Crist signed a law that made it legal to do so beginning July 1, 2010. The state estimates the cameras will bring in about $38 million this fiscal year, and an additional $12 million to local governments. By 2014, revenue to state and local governments could exceed $200 million.

You can bet that means additional cameras will be coming to an intersection near you and tickets will begin arriving in Lee County mailboxes sooner rather than later. In fact, the revenue-generating aspect of the program is what frequently riles detractors.

But the fact remains that red-light runners and those who disobey traffic control devices are a major cause of car accidents in Cape Coral and elsewhere in South Florida.

IIHS reports 676 people were killed and more than 110,000 were injured in traffic accidents caused by red-light runners in 2009. Given those sobering statistics, the organization says its time violators stop being treated as victims. "Somehow, the people who get tickets because they have broken the law have been cast as the victims," Lund says. "We rarely hear about the real victims — the people who are killed or injured by these lawbreakers."

The study contends the cameras saved 159 lives from 2004 to 2008. It reports an additional 815 lives could have been saved had the cameras been installed in all 99 U.S. cities with a population over 200,000 during the last five years.

Researchers concluded instances of red-light running decreased by 35 percent in 14 cities that equip intersections with cameras.

Continue reading "Red-light camera issue puts focus on intersection accidents in Fort Myers, Cape Coral" »

Unfortunately Super Bowl Sunday is known for more than just great food, great friends and great football.

It is also one of the most dangerous days of the year for drunk driving accidents in Fort Myers and throughout the nation. Our Fort Myers injury lawyers encourage you to be a good host, celebrate responsibly and don't drink and drive.

"Fans Don't Let Fans Drive Drunk" is a campaign being sponsored by the National Highway Traffic Safety Administration in conjunction with the NFL, Mothers Against Drunk Driving and the HERO Campaign.

Somewhere in America, someone dies in a drunk driving accident every 45 minutes, according to the National Highway Traffic Safety Administration. Nationwide, one-third of all traffic fatalities involve a drunk driver, claiming 10,839 lives in 2009. Florida drunk driving accidents accounted for 904 of the state's 2,558 traffic deaths that year.

A responsible party host should promote the use of designated drivers.

-Give them a great spot to watch the game. Let them have first pass at the buffet and make sure you have plenty of non-alcoholic drinks.

-Serve plenty of food.

-Serve measured drinks and serve alcoholic drinks one at a time.

-Never serve alcohol to an underage person.

-Determine when to stop serving alcohol -- such as an hour before the end of the game -- and stick to it. Begin serving coffee and dessert.

-Put the numbers of local cab companies into your phone.

-Be prepared for guests to spend the night if alternatives are not available.

Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead," NHTSA Administrator David Strickland said. "Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk."

Continue reading "Fort Myers drunk driving accidents a danger on Super Bowl Sunday" »

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

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

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

Leading causes of spinal cord injuries include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Leading causes of TBI:

-Falls (35.2 percent)

-Motor Vehicle Accidents (17.3 percent)

-Struck by object (16.5 percent)

-Assault (10 percent)

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

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

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

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

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

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

Southwest Florida mirrors that trend.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Parents can visit the Countdown2Drive Program here.

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

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

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

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

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

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

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

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

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

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

The law enforcement presence will be heavy through the New Year's weekend in an effort to reduce the risk of Fort Myers drunk driving accidents and car accidents in Cape Coral and elsewhere in South Florida.

"The important thing is we want everyone to have a good time," John Sheehan, spokesman for the Lee County Sheriff's Office, told The News-Press. "But we want everyone to be responsible."

The Florida Department of Highway Safety and Motor Vehicles reports that a drunk driver was involved in 1,004 of the state's 2,563 fatal accidents last year. More than 14,000 motorists were injured in 20,085 drunk driving accidents in Florida.

Last year, 19 motorists were killed in Florida drunk driving accidents over the New Year's holiday. A total of 34 fatal car accidents were reported in Florida that weekend.

Agencies will be using additional personnel, saturation patrols and sobriety checkpoints to reduce the risk drunk drivers pose to other motorists on the road. Our Fort Myers accident attorneys continue to support MADD, the Lee County Sheriff's Office and Mobile Eyes in the fight to combat drunk driving. Mobile Eyes is a joint effort that provides $50 rewards to any caller who mentions the campaign when reporting a drunk driver to 911.

Both Fort Myers and Cape Coral police report additional patrol units will be dispatched throughout the cities. Deputies in Collier County will also put increased emphasis on busy travel routes and the downtown area.

Options for getting home safely include a cab, a designated driver and AAA Club's "Tow to Go" program. The program offers free tows home to drivers and their vehicles by calling 800-AAA-HELP.

Three-quarters of the program's calls come between Thanksgiving and New Year; AAA took home 1,234 vehicles and drivers during that time span last year.

"If you're at a bar, a restaurant or even a holiday party, you can call 1-800-AAA-HELP and basically we will send a tow truck driver to your location. And, they'll give you a free, confidential tow and ride home," said Jessica Brady, a public relations manager for AAA Auto Club South.

Continue reading "Do your part to prevent drunk driving car accidents in Cape Coral, Fort Myers this New Year's Holiday" »

The holidays can be a stressful time of year for almost anyone. Some added stressors that we put on ourselves for the holidays are to shop, cook, clean, decorate, and travel to friends and family gatherings. These added stressors can cause heightened anxiety on the road as you rush here and there to get everything done in time. Drivers should be more alert this time of year to aggressive driving behaviors causing Fort Myers car accidents.

Some traits of an aggressive driver are speeding, weaving in and out of traffic, unsafe lane changes and tailgating. These traits can lead to road rage between two drivers. Road rage can be described as extreme behavior between two drivers who show a lack of respect for the safety of other drivers on the road. Aggressive driving is on the rise according to a Smart Motorist article. Two factors that seem to contribute to the increase in aggressive driving is increased number of motorist on the roadways, as well as the increase in miles we spend on the road each year.

Road rage doesn’t always lead to traffic fatalities but puts other motorists on the road at risk of being involved in a traffic accident or being victimized by assault or other criminal activity. Recently in Orlando, a man fired shots at another vehicle on a major interstate during broad daylight because the driver cut him off, claiming it was self-defense. Fortunately no one was hurt in this incident but under the circumstances it could have been a fatal traffic disaster.

If you are a witness to aggressive driving this holiday season, some helpful tips to remember are:

-Call 911 so a police officer can assist in the situation.

-Increase the driving distance between you and the aggressive driver.

-Don’t respond to the bad behavior by acting out in return. You will only fuel the fire by retaliating.

-Don’t make eye contact with the aggressive driver.

-Keep a peaceful mind when you are driving in order to prevent your own aggressive driving behavior.

-Show respect to the other driver to prevent escalating their frustration and road rage

Continue reading "Aggressive driving a leading cause of holiday car accident in Fort Myers, Cape Coral, Punta Gorda" »

Roadway departures are a leading cause of serious and fatal crashes in Florida. Roadway departures are defined as a vehicle leaving the road, either by crossing the median or center line or by veering off to the right and over the edge lines at the side of the road. Regardless, our Fort Myers car accident attorneys understand the increased risk of serious or fatal injuries when a vehicle leaves the roadway.

A 2008 report from the National Highway Traffic Safety Administration states the leading cause of Florida traffic fatalities is roadway departures. If a vehicle travels off the road, crosses the center or road edge line the crash is deemed a roadway departure accident. In Florida, 38% of all fatal crashes from 2005 to 2009 were caused by vehicles leaving their lane or running off the road.

There are a number of reasons why roadway departure crashes occur. By understanding why such accidents occur, a motorist can better defend against the likelihood of being involved in such a collision.

-The leading cause is excessive speed. A driver going too fast may swerve in order to maintain control.

-Drunk or drowsy driving is another cause of roadway departure accidents.

-Road conditions such as flooding on the roadway may cause a driver to go across the center or edge lines. Most drivers swerve to avoid obstacles in the roadway in order to prevent hitting it which causes them to go outside the lines.

-Distracted driving is also a common reason why a driver can cross a center or edge line. Lastly, though the least common, when a vehicle breaks down it may leave the road. These are particularly dangerous because controlling the vehicle after a blown tire or engine shut off is difficult to manage in and of itself. Crossing over the center or edge line just adds insult to injury in terms of controlling the vehicle.

Though it’s a work in progress, the Florida Transportation Commissions 2008 report offered the four “E” solution to reduce road departure crashes. Their continual goals are to:

-Improve law “enforcement” practices on limited access and rural roadways.

-Increase the public’s “education” on roadway departures.

-Enhance or “engineer” roadway design.

-Escalate “emergency services” response to a crash.

These goals along with drivers being more careful on the roadways should lead to less roadway departure car crashes in the future.

Continue reading "Road departures a leading cause of fatal Fort Myers car accidents" »

Snow birds flock to Florida, especially during the holidays. As an excuse to escape the cold weather doldrums, their families plan a trip to visit Mickey in Orlando, Jungala in Tampa, or their grandparents in Ft. Myers. Roadways in Florida become much more congested this time of year due to the tourist season as well as the holiday traffic in going to malls or family gatherings. Everyone should allow extra time and extra patience to avoid Fort Myers car accidents during the holiday season.

In 2009, Florida ranked third highest in holiday traffic fatalities among all 50 states.

The Fatality Analysis Reporting System from the National Highway Traffic Safety Administration reported there were 74 fatalities on Christmas Day, 13 fatalities on New Year’s Eve, and 78 fatalities on New Year’s Day in Florida last year.

Nationally, there were a total of 1,719 traffic fatalities occurring on Christmas Day (640), New Year’s Eve (75), and New Year’s Day (1,004). Florida accounted for almost 10% of the fatalities during these three holidays. What’s more disturbing is 17% of traffic fatalities occurring in the United States on New Year’s Eve were in Florida. This statistic is second only to Texas who reported one more fatality than Florida.

This is as good of time as any to review some safety tips that can help driving on congested roads during the holiday season, especially on New Year’s Eve:

-Be aware of other drivers around you by checking all of your mirrors regularly.

-Drive at a speed that blends in with other drivers by maintaining the speed limit. In other words, don’t speed or drive at a snail’s pace.

-Driving under the influence is never a safe option so you need to be proactive by having a back-up plan if you plan to be drinking.

-Exhibit patience with out-of-state drivers as they may not know where they are going which can cause them to drive erratically.

-Rather than cutting drivers off, show courtesy on the roadways by allowing ample time to move over or make your exit.

-Failure to wear your seat belt is breaking the law and could result in more serious injuries in the event of an accident.

-If staying home or staying over is an option, opt to make the safer choice by staying off the road during peak travel times.

Continue reading "Holiday travel, tourism, increases risk of car accidents in Fort Myers, Naples, Cape Coral" »

Two-thirds of the motoring public would support an outright ban on drivers using cell phones, according to a new study cited by the National Safety Council.

Our car accident lawyers in Fort Myers and Naples continue to monitor the issue of cell phone use and text messaging by drivers. The National Highway Traffic Safety Administration blames cell phone use and text messaging by drivers for a substantial number of the 5,474 motorists killed last year in distracted driving accidents. The government estimates another 448,000 were injured.

Yet Florida is one of a dwindling number of states where lawmakers have done nothing to prevent drivers from text messaging or using cell phones while behind the wheel. According to the Governor's Highway Safety Association, Florida joins only Hawaii, Idaho, Ohio, and South Carolina as states with a complete lack of regulation or reporting on the issue.

-8 states ban hand-held cell-phone use entirely: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-No state bans cell phones completely (both hand-held and hands-free)

-However, 28 states and D.C. ban all cell phone use by teenagers and/or new drivers.

-School bus drivers are banned from using cell phones in 18 states.

-30 states make it illegal to text and drive, including 11 states that passed laws this year.

-An additional 8 states ban text messaging by novice drivers.

Not only has Florida failed to act, it is one of the very few states that have forbidden local governments from enacting ordinances of their own. For instance, Illinois forbids texting and driving, while the City of Chicago prohibits drivers from using hand-held cell phones altogether.

It is that patchwork of laws that has the NSC and others concerned about potential confusions, particularly during the busy upcoming travel season.

“The public is fed up with their safety being jeopardized because of phone calls,” said David Teater, senior director of Transportation Initiatives for NSC. “It is our hope that elected officials realize the strong public support for laws, and that they are quickly passed to protect motorists and others on our roadways.”

The new study found two-thirds favored a nationwide ban on cell phone use by drivrs, while half thought such a ban would increase traffic safety "a great deal."

Continue reading "Cell phone ban could reduce number of holiday car accidents in Fort Myers" »

The National Safety Council has announced a partnership with Allstate Insurance that will establish a Florida coalition to promote safe teen driving.

Our Fort Myers personal injury lawyers urge you to speak to your teen drivers about the risks associated with poor driving choices. The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers. And Cape Coral car accidents involving teenagers have made that city one of the most dangerous of its size in the nation for young drivers.

Florida is one of 10 states where coalitions are being formed. The others are California, Illinois, Maryland, Minnesota, New Jersey, New York, Pennsylvania, Tennessee and Texas.

“While our roads have never been safer, car crashes remain the No. 1 killer of all people from 1 to 34 years old, with teens crashing four times more often than any other age group. We must act now to create new social norms behind the wheel starting first with our youngest drivers,” said Joan H. Walker, senior vice president, Allstate Insurance Co. “With its long legacy of building safety coalitions, NSC is the ideal organization to lead new state efforts to change the teen driving culture.”

Florida car accidents involving young drivers claimed 516 lives in 2008. Only California (593) and Texas (650) reported more deaths involving teen drivers.

“Funding from The Allstate Foundation allows NSC to develop a coordinated strategy for building effective state coalitions,” said Janet Froetscher, NSC president and CEO. “The coalitions will mobilize state leaders to find unique solutions to the teen driving issue and save young lives for generations to come.”

Participants will include local and state law enforcement, public health personnel, the media, injury prevention groups and tees and parents, including family and friends of teen crash victims.

Continue reading "Coalition aims to reduce teen car accidents in Fort Myers and throughout Southwest Florida" »

Our Fort Myers car accident attorneys want to acknowledge Older Driver Safety Awareness Week by reminding you of the dangers that elder drivers can face as they get older. Awareness helps to detect a change in driving behavior in an elderly driver and the concerns that you may have regarding those changes.

There are a number of myths and facts about older drivers as recognized by Health Promotion & Disease Prevention for Older Adults.

Myth – All older drivers are high risk drivers due to their declining health.

Fact – Though our abilities to safely drive may decline as we get older – flexibility, memory, muscle strength, vision – the rate of the decline varies with each person.

Myth – Getting elderly drivers off the roadways will greatly improve public safety.

Fact – Most elderly drivers are safe drivers, it is finding a better method to identify high risk older drivers and getting them to stop driving.

Myth – Doctors should know a patient shouldn't drive anymore.

Fact – Some doctors feel that the individual state departments of motor vehicles should decide who is safe to drive. More doctors are realizing that if their patients have conditions that can affect their driving ability a discussion needs to take place. There is a guide for doctors to refer to regarding elderly driver safety.

Myth – Older drivers should just use public transportation.

Fact – Walking to bus stops, climbing steep bus steps and standing for long periods of time are a few reasons public transportation is not popular to seniors. Not to mention the complexity of the routes and the inconvenient arrival and departure times.

Myth – Older drivers should just take a refresher course to improve their driving.

Fact – Only 5% of elder drivers take refresher courses. If a class doesn't including getting behind the wheel the benefit is very little.

It is difficult to know exactly when to take an elders keys away. AAA Seniors cites some warning signs that would indicate unsafe driving skills:

-Frequent near crashes, more scrapes and dents on the car, hitting curbs, mailboxes or garage doors.

-Getting tickets or getting warnings from police.

-Feeling anxious or stressed about driving, not wanting to drive as much.

-Forgetting to use turn signals or putting them on but not turning. Not staying in your lane.

-Having trouble reading traffic signs, getting lost in familiar places.

-Confusing the gas and brake pedal, making sudden starts, stops and lane changes.

Continue reading "Myths and Facts of Elder Drivers in Florida" »

The state of Florida is planning a holiday crackdown on drugged drivers and could introduce proposals for tough new laws as early as next spring. The number of people dying in accidents caused by drivers under the influence of drugs is on the rise, both in Florida and across the nation.

Consulting an experienced Fort Myers car accident attorney or wrongful death lawyer is critical in any accident in which a motorist is seriously injured or killed. But cases involving drugs or alcohol are often among the most devastating and most complex that an experienced law firm can handle. Drug cases, in particular, require thorough investigation and representation. Even in cases in which a motorist is determined to have drugs in their system, proving they were impaired at the time of the crash is a more complicated matter.

As we reported recently on our Florida Injury Lawyer Blog, reducing the risks associated with drunk or drugged driving will be a priority through the holidays. Drug-related injury crashes are up more than 10 percent while injuries have increased nearly 20 percent, according to the Florida Department of Highway Safety and Motor Vehicles.

"The Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving," said FHP Director John Czernis.

Meanwhile, the National Highway Traffic Safety Administration reports the percentage of crashes involving drugs has increased in the last five years, from 13 percent to 18 percent. Last year, 63 percent of the 21,798 drivers killed in crashes were tested for drugs. Of those, 3,952 -- or 18 percent -- tested positive.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The government is quick to point out a positive drug test does not mean a driver was impaired at the time of a crash. Some drugs remain in the system for weeks -- marijuana, for instance, can remain in a person's system for a month after it is consumed. Still, authorities are concerned about the impact of both illegal and prescription medication, as well as some over-the-counter medicines to the extent they can influence driving ability.

"While it’s clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else," Strickland said. "It doesn’t matter if its drugs or alcohol, if you’re impaired, don’t drive."

A family devastated by a 2007 drunk driving accident near Fort Myers Beach has been awarded more than $13 million in compensation for the crash, which killed two children and critically injured a mother and her oldest son.

Jordy Martinez, 1, and Jesus Martinez, 6, were killed in the crash. There surviving brother, Juan Martinez, and mother, Maria Bustamante, were injured when their vehicle was slammed into by a man racing off the beach after colliding with several cars in a bar parking lot.

Associates and Bruce L. Scheiner, Attorneys for the Injured, has represented the family for more than three years. Trial attorneys included founder and Senior Attorney Bruce L. Scheiner, Preston J. Scheiner and John Romano. The three-week trial ended Thursday when the six-woman jury returned a verdict of $12 million for pain and suffering and more than $1 million for funeral expenses, past and future medical expenses and punitive damages.

"When the death is a ripping away of a child, when it is sudden, when it is unexpected, when it is violent, when it is avoidable, when it is inexcusable, it is not impossible to deal with, but almost," Ramano told jurors during closing arguments. "It's unthinkable."

As we reported in January 2009 on our Florida Injury Lawyer Blog, the driver, George Butler III, was sentenced to 15 years in prison and had his driver's license permanently revoked as a result of the crash.

He was drinking at Top O'Mast Lounge on Fort Myers Beach when he reportedly struck several cars in the parking lot and fled off the beach bridge at speeds of about 80 mph. He struck several other cars before plowing into Bustamante's vehicle. Butler faced 12 criminal charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury.

Continue reading "Associates and Bruce L. Scheiner secures $13 million jury verdict for victims of Fort Myers drunk driving accident" »

The Florida Department of Highway Safety and Motor Vehicles is rolling out a host of drunk driving enforcement efforts for the holidays as law enforcement works to reduce the risk of drunk driving accidents in Fort Myers, Cape Coral and elsewhere in South Florida.

Too frequently, our Fort Myers accident attorneys are called to help a family in the wake of a tragedy caused by the senseless acts of a driver who has climbed behind the wheel after having too much to drink.

As part of National Drunk and Drugged Driving Prevention Month, law enforcement is reminding motorists that more than 21,000 crashes in Florida last year were attributed to alcohol and drugs.

“The holiday season is a time to celebrate, and no one should have to suffer the loss of a loved one at the hands of a drunk or drugged driver,” said Lieutenant Governor Jeff Kottkamp. “I am pleased to see our law enforcement agencies and safety advocates taking proactive measures to make the roadways safer for residents and for those visiting the Sunshine State during the holidays.”

Motorists are being reminded that the cost of a drunk driving conviction can be as high as $20,000, including fines, court costs, attorney fees, increased insurance premiums and prison and probation. Unfortunately, drunk driving crashes have been on the rise, even as the overall number of fatalities has declined.

“As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009,” said Florida Highway Patrol Director, Colonel John Czernis. “The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida’s tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving.”

Florida drunk driving facts:

-Forty-four percent of fatal crashes in Florida last year involved drugs or alcohol.

-Drug-related injuries increased by more than 19 percent last year.

-Drug-related crashes increased by more than 11 percent.

-New Year's experienced the highest fatality rate per hour. More than half of the 34 fatal crashes last year involved alcohol.

-28 people died in Christmas holiday crashes last year on Florida roads.

Please celebrate the holidays responsibly:

-Plan ahead. Designate a driver.

-Take the keys. Make sure friends don't drive drunk.

-As a party host, require designated drivers or other plans to avoid guests leaving your party impaired.

-Obey warning labels on prescription medication.

Dial *FHP (*347) to report impaired drivers.

Continue reading "Holiday drunk driving prevention aims to reduce risk of car accidents in Fort Myers, Naples" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Signs of drowsy driving include:

-Having trouble keeping your eyes opened or focused.

-Trouble keeping your head up.

-Daydreaming or having wandering or disconnected thoughts.

-Drifting out of your lane or tailgating.

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

As Fort Myers enters the winter tourist season, police have an ominous warning: When it comes to distracted driving, Fort Myers is the second-most-dangerous city of 97 cities its size in the State of Florida.

Our Fort Myers accident lawyers understand that seasonal traffic can be a real headache -- we drive in it, too. But being involved in -- or causing -- a car accident in Cape Coral or Fort Myers is far worse than waiting on a red light to cycle through a second time or spending an extra 10 minutes reaching your destination.

"Halloween is the start to a busy holiday season and tourist season," Chief Doug Baker wrote in a column published in The News-Press. "Be responsible when getting behind the wheel; give yourself extra time to reach your destination. Exercise patience and let cooler heads prevail when caught in traffic."

The Chief said the department will spend season working on education, prevention and enforcement, but motorists must do their part.

More than 5,000 car accidents were reported in Lee County last year, according to the Florida Department of Highway Safety and Motor Vehicles. Nationwide, 5,474 motorists were killed and 448,000 were injured by accidents caused by distracted drivers, according to the National Highway Traffic Safety Administration.

“These numbers show that distracted driving remains an epidemic in America, and they are just the tip of the iceberg,” said U.S. Transportation Secretary Ray LaHood.

Only speeding and drunk driving are blamed for more traffic deaths.

Chief Baker is urging motorists to put down their cell phones and to not text while driving.

"We will continue to address issues such as red light running, occupant safety (seatbelts), aggressive and distracted driving, and driving under the influence." he said.

Continue reading "Fort Myers police warn of distracted driving dangers in an effort to reduce risk of in-season car accidents" »

Law enforcement agencies will be out in force this week, making sure the scariest thing about Halloween weekend isn't the other motorists on the road.

As our Fort Myers injury attorneys reported last week on our Florida Injury Lawyer Blog, the Halloween weekend is also a dangerous time for pedestrian accidents and accidents involving premise liability, including dog attacks.

But drunk driving accidents in Fort Myers remain one of the primary threats to a safe enjoyment of the weekend. And Fort Myers police and law enforcement agencies statewide will be out in force. Last year, 1,004 motorists were killed in drunk driving accidents in Florida, according to the Department of Highway Safety and Motor Vehicles.

A total of 617 drunk driving accidents in Lee County were reported, claiming 25 lives.

Statewide, troopers from the Florida Highway Patrol will join local law enforcement in a "Drunk Driving. Over the Limit. Under Arrest" Campaign through Sunday night.

“There is not a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel,” said FHP Director, Colonel John Czernis. “Whether you’ve had one too many or way too many it is just not worth the risk. Remember, Buzzed Driving is Drunk Driving. Our troopers will be vigilant in their efforts to remove impaired drivers from our roadways.”

Fort Myers Police Chief Doug Baker said one of the department's goals remains to reduce the number of drunk driving accidents. Unfortunately, the 133 people arrested for drunk driving so far this year is 17 percent more than during the same period of time last year.

"Sadly, that slogan you may have heard on the radio and on television, “Over the Limit, Under Arrest,” hasn’t reached many drivers," Baker wrote in a News-Press column recently. "Avoid the use of alcohol while operating a motor vehicle and always make use of a designated driver if you have consumed alcohol. Don’t become a statistic; remember that the life you save may be your own!"

Safe driving tips from the Highway Patrol:

-Plan a safe way home before festivities begin.

-Designate a sober driver.

-If impaired, phone a friend, use a taxi or rely on public transportation.

-Report drunk drivers by calling *FHP (*347)

Continue reading "Drunk driving accidents in Fort Myers and Cape Coral are a weekend holiday danger" »

The Halloween season brings with it the increased threat of injuries resulting from premise liability issues and car accidents in Fort Myers and throughout South Florida.

Authorities will be conducting a drunk driving "Over the Limit. Under Arrest" campaign from Oct. 25 - 31, according to the National Highway Traffic Safety Administration. Drunk driving was responsible for more than half of the 4,900 people killed over Halloween weekends during the last decade.

Nighttime is always a dangerous time to be on the road but Halloween night is frequently one of the deadliest nights on the road all year.

Car accidents are not the only danger during Halloween -- Issues involving premise liability in Fort Myers are commonplace. More walking dark sidewalks is done on Halloween night than all year long. Children are at increased risk of a whole host of injuries, including Fort Myers pedestrian accidents. And trick-or-treaters and/or guests or party goers can be subjected to everything from slip and fall accidents to dog attacks and swimming pool accidents.

When it comes to Halloween, pretty much anything can happen.

The Centers for Disease Control and Prevention provides a fun list of safety tips that spell "Safe Halloween:"

-Swords, knives and other costume accessories should be soft and flexible.

-Avoid trick-or-treating alone.

-Fasten reflective tape to your costume to make yourself more visible to drivers.

-Examine treats for choke hazards and tampering.

-Hold a flashing so you can see and others can see you.

-Always test make-up in a small area and remove promptly to avoid irritation.

-Look both ways before crossing the street.

-Lower your risk for eye injury by not wearing costume lenses.

-Only walk on sidewalks or on the far edge of the road facing traffic.

-Wear well-fitting masks, costumes and shoes.

-Eat only factory-wrapped candy.

-Enter homes only with a trusted adult.

-Never walk near lit candles and be sure to wear flame-resistant costumes.

Continue reading "Fort Myers car accidents, premise liability issues a concern during Halloween" »

We've made it! The National Weather Service has called an end to the rainy season two weeks ahead of schedule, ushering in the lower humidity, more reasonable temperatures and light breezes that make October in South Florida the reason so many of us live here. The next six weeks, until the arrival of our winter friends and the start of heavy traffic and tourist season, are among the nicest weeks of the year.

Our biker friends think so, too. And October is a prime time for riding and a great time for motorists to remind themselves that the South Florida motorcycle season runs year around. In fact, most riders prefer the winter season in Florida. It's cooler and the lack of rain makes it safer. Unfortunately, motorists who fail to watch for riders are frequently responsible for causing motorcycle accidents in Fort Myers or elsewhere in South Florida.

The National Highway Traffic Safety Administration reported that 5,290 riders were killed in 2008 and more than 96,000 were injured. Florida motorcycle accidents accounted for 523 fatalities, or 1 in 10 fatal motorcycle accidents that occurred nationwide. Only California reported more riding deaths.

“It’s a fact that car drivers and other motorists are at fault most of the time in multiple-vehicle crashes that involve a motorcyclist,” said Tim Buche, of the Motorcycle Safety Foundation. “That’s why we’ve initiated several public outreach tools specifically targeting the driving community. MSF has life-saving messages for everyone, whether they are behind a handlebar or behind a steering wheel.”

A bike event on the grounds of LaBelle's Swamp Cabbage Festival was one of the first events of the season. But bike nights in Cape Coral and Fort Myers will also be drawing riders from throughout South Florida in recent the coming weeks and months.

The following safety tips are adapted from the Motorcycle Safety Foundation's "10 Things All Car, Truck and Bus Drivers Should Know about Motorcycles."

-Over half of all fatal motorcycle accidents involve another vehicle and most of the time the motorist is at fault. Drivers need to make a conscious effort to watch for riders. If in doubt of speed or distance, wait for a bike to pass instead of pulling out in front of a rider.

-Motorcycles are small and can be easily hidden in a vehicle's blind spot or by parked cars or other roadside obstructions. Always look twice for bikes, especially at intersections or when changing lanes or pulling out of a street-side parking space.

-It's tough to judge a motorcycle's speed. And a bike may look further away than it is. Predict a rider is closer than he looks.

-Motorcycles often slow down by downshifting or rolling out of the throttle -- neither of which activates brake lights. Allow more following distance and predict a motorcycle may slow without warning.

-Motorcycles often move around within a lane to avoid minor road defects or to improve vision or reduce wind, sun glare or other hazards. Never crowd a rider.

-Turn signals on motorcycles usually do not shut off on their own. Riders, particularly new or inexperienced riders, sometimes forget to shut them off. Make sure of a rider's intentions before proceeding.

-Maneuverability is one of a motorcycle's best characteristics. But don't expect a rider to always be able to dodge out of the way.

-Motorcycle's require about the same distance to stop as a passenger car -- and even more distance is required on wet or slippery roads. Don't expect a rider to be able to stop on a dime.

-See the motorcycle as a person, as its occupants are just as vulnerable.

-Motorists need to remember that motorcycle accidents typically --usually-- result in very serious or fatal injuries. Don't subject yourself to the guilt of causing a serious accident by hurrying or not watching for our riding friends on the road this winter.

Our Fort Myers personal injury lawyers encourage parents to speak with their teenagers about the importance of safe driving habits this week during National Teen Driver Safety Week (Oct. 17-24).

As we reported last week on our Florida Injury Lawyer Blog, parental involvement is critical to reducing the risk that your teenager will be involved in a serious or fatal car accident in Cape Coral or Fort Myers. The coming weeks are among the most dangerous of the year as school's celebrate homecoming, traffic gets intense with the start of tourist season, and South Florida heads into the holiday season.

The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death among teenagers ages 15 to 20. And the Centers for Disease Control and Prevention says that 2 of every 5 teenager deaths are the result of traffic accidents.

Teens have every bad driving habit in the book and are among the worst offenders when it comes to drunk driving, speeding, texting and driving, distracted driving, not wearing their seat belts, riding with too many passengers in the car, dangerous nighttime driving and driving too fast for conditions.

In fact, the Florida Department of Highway Safety and Motor Vehicles reports that 1 in 5 16-year-old drivers will be involved in an accident.

The Florida Drive with Care program is encouraging awareness by urging everyone to wear a white shirt on Oct. 19 to "White Out Teen Crashes."

Driving tips for teenagers adapted from the department of motor vehicles:

-Wear your seat belt.

-Adjust mirrors, seat, radio and climate control before moving.

-Make complete stops at stop signs and red lights. Avoid jamming on the brakes. When stopping behind another vehicle, stay far enough back that you can see its rear tires.

-Look left, right, straight, left before proceeding from a stop. Look left first and last because that is the direction of oncoming traffic.

-Do not rely on mirrors when backing up. Make visual checks in all directions to make sure your path is clear.

-Remain 15 feet away from trucks on all sides. If you cannot see a truck's rearview mirrors, the driver cannot see you.

-Don't speed. The chance of death or serious injury doubles for every 10 mph you travel over 50 mph.

Click here for additional tips on dangerous driving distractions, night driving and driving in bad weather. Here you will find a safe driving contract for your Florida teenager.

Continue reading "Fort Myers accident attorneys encourage parents to speak with teens during Teen Driver Safety Week" »

Our injury attorneys in Cape Coral and Fort Myers were glad to hear that sobriety checkpoints will continue in the Cape despite a loss of grant funding.

For years, Associates and Bruce L. Scheiner, Attorneys for the Injured, have supported sobriety checkpoints conducted in Fort Myers, Cape Coral and by the Lee County Sheriff's Office. Our attorneys have spent evenings on the scene. And we have been invited to ride with the Wolf Packs -- roving saturation patrols of officers looking to take drunk drivers off the street. And we are proud supporters of the local chapter of Mothers Against Drunk Driving and Mobile Eyes, which offers cash rewards to motorists who report drunk drivers.

Some of the most tragic cases we have handled as a firm have involved drunk driving accidents in Cape Coral and Fort Myers or traffic accidents caused by intoxicated drivers elsewhere in South Florida.

Nationwide, one-third of all fatal accidents involve a drunk driver, claiming 11,773 lives in 2008, according to the National Highway Traffic Safety Administration. In other words, somewhere in America an innocent motorist is killed by a drunk driver every 45 minutes. Florida drunk driving accidents accounted for 1,041 of the state's 2,978 traffic deaths that year.

Rarely, does a week go by where a tragedy caused by drunk driving does not make the newspaper. On Sept. 25, the News-Press reported the arrest of a 22-year-old North Fort Myers man on charges of DUI manslaughter and vehicular homicide in connection with a June 11 Cape Coral car accident that claimed the life of his girlfriend. He faces 20 years in prison if convicted. The media reports the couple had been swimming and he was arguing with her about getting the seats wet in his 1992 Nissan Sentra when he slammed head-on into a tree.

Unfortunately, when times get lean, there is often a temptation to do away with proactive law enforcement measures such as DUI checkpoints. And the News-Press reports that the drop in grant funding led to fewer checkpoints and fewer arrests for DUI in recent months. But police have committed to continuing with them despite the lack of grant revenue and overtime cutbacks. And for that, we are all safer.

We all know cell phones can be a hazard behind the wheel. And the government's push to ban drivers from text messaging has reached a fevered pitch this year. But now the USA Today reports that the emphasis on texting could be taking the focus off the many other forms of distracted driving that commonly result in serious or fatal car accidents in Fort Myers and throughout the nation.

And, ironically, laws against texting and driving may be exacerbating the problem; our Fort Myers accident attorneys reported last week on our Florida Injury Lawyer Blog that some states have seen an increase in such accidents since banning text messaging. Drivers attempting to hide their activities, and thereby taking their eyes off the road for longer periods of time, could be responsible.

Meanwhile, the many other forms of distracted driving are rarely mentioned. "I don't think we've made nearly as much progress in those other areas of distracted driving," says Peter Kissinger, president and CEO of the AAA Foundation for Traffic Safety

The National Highway Traffic Safety Administration reported last month that 5,474 people were killed and 448,000 were injured in accidents caused by distracted driving. Only speeding and drunk driving are blamed for more deaths. And, while traffic fatalities have been in decline nationwide, the number of accidents blamed on distracted driving has climbed 25 percent in the last five years, from 4,472 in 2005 to 5,474 last year.

But nobody really knows how many of those accidents are caused by cell phone use or text messaging. The USA Today reported that the federal government blames cell phones for just 18 percent of the fatalities and 5 percent of the injuries associated with distracted driving. However, the Chicago Tribune reported that a study from the University of North Texas found that two-thirds of distracted driving accidents were blamed on text messaging. Researchers there contend that 16,141 people died in accidents caused by a text messaging driver between 2002 and 2007. Without text messaging, an average of 1,925 deaths a year would have been caused by distracted driving, compared to the 5,988 deaths in 2007 that were blamed on distracted driving once text messaging was included.

Part of the problem is that there is no nationwide system of reporting distracted driving accidents and many state and local governments do not report distractions or their causes at the scene of a crash.

Other common forms of distracted driving include eating, drinking, smoking, grooming, using in-car electronics, talking to passengers and external distractions. The NHTSA lists a wide range of common distractions in its most recent annual report, including:

-Adjusting climate controls or the radio.
-Reaching for something inside the vehicle.
-Distraction by outside person, object or event.
-Driver lost in thought.
-Reading, including maps.
-Looking at previous crash.
-Looking for an address, business, person or building.

Continue reading "Many Fort Myers car accidents caused by distraction -- But how bad is the text messaging issue?" »

Parents can go a long way toward helping teenagers avoid a car accidents in Cape Coral or Fort Myers by spending more time with them during the driver's education process, according to the results of a new Study by the AAA Foundation for Highway Safety.

More than a year ago, our Cape Coral Accident attorneys reported the dangers on our Florida Injury Lawyer Blog after an insurance study found Cape Coral the deadliest city of its size in American for teen car accidents.

The New York Times reports that most teens are allowed to get driver's licenses despite exhibiting a need for extra training behind the wheel -- particularly when it comes to challenging driving situations like night driving, driving in heavy traffic or driving in heavy rain or bad weather.

“One of the best things parents can do to reduce the risk is to spend as much time as possible with their children to provide guidance driving in a variety of situations so they can gain experience and competence,” said Peter Kissinger, chief executive of the foundation. “If they do, it will have a significant impact on the teenager’s later driving experience.”

Nearly half of all parents said they had concerns about a teen's abilities in one or more areas but one-third permitted teenagers to get their license within a month of becoming eligible. The study, which is one of the first to be conducted on the interaction between parent and child during the driver's education process, also found significant differences in the amount of time parents spent helping their children learn to drive.

Nationwide, car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. In 2008, a total of 6,428 motorists were killed in accidents involving teen drivers. Almost 10 percent of those deaths --516-- occurred right here in Florida. Only California and Texas reported more fatal car accidents involving teen drivers.

The National Safety Council noted that the need for training does not stop when a teen receives his or her license; the first year is particularly critical. “If they knew the risk, they would take a much more active role,” said the NSC's David Teater, of the parents of young drivers.

Today's new cars are safer than ever before. But some cars remain safer than others and what you drive can have a significant impact on the safety of you and your family in the event of a serious car accident in Cape Coral, Fort Myers or the surrounding area.

Our Cape Coral personal injury lawyers want you to know about an improved government rating system and encourage you to make it part of your review process when considering the purchase of a new vehicle.

For the first time, the government's 5-Star Safety Ratings System includes an overall vehicle rating. New, more rigorous crash tests are also performed using female crash-test dummies, in addition to the standard male test-dummies that have been in use for years.

“More stars equal safer cars,” said U.S. Transportation Secretary Ray LaHood. “With our upgraded Five-Star Safety Ratings System, we’re raising the bar on safety. Through new tests, better crash data, and higher standards, we are making the safety ratings tougher and more meaningful for consumers.”

It's no secret that some vehicles are safer than others. We have all seen some of the new subcompact vehicles hitting the road and certainly potential buyers will want to review safety ratings before making a purchase. But the well-publicized rollover dangers of some SUVs and the Toyota recalls of the last year prove that no vehicle is immune from vehicle defects or poor safety ratings.

“We want consumers to embrace these new safety technologies as a way to make vehicles safer,” said National Highway Traffic Safety Administrator David Strickland. “We believe electronic stability control, lane departure warning, and forward collision warning offer significant safety benefits and consumers should consider them when buying a new car.”

And the good news is you do not have to pay a fortune for the added protection of a safer car: The BMW 5 series earned the best "5-star" rating but so did the modestly priced Hyundai Sonata.

Safety ratings for new and used cars are available here.

In a bizarre twist, a new study by the Highway Loss Data Institute found that laws aimed at preventing drivers from text messaging may actually be increasing the risk of distracted driving car accidents.

As our Fort Myers accident attorneys reported last week on our Florida Injury Lawyer Blog, Florida has been chastised for being one of a dwindling number of states without a law that prohibits drivers from text messaging while behind the wheel.

The report, which was sponsored by the Insurance Institute for Highway Safety, examined statistics in four states with text-messaging bans and compared them to four states that have not prohibited drivers from text messaging.

"In a perverse twist, crashes increased in 3 of the 4 states we studied after bans were enacted," says Adrian Lund, president of both HLDI and the Insurance Institute for Highway Safety. "It's an indication that texting bans might even increase the risk of texting for drivers who continue to do so despite the laws."

Like speeders who still speed, the study's authors believe texting bans could be increasing accidents as drivers attempt to do a better job of hiding their activities.

"If drivers were disregarding the bans, then the crash patterns should have remained steady," Lund said. "So clearly drivers did respond to the bans somehow, and what they might have been doing was moving their phones down and out of sight when they texted, in recognition that what they were doing was illegal. This could exacerbate the risk of texting by taking drivers' eyes further from the road and for a longer time."

The effectiveness of the laws is an important question as the federal government and safety advocates continue to push text messaging bans and hand-held cell phones bans as a way to reduce the risk of serious and fatal car accidents. Last month, the National Highway Traffic Safety Administration reported that 5,474 motorists were killed and about 450,000 were injured in car accidents caused by distracted driving.

The IIHS was quick to caution that the report's findings do not indicate that there is not significant risk associated with texting or using a cell phone while driving.

"There's a crash risk associated with doing this. It's just that bans aren't reducing this crash risk," Lund said. "The point of texting bans is to reduce crashes, and by this essential measure the laws are ineffective."

If there is one thing our Fort Myers accident attorneys could encourage you to do this week, it would be to sign up for the state's emergency contact registry so that your loved ones can be notified in a timely fashion in the event that you are involved in a serious Fort Myers car accident or a traffic accident elsewhere in Florida.

This week -- October 3 to October 9 -- has been declared Register Your Emergency Contact Information Week, though motorists can register at anytime throughout the year. Your information can be accessed only by law enforcement officers looking to contact you in case of emergency. The program was introduced four years ago and we have blogged about it before here on our South Florida Injury Lawyer Blog.

“While the steady rise in ECI registrants is encouraging, it represents only a small portion of Florida’s driving population,” said DHSMV Executive Director Julie L. Jones. “Everyone with a Florida driver license or ID card should register their emergency contacts with us, either in an office or online. This will help our law enforcement officers identify who to notify when every second counts.”

You can click here to register your emergency contact information online.

Christine Olson learned of the tragic need for a statewide emergency contact resource when her daughter was killed in a Florida motorcycle accident in 2005. It took authorities more than six hours to notify the family. She worked with state lawmakers to establish and promote the database and has since founded "To Inform Families First" an organization dedicated to establishing up-to-date contact information in the event of an emergency. So far, more than 3 million motorists have registered and the database has been used more than 600,000 times.

You never know when you or a family member will be involved in a traffic accident. Last year, more than 640 traffic crashes a day were reported in Florida, injuring almost 200,000 people and claiming 2,563 lives, according to the Florida Department of Highway Safety and Motor Vehicles.

Help law enforcement notify your family in an emergency and participate in this important effort.

Continue reading "Help law enforcement locate family following South Florida car accident -- add emergency information to statewide database" »

While our Fort Myers injury lawyers and Cape Coral accident attorneys are encouraged by the decline in drunk driving accidents reported last year, we share the concern of MADD and other organizations that understand how much work remains to be done.

As we reported recently on our Florida Injury Lawyer Blog, Fort Myers drunk driving accidents, and drunk driving accidents nationwide, still account for about one-third of all traffic fatalities. Last year, 10,839 motorists were killed in crashes involving alcohol.

"MADD is pleased to see that the new drunk driving fatality data from the National Highway Traffic Safety Administration shows drunk driving fatalities have declined," said Mothers Against Drunk Driving President Laura Dean-Mooney. "This decline means that fatalities have been almost cut in half since MADD was founded in 1980."

Still, somewhere in America, someone dies in a drunk driving crash every 45 minutes.

"MADD knows there is still a lot of work to be done," Dean-Mooney said.

In fact, statistics released last month by the National Highway Traffic Safety Administration offer a stark reminder of the challenges that remain: Despite 80 percent of motorists who say drunk driving is a "major threat" to the safety of their family, 17 million motorists admitted to driving drunk in the past year -- or nearly 1 out of 10 drivers on the road.

“Drunk driving is deadly, it’s against the law, and unfortunately, it’s still a problem,” said Secretary Ray LaHood. “With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior.”

The report revealed that about 1 in 5 motorists admitted to drinking within two hours of driving at some point during the past year.

Young males ages 16 to 24 were most at risk: 1 in 4 admitted to either driving drunk or riding in a car with a drunk driver at some point during the last 12 months.

This week's distracted driving summit in Washington, D.C. opened with an announcement of new regulations aimed at reducing accidents involving hazardous material, commercial trucks and bus and train operators, the National Highway Traffic Safety Administration reported.

Our Fort Myers semi tractor-trailer accident lawyers and Cape Coral school bus accident attorneys continue to report on the dangers distracted driving pose to motorists. An estimated 6,000 motorists are killed each year and 500,000 are injured in accidents caused by distracted driving. Only drunk driving accidents and speed-related crashes claim more lives.

Still, Florida is one of a dwindling number of states that has not enacted a ban on text messaging while driving. Part of the summit's focus will be on pushing states to comply with the stated wishes of the federal government to see a nationwide text-messaging ban enacted by passage of an anti-texting law in all 50 states.

Additionally, a pilot program in Connecticut and New York, which targeted drivers disobeying cell phone laws, dramatically reduced distracted driving in both cities, according to results of "Phone in One Hand, Ticket in the Other."

The announcement of new rules will prohibit all truckers from texting while transporting hazardous materials and make it illegal for other drivers of commercial trucks and buses, or those operating trains, to text while driving.

“We are taking action on a number of fronts to address the epidemic of distracted driving in America,” said Secretary Ray LaHood. “With the help of the experts, policymakers, and safety advocates we’ve assembled here, we are going to do everything we can to put an end to distracted driving and save lives.”

The U.S. Department of Transportation is also working with Network of Employers for Traffic Safety (NETS) to encourage private sector companies to promote anti distracted-driving policies in the workplace. Thus far, some 1,600 U.S. companies and organizations have adopted such policies, impacting 10.5 million U.S. workers. Another 550 organizations have adopted policies that will take effect within the next year.

“I am thrilled that businesses across the country are making anti-distracted driving policies an integral part of their employee culture,” said Secretary LaHood. “President Obama led by example last year by banning four million federal workers from texting behind the wheel. Employers across America are doing the same to help us set an example and keep our roads safe.”

Our Fort Myers child injury lawyers encourage parents to participate in Child Passenger Safety Week (Sept. 19 to 25) by talking to your kids about dangers around vehicles and having your booster and safety seats checked on National Seat Check Saturday, Sept. 25.

A list of child safety seat check locations in Fort Myers, Cape Coral and throughout South Florida is available here.

The Centers for Disease Control and Prevention reports that car accidents remain the leading cause of death for young children ages 3 to 14. The National Highway Traffic Safety Administration reports 1,347 children were killed in car accidents in 2008 and 193,000 were injured. Florida car accidents killed 73 children that year.

In selecting a child safety or booster seat, it is also important to consider the fit of the seat and your vehicle. Child products have the highest incidents of reported defects; poorly designed seats may result in a defective products claim in Southwest Florida. The Insurance Institute for Highway Safety recently rated 72 booster seats, giving 21 of them a "Best Bet" rating and not recommending the purchase of eight others. A complete list of child booster seat ratings is available here.

"For the first time top-rated boosters outnumber ones the Institute doesn't recommend," says Anne McCartt, Institute senior vice president for research. "Now more than ever manufacturers are paying attention to belt fit, and it's showing up in our ratings."

The National Highway Traffic Safety Administration is also highlighting other dangers during Child Passenger Safety Week, including the risk of children being left in hot cars, backover injuries, power window injuries, vehicle rollaways and trunk entrapment injuries.

Florida and Texas lead the nation in the number of children killed by heatstroke as a result of being left in a hot car, according to San Francisco State University. So far this year, 45 children have died nationwide, far exceeding the 33 kids who died during all of last year. Fifty children have died in Florida during the last decade as a result of being left in a hot car.

Children and Hot Cars

-Never leave a child alone in a car.
-Teach children that a vehicle is not a play area.
-Do things to remind yourself there is a child in the vehicle.
-Always lock the doors and trunks on unattended vehicles.

You can find additional information on the dangers of children in hot cars here.

In announcing the fewest traffic deaths since 1950, the National Highway Traffic Safety Administration cited drunk driving accidents, motorcycle accidents and pedestrian accidents as areas where continued improvement is needed.

Drunk Driving Accidents
Alcohol is still involved in approximately one-third of all fatal accidents nationwide. Last year, 10,839 drunk driving deaths were reported, compared to the 11,711 deaths in 2008. Florida drunk driving accidents caused 770 traffic fatalities last year, compared to 887 in 2008.

"Drunk driving is a local problem, and the numbers we are releasing today show continued progress but also reveal how much more still needs to be done all over America," NHTSA Administrator David Strickland said.

Florida joined 33 states and Puerto Rico with decreases in the number of alcohol deaths, however the remaining states reported an increase.

"We will not be satisfied until innocent, decent, law-abiding people are safe from tragic injuries and loss of their loved ones because someone makes the irresponsible choice to drive while impaired," Strickland said.

We could not agree more. That's why each and every member of our staff remains committed to fighting for the rights of drunk driving accident victims in Fort Myers and throughout South Florida. Whether it's through our work with the Lee County Sheriff's Office and Mobile Eyes, or the local chapter of Mothers Against Drunk Driving, we remain committed to taking a proactive stand against drunk drivers and the devastation they too often cause.

Motorcycle Accidents

The news was also good when it comes to fatal motorcycle accidents -- a report of 850 fewer motorcycle fatalities led to a 16 percent decline in fatalities, the largest reported decline of any accident category. Still, 4,462 riders died in motorcycle accidents and 90,000 others were injured.

"We are encouraged by the decline in overall motorcycle deaths," Strickland said. "(But) there are still too many riders dying on the road."

The Florida Department of Highway Safety and Motor Vehicles reported earlier this summer that fatal Florida motorcycle accidents declined last year to 376, from the 502 reported in 2008. Our motorcycle accident lawyers in Cape Coral and Fort Myers have spent decades fighting for the rights of injured riders throughout South Florida.

Pedestrian Accidents

After passenger vehicle and motorcycle accidents, pedestrian accidents were responsible for the most serious and fatal injuries. A total of 4,092 people were killed and 59,000 were injured in pedestrian accidents last year.

"We are increasing our focus on pedestrian safety... and hope our demonstration safety projects will help us continue to push the numbers down in this area," said Strickland.

Florida was second only to California for in the number of fatal pedestrian accidents reported in 2008; state-by-state statistics for last year have not yet been released.

Florida posted the largest decline in the number of fatal car accidents of any state in the nation last year, according to new information just released by the National Highway Traffic Safety Administration.

Nationwide, fatal accidents declined to a level not seen since 1950, lead by Florida, which reported 422 fewer fatalities, and Texas, which logged 405 fewer deaths on the road in 2009. In all, 33,808 people were killed in traffic accidents last year, compared to 37,423 in 2008.

Last week we reported on our Florida Injury Lawyer Blog that the area ranked 33rd safest in a list of 200 cities. But Fort Myers car accidents and car accidents elsewhere in Florida put the Sunshine State among the nation's most dangerous overall.

Fatal Florida car accidents declined to 2,558 from the 2,980 reported in 2008. However, only California (3,081) and Texas (3,071) recorded more traffic fatalities.

“Today’s announcement shows that America’s roads are the safest they’ve ever been," Transportation Secretary Ray LaHood said. "But they must be safer. And we will not rest until they are.”

The number of motorists injured in accidents also declined for the 10th year in a row, from 2.346 million in 2009 to 2.217 million last year.

However, advocates acknowledged there is still much work to be done.

"We are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving," NHTSA Administrator David Strickland said. "We will continue to work with our state partners to strictly enforce both seat belt use and anti-drunk driving laws across this nation, every day and every night."

The Centers for Disease Control and Prevention reports that car accidents remain the leading cause of death for people ages 3 to 34.

Continue reading "Florida leads nation in reduction in fatal car accidents -- remains among three deadliest states in 2009" »

Drivers in Cape Coral can expect to be involved in an accident about once a decade, according to a listing of safe driving cities published by Allstate Insurance --ranking the city 33rd among 200 cities with a population of over 100,000.

Fort Myers was not large enough to make the list. The insurance giant reported that Cape Coral car accidents were about 8 percent less likely to occur than the national average. We encourage motorists to be prepared; take a moment to read our tips about "What to do in the event of an accident." The aftermath of an accident can be a confusing time. By printing out these tips and putting them in your glove compartment, you will be assured of having the information when you need it.

The safest city in America was Fort Collins, Colorado, where motorists went 14.5 years between crashes. Motorists in Washington, D.C. ranked dead last, with an accident every 5.1 years.

Nationwide, about 34,000 motorists are killed in accidents each year, according to the National Highway Traffic Safety Administration. Last year, 2,563 people lost their lives in Florida car accidents, making it the deadliest state in the nation after Texas and California.

"Human error is the biggest cause of accidents. It is vital for us to educate drivers across the country on the importance of being tolerant and attentive behind the wheel," said Allstate's Mike Roche.

Port St. Lucie was the safest city in Florida with a crash interval of 10.9 years. Hialeah was the most dangerous, with a motorist reporting an accident every 7.2 years on average. Jacksonville was the safest large city, while Miami was the most dangerous.

Other Florida Cities on the list are:

30) Port St. Lucie (8.4 percent less likely to crash than national average)
69) Jacksonville (.8 percent more likely to crash)
80) St. Petersburg (2.6 more likely to crash)
84) Tallahassee (3 percent more likely to crash)
(123) Fort Lauderdale (14 percent more likely to crash)
(145) Orlando (21.4 percent more likely to crash)
(147) Hollywood (23.1 percent more likely to crash)
(154) Tampa (26 percent more likely to crash)
(171) Miami (34.2 percent more likely to crash)
(180) Hialeah (29.3 percent more likely to crash)

Tips for avoiding an accident include:

-Minimize Distractions

-Be aware of road conditions

-Maintain a safe distance between cars

-Avoid road rage or aggressive driving tactics

-Properly maintain your vehicle

A high-tech device being tested by a defense contractor in Massachusetts has the potential to virtually eliminate drunk driving accidents in Fort Myers and throughout the nation.

It is a revolutionary possibility and one that our Fort Myers accident attorneys hope will ultimately bring an end to the senseless tragedies too often caused by drunk drivers.

The Boston Globe reports the technology would test the blood-alcohol level of a driver with the push of a button, and prevent cars from starting if alcohol is detected. If made standard equipment in all new vehicles, the federal government estimates as many as 9,000 of the nation's 11,000 drunk driving deaths could be prevented each year. Only the 15,000 lives saved by seat belts could claim a bigger impact on traffic safety.

A more rudimentary technology is already in use today in the form of ignition interlock devices, which can be required of those convicted of drunk driving. The machines require a breath test before permitting a car to start.

The new technology is being developed with the assistance of the National Highway Traffic Safety Administration as part of a $10 million study. The disclosure comes after criticism of the government's recent traffic safety efforts and the revelation that 8 percent of motorists -- or some 17 million Americans -- admitted to driving drunk last year.

As we reported last week on our Florida Injury Lawyer Blog the insurance industry has pushed for such technology to be mandated in new automobiles and has criticized the U.S. Department of Transportation for not doing enough to force automakers to comply.

Mothers Against Drunk Driving said drunk driving fatalities have declined by 44 percent in the 30 years of the organization's existence. But the organization is renewing its fight through advocacy for such new technologies, as well as the use of ignition interlock devices, sobriety checkpoints and other enforcement efforts.

“We must continue our work to make American families safe from the dangers of drunk driving and underage drinking," said MADD President Laura Dean-Mooney. "Lives are at stake.”

Continue reading "New technology could someday eliminate the threat of drunk driving accidents in Fort Myers and across the country" »

When it comes to auto insurance in Florida, "full coverage" can mean "mandatory minimum" coverage, which can mean "virtually no coverage."

Our personal injury lawyers and wrongful death attorneys in Fort Myers and Cape Coral urge you to take the time to determine exactly what your auto insurance policy covers in the event of a car accident. Too often -- usually, in fact -- the minimum coverage is woefully inadequate. And the increasing popularity of online insurance sites has cut the agent out of the mix and eliminated the often critical advice of an insurance professional.

In other cases, uninsured or underinsured motorist protection is not selected by default on many online insurance quotes. And at least one state -- Massachusetts -- has accused an online insurance provider of including sky-high deductibles and eliminating emergency medical coverage for motorists who indicate they have health insurance.

Uninsured/Underinsured motorist coverage will pay for things like pain and suffering, loss of enjoyment of life and loss of earnings capacity in the event that you suffer a permanent injury as a result of an accident -- whether or not the other driver has insurance. In other words, it covers you. From an insurance perspective, it is critical coverage.

Orlando Now recently reported that even agents often use the term "full coverage" to mean the minimum coverage required by law, which in Florida is just $10,000 in Personal Injury Protection (PIP) to pay for lost wages and medical benefits. Frequently, such coverage will not even pay for the cost of an emergency room visit.

In 2008, WFTV Orlando's Channel 9 reported the cost of a flight in a medical helicopter averaged $10,800. In short, electing the minimum coverage might save you $100-$200 a year and could leave you virtually uninsured in the event of a serious or fatal accident.

Comprehensive and collision coverage is another problem area, though not nearly as significant as PIP. Frequently, the minimum coverage will not come close to replacing a new vehicle. Unless you want to be the proud owner of a totaled Mercedes -- and the $50,000 to $100,000 bill that goes with it -- take the time to determine realistic coverage limits and insure the financial well-being of you and your family.

Lastly, Florida does not require motorists to carry Bodily Injury Insurance. This means you may not be protected in the event that you are injured by a fellow motorist.

Your coverage should include Personal Injury Protection (PIP), Bodily Injury (BI) and Uninsured/Underinsured Motorist Coverage in amounts significant enough to protect you from financial ruin in the event of a serious accident. That is what insurance is for, after all. And the difference between a $10,000 policy and a $200,000 policy is often little more than a few bucks a month.

Whether you and your loved ones will be fishing, boating, drinking or driving, the Fort Myers accident lawyers at Associates and Bruce L Scheiner, Attorneys for the Injured, encourage everyone to celebrate responsibly and enjoy the long Labor Day weekend.

Twenty-three motorists were killed in accidents over the Labor Day weekend last year, according to the Florida Department of Highway Safety and Motor Vehicles. In 13 of those cases, drunk driver's were responsible. Please do your part to drive safely and avoid a Fort Myers car accident this weekend.

As we reported on our Florida Injury Lawyer Blog, local law enforcement will be out in force throughout the Labor Day weekend as part of the state's "Over the Limit. Under Arrest" campaign. Nationwide, law enforcement in all 50 states will be participating. The campaign runs through Labor Day weekend and includes $13 million in public service announcements on television and radio.

“Drunk driving is deadly, it’s against the law, and unfortunately, it’s still a problem,” said U.S. Department of Transportation Secretary Ray LaHood. “With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior.”

Nationwide, someone dies in a drunk driving accident every 45 minutes, according to the National Highway Traffic Safety Administration. During a holiday weekend, motorists are at an even greater risk.

Florida Holiday Traffic Fatalities in 2009:

New Year: 34
Memorial Day: 22
Fourth of July: 30
Labor Day: 23
Thanksgiving: 36
Christmas: 28

The National Safety Council reports approximately 54 motorists will be injured for every fatality victim, meaning more than 1,200 Florida motorists will be seriously injured this weekend.

Boating Safety:

Traditionally, Labor Day is also the last big boating weekend of summer. The Florida Fish and Wildlife Conservation Commission reports that Naples boating accidents made Collier County the sixth-most dangerous area in the state in 2009, with 35 boating accidents reported.

Fort Myers boating accidents ranked Lee County seventh most-dangerous. It also reported 35 accidents last year. Operator inattention, no proper lookout, reckless operation and excessive speed were the top causes.

Many boating accidents are also alcohol related. Last year, 65 people were killed in more than 600 reported boating accidents in Florida.

Continue reading "Fort Myers accident lawyers wish you a safe and enjoyable Labor Day weekend" »

The federal government has been sidetracked by the issues of distracted driving and vehicle defects and is not doing nearly enough to force automakers to incorporate new safety technologies, according to the Insurance Institute for Highway Safety.

Our Fort Myers car accident lawyers frequently report on steps being taken by the federal government to reduce the dangers associated with text messaging and cell phone use by drivers. Florida is one of the few states in the nation that has not passed a law aimed at reducing the threat. Recently, we reported on our Florida Injury Lawyer Blog, that the winner of a teen-driver-safety campaign would see their public service announcement played at a nationwide distracted driving summit planned for later this month in Washington, D.C.

Now the IIHS, a respected safety and advocacy organization that is funded by the insurance industry, claims the federal government needs to get its priorities straight. "There's nothing rational about the way we set highway safety priorities," wrote Institute President Adrian Lund in the agency's Status Report. "You'd think from the media coverage, congressional hearings, and the U.S. Department of Transportation's focus in recent months that separating drivers from their phones would all but solve the public-health problem of crash deaths and injuries -- It won't."

The National Highway Traffic Safety Administration reports about 34,000 traffic fatalities occur each year in the United States. It reports about 6,000 people are killed and 500,000 are injured each year in accidents caused by distracted driving.

With car accidents being the number one cause of accidental death in the United States, the Insurance Institute says more emphasis should be placed on pushing the auto industry to adopt available crash-prevention technologies.

Naturally, the U.S. Department of Transportation vigorously rejects the Institute's assessment of its priorities, according to a response published in the target=”_blank”Wall Street Journal.

"Safety is the Department of Transportation's number one priority, which is why we are aggressively and urgently tackling a number of risks to drivers' safety. We are going to continue taking drunk drivers off the road, getting people to put down their phones and other distractions, making sure cars and trucks are safe to drive, and doing whatever else is necessary to keep Americans safe behind the wheel," a DOT spokeswoman said in a statement.

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.