Florida Injury Lawyer Blog

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" »

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" »

A Cape Coral drunk driving accident landed a man an 11 year prison sentence, according to the Cape Coral Daily Breeze. The accident happened back in 2009 and killed one of his passengers. Authorities say the drunk driver sped down Santa Barbara, lost control of his vehicle, over corrected, spun out, drove through someone's front yard, hit a building and flipped. Through this high speed chaos, the passenger in the vehicle was ejected and ended up underneath the vehicle. The passenger was taken to Lee Memorial Hospital where he was later pronounced dead.

Our Cape Coral drunk driving accident attorneys understand that the driver tested for a blood alcohol concentration (BAC) of 0.238 and 0.240. In the state of Florida, a driver is considered drunk with a BAC of 0.08 or higher. Here at Associates and Bruce Scheiner, we deal with too many of these kinds of horrific cases. We unfortunately see an increase in these cases during the holidays. That's why we support Mothers Against Drunk Driving and the efforts of local law enforcement at sobriety checkpoints. As the holiday season approach, our message to you is please don't drink and drive!

The drunk driver pleaded no contest to charges of DUI damage to person or property and to DUI manslaughter back in March for the death of his passenger. According to a spokeswoman for the State Attorney's Office, the man received 131.7 months behind bars and another 78 days in jail for both of the counts. The sentences run concurrently. The man's driver's license has also been revoked for life.

In Florida, there were nearly 800 fatal accidents in 2008 that involved a driver who was legally drunk. More than 1,000 people were killed in the state during 2008 because of alcohol-related accidents.

In 2009, alcohol-related accidents accounted for nearly 40 percent of all fatal accidents in the state of Florida. During that year, there were nearly 800 people killed in these accidents. Nearly 100 of these fatalities killed those under the age of 21.

Statistics show that three in every 10 Americans will be involved in an alcohol-related accident at some point in their lives. In 2009, someone died every 48 minutes because of these types of accidents. Across the U.S. nearly 11,000 people were killed because an intoxicated person got behind the wheel of a motor vehicle. Nearly 70 percent of these accidents happened from midnight to 3:00 a.m.

Thanksgiving, Christmas and New Year's are holidays that increase the risks for these accidents. As a matter of fact, there were nearly 500 people on U.S. roadways on New Year's Day who died in 2009. Forty percent of these accidents were alcohol-related. Drivers age 21- to 24-years-old are most likely to be involved in one of these accidents.

The average BAC level among drunk drivers involved in fatal accidents in 2009 was 0.17, which is more than twice the legal limit.

Continue reading "Cape Coral Drunk Driving Accident a Tragic Reminder of Risks" »

In the news recently is the pending sentence that will be handed to a civic leader and former attorney after pleading guilty to a drunk-driving accident that killed a 61-year-old motorcyclist in October 2009.

13 News reports a tape was played during the sentencing hearing that voiced the drunk driver admitting to a state trooper that he drank half a bottle of vodka during a Florida Gators football game before driving home. The former defense attorney turned himself, but the prosecution is requesting the driver spend 12.5 years in prison. Supporters stood in front of the judge professing the good deeds that the defendant has done in the community and his many charitable contributions to help others in hopes of reducing the sentence.

Sebring drunk driving accident attorneys know that no amount of money or donations can equate to the value of taking a person's life. Drunk drivers must get a fair trial and if guilty be punished to the full extent of the law, even when they are in the public eye.

The Florida Department of Highway Safety and Motor Vehicles recently released the 2010 traffic crash statistics. Based on the report, deaths from car accidents in Fort Myers and throughout Florida continue to be of epic proportions, especially when it comes to drunk driving taking the life of innocent victims.

According to the report, there were 17,748 alcohol-related crashes in 2010, roughly 11 percent fewer than 2009. The 2010 statistic equates to approximately 341 drunk-driving accidents a week in Florida alone. Of the 2,444 fatalities on Florida roadways in 2010, 794 deaths were alcohol-related. The percentage of Florida's alcohol-related deaths is right around the national average, which falls at 32 percent of all traffic fatalities. In 2010, there were 7,825 drunk driving injury crashes that resulted in more than 12,000 injuries requiring medical attention. In essence, roughly 1,000 people were injured every month from an alcohol-related accident.

The 2010 report indicated that elderly drivers are less prone to be involved in a fatal drunk driving accident compared to younger drivers. In fact, the highest fatal crash rate per 10,000 licensed drivers for the 70 to 90-year-old age group was .15. The highest drunk driver fatal crash rate per 10,000 licensed drivers for drivers age 15 to 29 was .92.

Not only are motorists at risk of an alcohol-related accident but pedestrians and bicyclist also pose a risk of being involved in an accident while under the influence. In 2010, there were 788 pedestrians involved in an accident after drinking. That's 9.43 percent of all pedestrian accidents. Similarly, 321 bicyclist accidents were caused by drinking, which is 6.43 percent of the total bicycle accidents.

Labor Day and Thanksgiving proved to be the two most fatal alcohol-related traveling holidays in Florida for 2010. These two holidays each reported a total of 15 alcohol-related deaths on Florida roadways.

Collier County reported 258 alcohol-related crashes in 2010, which is the lowest total over a five-year trend from 2006 to 2010. Lee County reported 521 alcohol-related crashes, which was almost 100 fewer than the 617 reported in 2009.

The only way to minimize the risk of drunk-driving accidents is to take a personal oath not to drink and drive. The defense attorney in this case could have continued to do good for the community but instead will face the consequences of a poor decision to get behind the wheel after drinking much of the day.

Contact Associates and Bruce L. Scheiner, Attorneys for the Injured, if you or a loved one has been involved in a drunk-driving accident in Cape Coral, Sebring, Naples, Fort Myers or the surrounding areas. For experienced advice about your rights, call 1-800-283-2900 for a free case evaluation.

Additional Resources:

Civic leader Bruce Duncan's sentence coming at end of September, by Heather Sorentrue, 13 News.

More Blog Entries:

Man Sentenced to 15 Years after North Fort Myers Drunk Driving Accident Kills 2 Nuns, Florida Injury Lawyer Blog, August 20,2011.

San Carolos Drunk Driving Accident Lands 24-Year Old behind Bars, Florida Injury Lawyer Blog, July 21, 2011.

A local man was recently sentenced to 15 years behind bars after a drunk driving accident in North Fort Myers that killed two nuns and injured a third, according to the North Fort Myers Neighbor. The man struck a plea agreement with a guilty plea on two counts of DUI manslaughter and DUI unlawful blood alcohol .15 or higher, says the State Attorney's Office.

After he serves his 15 years in jail, he's to be placed on state probation for another 15 years. If he violates probation, he could be put on probation for an additional 15 years. The man could have faced up to 24 years in jail if he handn't taken the deal.

"During his 15 years of probation, he can have no alcohol, must undergo random alcohol screenings and must give one lecture a year at a church or school about the dangers of alcohol abuse," said State Attorney's Office spokeswoman Samantha Syoen.

Our Naples drunk driving accident attorneys understand how devastating an accident like this can be. Drunk drivers throw their consideration for other people's lives out the window when they get behind the wheel. Drivers like this all too often cause serious or fatal injuries.

The North Fort Myers man caused this accident back in September of 2009. He was turning onto Gran Via drive from U.S. 41 when he drove in front of the car transporting the three nuns. The vehicle's collided. The driver was later tested for alcohol and returned a .228 reading.

One of the nuns dies on scene. The other two were taken to Lee Memorial Hospital where a second was later pronounced dead. The third was treated for her injuries and released.

In 2009, Florida lost more than 2,500 lives because of traffic accidents. More than 900 of those fatalities were the result of traffic accidents that involved at least one intoxicated driver.

Florida state law requires the following for a DUI first conviction:

-A fine of anywhere from $250 to $500.

-You can get up to 50 hours of community service.

-Probation, but not for more than a year.

-Jail time, but no more than for 6 months.

-License revocation for a minimum of 180 days.

-Completion of 12 hours of DUI School.

-Imprisonment, of no more than 9 months, with a blood alcohol level of .08 or higher with a minor in the vehicle.

When this is all said and done, the average cost of a DUI conviction in Florida is as much as $20,000. That's when you factor in all of the various fees, fines, defense costs and insurance increases.

And it doesn't end there, a DUI conviction will stay on your Florida driving record for years. This is all best-case scenario because like the North Fort Myers man, you could spend quite a bit of time behind bar if you injure someone while intoxicated behind the wheel.

Continue reading "Man Sentenced to 15 Years after North Fort Myers Drunk Driving Accident Kills 2 Nuns" »

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" »

The National Transportation Safety Board has placed motorcyclists on its "most wanted" list. This is a list that aims to raise awareness about the dangers that these drivers face and to encourage safer driving habits by all to better protect them.

The yearly number of motorcyclist deaths has doubled from 2,116 in 1997 to 4,462 in 2009. It is estimated that 12 motorcyclists are killed on our roadways every day. Even though these two-wheeled motorists only make up about 3 percent of the number of vehicles in our country, they account for nearly 15 percent of all highway fatalities. Florida, California and Texas lead the nation in the number of serious and fatal motorcycle accidents recorded each year.

FARS (Fatality Analysis Reporting System) reports the following trends in fatal motorcycle accidents:

-A majority of motorcycle accidents occur on rural roads.

-Roughly half of these fatalities are related to negotiating a curve prior to the accident.

-A majority of motorcycle fatalities happen on undivided roadways.

-Roughly 60 percent of motorcyclist fatalities occur at night.

-Collision with a fixed object is a significant factor.

-Head injury is the number one cause of death in motorcycle crashes.

Motorists can make all the difference in the safety of a motorcyclist on our roadways. With safe, alert and cautious driving habits, passenger-vehicle drivers can accommodate these drivers and help to save lives.

Tips for motorists to share the road more effectively and safely with motorcyclists, according to the Motorcycle Safety Foundation:

-Be sure that you make it a point to look for motorcycles when entering an intersection.

-Motorcycles may look farther away than they actually are. This is because of their small size. For this reason, it can also be difficult to judge their speed. Always predict that a motorcycle is closer than it appears.

-Check you blind spots. Again, because of their small size, motorcycles can easily become lost in your blind spots. Make sure you always check, and double check, your blind spots before making a move in traffic.

-Remember that motorcyclists oftentimes slow their vehicle by downshifting instead of using the brakes. Downshifting doesn't activate a brake light. Follow with caution and allow them plenty of room.

-Motorcycles oftentimes have a difficult time stopping on wet and slippery pavement. Again, do not follow too closely.

-Turn signals on motorcycles are not always self-canceling. Make sure that a motorcyclist's signal is for real when traveling near them.

-Always think of a motorcyclist on our roadway as an actual person, not just as a motorcycle.

Continue reading "NTSB's Most Wanted List includes Motorcycle Accidents in Cape Coral, elsewhere" »

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" »

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" »

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 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" »

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 " »

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" »

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 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 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" »

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" »

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.

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.

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.

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" »

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" »

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.

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

Twenty-six months after causing a horrific DUI crash that claimed the life of a young Army soldier, Ashley East stood before Lee County Circuit Court Judge Thomas S. Reese for her sentencing on February 15th. The Judge allowed friends and family from both the prosecution and defense sides of the case to step up and offer testimony about Army Staff Sgt. Danny Beougher, his wife, Lauren, and East, the defendant. While the judge listened patiently, sobs from family members on each side of the case could be heard throughout the courtroom.

Sgt. Beougher was killed Dec. 8, 2007 on Hancock Bridge Parkway in North Fort Myers, while home on leave. His wife, Lauren Beougher, was critically injured when authorities allege a truck driven by East, 26, crossed the median and slammed into the Beougher’s Jeep Cherokee as they headed home for the holidays. Their car was filled with Christmas presents for their family.

Judge Reese noted that he “almost found it incredible” as he referred to comments made by East following the crash. East had stated that “she was only doing what everybody else does” when she made the decision to drive drunk that night. He said in his pre-sentencing statement that while East had testified that “she felt she was a victim of society and the media”, and she expressed “sincere regret for the accident she caused,” he felt the incident should not be categorized as an accident at all. Reese admonished East by saying her actions “killed a person, and almost killed someone else”, and “she alone was the person responsible for causing the crash.”

The Judge and the prosecution, personal injury lawyers from Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., also pointed out that East had previously been convicted of 7 counts of driving on a suspended license, and that her history of past discretions were those of a criminal, not merely a person who made a single error in judgment. East did not possess a valid Florida driver’s license at the time of the crash. Judge Reese imposed a sentence of 25 years in prison for the crime of DUI manslaughter, and individual sentences for leaving the scene of an accident with bodily injury and driving without a license. The sentences will run concurrently. East will also spend 5 years on drug offender probation upon completion of her sentence, with mandatory drug and alcohol testing, addiction counseling and rehabilitation. When East completes her sentence, she will never be allowed to have a Florida driver’s license for the rest of her life. East and her family and friends testified that “she was a good person”, and at the end of the sentencing she asked Judge Reese if she could hug her family before being remanded to state custody. The Judge denied her request.

“This case is a startling example of the serious consequences of drunk driving, and a reminder that driving while under the influence of drugs or alcohol can result in tragedy, forever altering the lives of everyone involved,” says Bruce Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. “We urge you to think of Sgt. Beougher and his widow and family the next time you are considering drinking and driving.”

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

If you or a loved one has been injured or killed due to the negligence of a drunk driver, contact our firm at 1.800.DialBLS or visit www.focusedonjustice.com

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

Mothers Against Drunk Driving, (MADD), and Florida personal injury lawyers are urging people to take action in support of a proposed bill intended to reduce the number of drunk drivers on Florida roads.

The lifesaving bill requires ignition interlocks for all first time convicted drunk drivers—even though first time offenders are not really “first time”, as people typically drive drunk 87 times before being arrested. Ignition interlocks for all first time convicted drunk drivers are proven to reduce DUI repetitiveness, decrease drunk driving deaths and prevent injuries. Currently, 12 states have this lifesaving law in place.

Senator Stephen R. Wise, (R-Jacksonville) introduced SB 924, which would require that an ignition interlock device be used for a specified period after a first conviction of driving under the influence of alcohol. It requires a court to order a person who is convicted of driving under the influence not to operate a motor vehicle for a specified period unless that vehicle is equipped with a functioning ignition interlock device.

Attorney P.J. Scheiner, of the Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. firm, notes that they have a long history of supporting MADD and their efforts to rid the roads of drunk drivers, and urges everyone to ask their Senator to show their support of the proposed legislation by serving as a co-sponsor. “The facts don’t lie – in 2008, 875 people were killed in drunk driving crashes in Florida, and statewide there are 108,853 people with 3 or more DUI convictions, and 13,540 have five or more DUI convictions”.

To ask your Senator to become a co-sponsor of SB 924, click here. If you have been injured due to the negligence of a drunk driver, Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., will aggressively defend your legal rights, and fight for justice to ensure you receive the financial compensation you deserve. And, you pay nothing unless we win. For a free no-obligation consultation, call 1-800-Dial-BLS, or log onto www.focusedonjustice.com.

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

With the Holiday season upon us, you can expect to encounter more drunk and impaired drivers on area roadways, according to Mothers Against Drunk Driving, (MADD). Their statistics show that this time of year is the most deadly when it comes to alcohol-related crashes, estimating that more than 1,000 people will die in drunk driving accidents between Thanksgiving and New Year’s. The figures point to the increase in special social events and parties, and the increase in the consumption of alcohol, as factors. MADD points out the irony of these facts, in that drinking and driving is one of the most easily preventable catastrophes, noting that drivers simply need to make the choice to not drink and get behind the wheel of their car.

MADD has been advocating against the dangers of drunk driving since 1986, and undertakes many programs and services in their efforts to warn the public of the dangers involved. One of their more successful campaigns may seem simplistic in theory, but yet it has proven to be extremely effective in reducing the number of drunk drivers on the road. The “Designate A Driver Program” is designed to encourage Holiday partygoers to select one member of their group to remain sober when attending any party where alcohol will be served. This eliminates the question about who will be driving or how other members of the group will be getting home. Of course, this planning ahead is not applicable to just attending the office Christmas party, but should be utilized year-‘round.

Since 1981, every President of the United States has demonstrated his commitment to preventing impaired driving by proclaiming December as National Drunk and Drugged Driving (3D) Prevention Month. The National Highway traffic Safety Administration, (NHTSA), reminds you that their primary message during the December holiday season is Friends Don’t Let Friends Drive Drunk - Designate a Sober Driver. They provide the tips below to help make sure you arrive home safely, and do not become a Holiday fatality statistic:

• Don’t even think about getting behind the wheel of your vehicle if you’ve been out drinking

• If you are impaired, call a taxi – use mass transit – or get a sober friend or family
member to come and get you

• Or just stay where you are and sleep it off until you are sober

• Remember – Friends Don’t Let Friends Drive Drunk. Take the keys and never let a friend leave your sight if you think they are about to drive while impaired
• If you are hosting a party this holiday season, remind your guests to plan ahead and designate their sober driver, always offer alcohol-free beverages and plenty to eat during the event, and make sure all of your guests leave with a sober driver

The NHTSA also says that Thanksgiving is the most dangerous holiday of the year for drivers, whereas most people assume it would New Year’s Eve. Thanksgiving is the day when heavy traffic, drinking and long-distance car trips combine to create fatal travel conditions. Another factor is the current high cost of air travel, resulting in more Holiday travelers opting to drive to family gatherings rather than fly.

The local law firm of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., has long been a supporter of MADD, and in fact works aggressively with them and their cause, sponsoring their public service television commercials, donating office space to them and supporting their initiatives in a variety of ways. The firm also has developed a program in cooperation with the Lee County Sheriff’s Office and MADD called "Mobile Eyes" Against Drunk Driving. Any 9-1-1 caller reporting a drunk driver and acknowledging the "Mobile Eyes" program becomes eligible for a $100.00 reward if the impaired driver is stopped by law enforcement and arrested for DUI.

“People need to just stop and realize, particularly at this time of year, that simply making the decision to not get behind the wheel of a car after drinking can actually save lives, and make the Holidays safer for everyone on the road,” says the law firm’s founder AND senior attorney, Bruce L. Scheiner.

If you or a loved one has been the victim of a drunk driving crash, we want you to know that our expertise and nearly four decades of standing up for crash victim’s legal rights can be instrumental in making your life whole again. For more information about our services and our results, visit www.focusedonjustice.com, or call 1-800-DialBLS.

The entire family of lawyers and support staff in our 7 area offices wish all of you a joyous and safe Holiday Season.

The city of Cape Coral, Southwest Florida’s largest with a population of around 160,000, has experienced a rash of tragic accident fatalities in 2009. With the explosive growth the city has experienced in recent years comes the potential for deadly car and motorcycle crashes, some of which are caused by drivers who are found to be drunk or otherwise impaired while behind the wheel despite the serious consequences for DUI drivers.

On Tuesday, September 15th, motorcyclist Donald Erwin, 59, was riding his bike eastbound on Pine Island Road, nearing the Chiquita Boulevard intersection, when a vehicle driven by 62-year-old Virginia Murphy pulled into the bike’s path, according to police reports. Erwin attempted to stop, sliding into the front of Murphy’s car, and he was ejected. He was not wearing a helmet. Erwin was transported to Lee Memorial Hospital by helicopter, but died from his injuries. Cape Coral Police spokesperson Connie Barron says a criminal investigation is being conducted to determine if alcohol or drugs were a factor in the crash.

Just two days earlier, a car driven by 17-year-old Joshua A. Metcalf crashed into a pine tree after first drifting off Santa Barbara Boulevard and into the median. Metcalf over corrected and the car veered across the road at a high rate of speed and into a vacant lot on the right side of the road, where it struck the tree. Metcalf and his passenger, 16-year-old Zamantha Gordillo, were both pinned inside the vehicle, and had to be extricated by the Cape Coral Fire & Rescue workers on the scene. Metcalf was wearing his seatbelt, but his female passenger was not. Metcalf was flown to Lee Memorial Hospital’s Trauma Unit, and Gordillo was transported there by ambulance, and they were both reported to be in critical condition.

DUI Traffic Deaths A Major Problem
The Cape has watched its population grow in leaps and bounds, especially during the boom years from 2002 to 2005. Unfortunately, with growth comes traffic, and the possibility that someone driving on the city’s roads is impaired, and may cause a serious accident. The second half of 2009 has seen an alarming number of DUI crashes, and arrests resulting from those accidents.

Brenda Gellinger, the Director of the Lee County Chapter of MADD, (Mothers Against Drunk Driving), notes that the Cape Police Department has one of the highest number of DUI arrests for a city of its size in Florida. “MADD fully supports the efforts of the Cape Coral law enforcement community – their efforts are key to getting drunk drivers off the road, and preventing these horrendous accidents.” Although there are some Cape residents who feel the police are overly aggressive in their practices and procedures regarding drunk driving arrests, Gellinger points out that, “The DUI checkpoints and wolfpack operations conducted by the Cape Coral Police Department are important tools to educate people about how wrong it is to get behind the wheel after you’ve been drinking.”

Sadly, the numbers seem to prove she’s right. Cape Coral Police arrested Louis J. Trasatti IV on September 2, and charged him with DUI Manslaughter in the death of Martin D. Gasber, who was riding his bicycle on Pine Island Road when struck from behind by Trasatti on June 18th. Trasatti became the third person in just one week to be charged in a DUI accident. He also has been charged with DUI Property Damage and DUI Alcohol or Drugs.

On August 28th, Cape Police charged Patrina Gordon with DUI Alcohol or Drugs and DUI with Serious Bodily Injury involving a traffic crash that occurred on February 4th at the intersection of Pine Island Road and Santa Barbara Boulevard. Gordon was driving southbound on Santa Barbara and was struck by another vehicle traveling northbound after Gordon turned her truck into the northbound vehicle’s right of way. Two passengers in Gordon’s vehicle were injured, suffering a broken back and fractured pelvis. The presence of marijuana and the drug Xanax were found in Gordon’s blood sample.

On August 31st, Cape Police charged Sean Michael Frazee with allowing an unauthorized person to operate a motor vehicle involving a traffic crash. Frazee was the owner of a motorcycle that he permitted Nicholas Thomas Trunck to drive in the alleyway behind a local pool hall on January 31st. Trunck did not have a motorcycle endorsement, and was impaired by marijuana. Trunck lost control, struck a utility pole in the alleyway and was pronounced dead later that night at Lee Memorial Hospital. Frazee was issued a criminal citation.

“Florida personal injury lawyers are greatly concerned about the number of alcohol and drug related accidents occurring in Cape Coral”, says Attorney P.J. Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “DUI crashes are always an unnecessary occurrence, and when they cause death or serious injury, obviously the consequences are much more severe.” Scheiner says. “People need to learn the dangers of drinking and driving, and take responsibility for their actions. Keep in mind – We sue drunk drivers.”

Associates and Bruce L. Scheiner Personal Injury Lawyers has been focused on justice since 1971, fighting for the rights of those injured or killed by drunk drivers. With 7 area offices, including Cape Coral, the firm is dedicated to serving the needs of accident victims. Log on to www.focusedonjustice.com or call 1-800-DIAL-BLS.

Since 1971 Bruce L. Scheiner, the Founder and Senior Attorney, at Associates and Bruce L. Scheiner, Personal Injury Lawyers, has been disturbed by the tragedies caused by drunk drivers. He urges everyone to refrain from drinking and driving. He, his associates and his staff want to remind you that they sue drunk drivers. Labor Day weekend is a time when family and friends gather. Make it a “happy” occasion – not a “tragic” one.

As a reminder not to drink and drive, here is a summary of the drunk driving laws in Florida:

The State of Florida drunk driving laws prohibits driving any type of vehicle with a blood alcohol concentration (BAC) of .08 percent or above. The .08 percent BAC limit is the standard measurement used across the United States for the "impaired" driver. This limit is lower for drivers of commercial vehicles (.04%) and virtually non-existent for drivers under the age of 21 (.02%).

How many drinks does it take to reach the legal limit in Florida?
There really isn't a magic formula that can calculate exactly how much you can drink before you become legally impaired. It is safe to say that for every drink you take, your level of impairment increases. There have been studies that have shown that you blood alcohol concentration level goes up approximately .05 percent for each drink taken. In fact, it takes very little alcohol to become legally drunk.

The best answer is not to drink and drive. The State of Florida has strict laws for drunk driving. When you drink and drive in Florida, you risk your freedom, finances and your future.

One Drink is Considered:
1 Beer
1 Three Ounce Glass of Wine
1 Shot or 1 Ounce of Hard Liquor

If you or your loved one is injured, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers, P.A. Suing drunk drivers since 1971.

National law enforcement and Transportation Department officials released figures this month that show the number of women drivers arrested for driving drunk has increased dramatically over the last decade. From 1998 to 2007, the number of women drivers arrested for driving while under the influence increased by nearly 30%, according to the U.S. Department of Transportation. Each year, approximately 2,000 traffic fatalities involve women drivers.

The subject has recently been brought to attention after a tragic accident in Westchester County, New York, involving a female driver whose blood alcohol content was found to be 0.19 at the time of the crash, more than twice the legal limit of .08. The woman, who was killed in the crash along with her 2-year-old daughter, three young nieces and three men in the vehicle she smashed into, was also found to have smoked marijuana no more than an hour before the horrific crash.

Despite the new trend, drunken driving arrests remain dominated by men. In 1998, 676,911 men were arrested for being under the influence, compared with 626,371 arrests in 2007. More than 126,000 women were arrested for DUI in 1998, a number that increased to 162,493 in 2007.

Laura Dean-Mooney, president of Mothers Against Drunk Driving, said it was unclear why there has been an increase in the number of women arrested for impaired driving. "There's no hard data on that. What you're hearing more is that women are under more pressure, they're now perhaps the breadwinner because of the unemployment rate," she said. "We need to make sure women understand that if you're a drinking driver, you're just as likely as a male to hit or kill or injure someone or perhaps even kill yourself, as we saw in the horrible Taconic Parkway crash," she said. Statistics also show that women are more likely than men to have passengers including young children in the vehicle when arrested for DUI.

Transportation officials said the number of impaired women involved in a fatal crash increased in 10 states from 2007 to 2008. The states are: Ohio, New Hampshire, Montana, Nevada, Wyoming, West Virginia, Indiana, Washington State, Kansas and Tennessee. With the upcoming Labor Day holiday a time for a nationwide increased drunk driving enforcement campaigns, officials released the information in a concerted effort to curb drinking and driving over the long weekend. 11,000 police departments and law enforcement agencies across the country will be aggressively stepping up drunk driving enforcement through the Labor Day weekend.

"With the long Labor Day weekend approaching, our department will be continuing our aggressive enforcement of drunk driving laws", says Lee County Sheriff Mike Scott. "This is traditionally a period of increased offenses by both men and women, and it is our intention to make every effort to keep Lee County's roadways safe for all drivers." Over the Labor Day weekend last year almost half of the fatal crashes nationally involved a drunk driver.

Drunk driving is a serious problem in Southwest Florida and throughout the country. Associates and Bruce L. Scheiner Personal Injury Lawyers sue drunk drivers and are focused on justice for those who may have been seriously injured or killed in an alcohol-related accident. Call 1-800-DIAL-BLS to speak to one of our attorneys today, and learn how we can help you attain the compensation you deserve.

When it comes to being vigilant about reducing the number of drunk driving-related deaths and injuries, Associates and Bruce L. Scheiner Personal Injury Lawyers knows that actions speak louder than words.

With almost four decades of experience fighting for the legal rights of people victimized by drunk drivers, the family of attorneys and support staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers is painfully aware of the devastating effects of this serious crime. “Every day, we deal with the tragedy facing victims and their families, helping them put their lives back together after a drunk driver has turned their world upside down”, says Bruce Scheiner.

In addition to our aggressive representation of drunk driving crash victims, we are steadfast supporters of key organizations that are dedicated to reducing and eliminating the threat caused by drunk drivers on our roadways. Our firm is a key supporter of Mother’s Against Drunk Driving, (M.A.D.D.), in Southwest Florida, having worked closely with the Lee County Sheriff’s Office to restart a local chapter in 2008-09. Additionally, we found a donor for local office space and renovation of M.A.D.D.’s Cape Coral offices.

Supporting Law Enforcement’s Fight Against Drunk Driving
One of the most effective ways to reduce the number of impaired drivers on our streets and highways is through the help of all responsible motorists. One such program, called "Mobile Eyes Against Drunk Driving”, is a joint partnership between the Lee County Sheriff's Office, M.A.D.D. and Associates and Bruce L. Scheiner Personal Injury Lawyers. Any 9-1-1 caller reporting a suspected drunk driver and acknowledging the "Mobile Eyes" program becomes eligible for a $100.00 reward if the impaired driver is stopped, and the responding officer makes an arrest for DUI.

Other ways Associates and Bruce L. Scheiner Personal Injury Lawyers works to keep local drivers safe behind the wheel:

• Pays for more than 20 “Don’t Drink and Drive” billboards that are posted on main roads throughout Southwest Florida over the Christmas and New Year’s Holidays.

• Supports the efforts of local law enforcement by bringing catered meals to officers who are staffing weekend sobriety checkpoints throughout Southwest Florida.

• Works with the media and other advocacy groups to increase awareness of the tragedy endured by individual families, and the continuing carnage caused by drunk driving crashes.

Lee County Sheriff, Mike Scott says, “Mr. Scheiner has long been a valued ally in helping us alert the community about the dangers of drunk driving, and my office is pleased to partner with his firm’s efforts, and those of the local M.A.D.D. chapter.”

For more information, log onto the Sheriff’s Office website at www.sheriffleefl.org, or contact the Lee County Sheriff Department’s Traffic Unit at (239) 477-1000.

The efforts of Mothers Against Drunk Driving, (M.A.D.D.), among other factors, seem to be working in reducing the numbers of traffic fatalities caused by drunk drivers. According to National Department of Transportation, the number of overall traffic fatalities reported in 2008 hit their lowest level since 1961, with 37,261 deaths, and fatalities in the first three months of 2009 continue to decrease.

In Florida, however, the news is not so encouraging. According to a report from the DOT’s National Highway Traffic Safety Administration, http://www-nrd.nhtsa.dot.gov, published in June 2009, the number of overall traffic fatalities in the Sunshine State was 3,213 in 2007. Of those, 917, or 29%, were alcohol or impaired driver-related. For the year 2008, while the overall number was lower at 2,978, those caused by alcohol or impaired motorists remained at 29%, or 875 fatalities. As the numbers indicate, there is still much work to be done in eliminating drunk drivers from Florida’s roadways.

Personal injury lawyers have long supported organizations like M.A.D.D., and their grass roots efforts to keep responsible drivers safe behind the wheel. In Lee County, for example, Associates and Bruce L. Scheiner Personal Injury Lawyers worked closely with the Lee County Sheriff’s Office and M.A.D.D. personnel to re-establish a M.A.D.D. Chapter here, with Bruce and Cheryl Scheiner personally donating office space for the M.A.D.D. Cape Coral location. “There is nothing accidental about a DUI - it is a crime that can have significant, life altering consequences for the victims of a DUI crash,” says Donald Murray, M.A.D.D. Florida State Executive Director. “Death and serious bodily injury can destroy a family. While Mothers Against Drunk Driving does not and cannot endorse any particular law firm, we are very grateful to Bruce and Cheryl Scheiner for their history of supporting MADD in their community, and for serving the victims and survivors of DUI crashes.”

In their continuing effort to eliminate the chances of Florida drivers being involved in an accident caused by a drunk or impaired driver, M.A.D.D. offers some tips on what one should do if they think they see a drunk or impaired driver on the road:

WHAT TO DO:
Cell phone users should call *FHP. Others should call their local police agency or 911. Once connected with a law enforcement agency, provide them with the following information:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Florida injury lawyers is posting the Top 10 lethal driving mistakes, as compiled by MSN Autos, to remind motorists that safe driving habits are the best defense to prevent you or a loved one from being seriously injured or killed in a car accident or other traffic fatality.

Nationwide, 37,313 died in traffic crashes in 2008 -- more than 1,200 in Florida. Traffic accidents are the leading cause of death for young people ages 15 to 24.

Swerving: The No. 1 mistake drivers make is not staying in their own lane, running off the road, or drifting into another lane. According to the National Highway Traffic Safety Administration, more than 15,000 people were killed in crashes in 2007 as a result of a driver who didn't stay in the proper lane.

Driving Drowsy: The NHTSA estimates more than 1,400 people were killed in traffic crashes in 2007 as a result of driver fatigue. Visit www.drowsydriving.org for more information.

Drinking and Driving: Every 40 minutes someone dies in a drunk-driving accident. Young drivers ages 21 to 34 are responsible for well over half of alcohol-related fatalities. According to the NHTSA, 60 percent of drivers who died after dark in 2007 were legally drunk. Alcohol is also a factor in half of pedestrian traffic deaths -- both drivers and pedestrians are culprits.

Overcorrecting: More than 4 percent of automobile fatalities occur because of driver overcorrecting, particularly while behind the wheel of an SUV driving on the highway at high speeds.

Speeding: Speeding is the second-highest cause of death in fatal crashes, according to the NHTSA. Thirty percent of fatalities occur at 55 mph or above. The worst case scenario is speeding without a seat belt or motorcycle helmet. Fatality rates for speeding motorcyclists are shockingly high -- 36 percent of motorcycle fatalities were caused by speed in 2007.

Failure to Yield the Right of Way: For drivers over the age of 70, failure to yield is the top cause of crashes. The Insurance Institute for Highway Safety reports drivers over 80 simply fail to see the vehicle, while drivers 70 to 79 misjudge the time and distance. Failure to yield the right of way was the 5th leading cause of fatal crashes in 2007.

Erratic or Reckless Driving: More than 1,850 fatalities in 2007 were the result of reckless driving, including weaving, tailgating, exceeding the speed limit by more than 20 mph or doing more than 80 mph.

Running red lights: Three out of every four automobile accidents occur in cities -- the most common cause is hitting the gas when the light turns red.

Not Wearing a Seat Belt: Despite the fact that wearing a seat belt is far more prevalent than even a decade ago -- not to mention legally required -- one-third of traffic fatalities result from unbuckled occupants. Without a seat belt, car drivers and passengers put themselves at risk of being ejected and 76 percent of the time ejection results in death.

Inattentive Driving:
Eating, talking on a cell phone, text messaging and fumbling with the car stereo all result in inattentive driving, which was responsible for 4,704 deaths in 2007. Talking on the cell phone has become the number one bad habit, with an estimated 1 million drivers talking on the phone at any given time and an increasing number of states, including Florida, considering outlawing the practice.

Continue reading "Florida injury lawyers urge motorists to review Top 10 lethal driving mistakes to avoid fatal car accidents, serious injury" »

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

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

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

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

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

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

Some things parents and teachers should discuss with teens:

• Don't drink and never drink and drive


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


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


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


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


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


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


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

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

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

In Tampa this week, a drunk driver is accused of causing five drunk driving crashes within 30 minutes -- killing two women in a spree of crashes that only stopped after he flipped his gold Chevy Yukon.

Florida injury lawyers sue drunk drivers. This Florida drunk driving incident is another example of the reckless and tragic consequences caused by someone who climbs behind the wheel after drinking.

National and state statistics claim as many as one in three road fatalities involve alcohol.

The suspect was being held in jail without bond after being charged with two counts of DUI manslaughter, one count of vehicular homicide and one count of vehicular homicide leaving the scene.

Police claim the driver rear ended a semi in the middle of the afternoon on Monday and then got into four other crashes a few miles away -- plowing into two cars that left two women dead.

Continue reading "Florida drunk driver accused of causing two fatal drunk driving crashes" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The head of MADD nationally was even more outspoken.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for a complete list of intersections.

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

A 34-year-old Fort Myers man was sentenced to 15 years in prison and had his driver's license permanently revoked as a result of a horrific drunk driving crash that killed two children and left their mother and brother critically injured.

The wrongful death and personal injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, represent the family in their pending civil lawsuit for the injuries and wrongful death caused by the drunk driving crash.

. The Jan. 14, 2007 crash near Fort Myers Beach killed Jordy Martinez, 1, and Jesus Martinez, 6. Their older brother Juan, who was seated in the back seat with his siblings, and their mother, Maria Bustamante, were seriously injured.

George Butler III, pleaded no contest last month to all 12 charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury. Butler said he did not want to put the family through the pain of a trial and left his sentence up to Judge Margaret Steinbeck.

Butler was arrested after hitting several cars in the parking lot of a beach bar, before racing off the beach and colliding with the vehicle driven by Maria Bustamante.

Judge Steinbeck cited Butler's mental health issues, lack of a prior criminal record and his remorse as reasons she did not sentence him to the maximum of 30 years to life in prison in the criminal case.

The civil case remains pending. Filed by Associates and Bruce L. Scheiner, Personal Injury Lawyers, it seeks compensation for the devastated Bustamante family.

"The defendant killed two children and seriously injured another child and two adults," Steinbeck said. "The court finds a lengthy prison sentence to be appropriate to punish the defendant."

Steinbeck also ordered Butler to perform community service by working to prevent teenage drinking upon his release, where he will be subject to additional restrictions through probation and parole.

Continue reading "Fort Myers man sentenced to 15 years in prison for tragic drunk driving crash" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Testimony this week -- prompted by the defendant’s decision to plead to a dozen counts that could send him to prison for life – left even hardened courtroom veterans shaken as it laid bare the unfathomable consequences of a single tragic decision to drink and drive.

“This is probably the saddest case I have ever had,” Assistant State Attorney Marie Doerr said of the Jan. 14, 2007 crash near Fort Myers Beach that killed Jordy Martinez, 1, and Jesus Martinez, 6, while critically injuring their older brother, Juan Martinez and their mother Maria Bustamante. “There is no winner in this case. There is nothing to feel good about when we go home at the end of the day.”

George Butler, 34, pleaded no contest to 12 counts, including multiple counts of DUI manslaughter and DUI with serious bodily injury. He faces 30 years to life in prison unless Judge Margaret Steinbeck lowers the sentence at a hearing scheduled for Jan. 26 at 3:30 p.m.

“I am so sorry for what happened, Butler said. “If I could take it back, I would. I love kids.”

Defense attorney Sean O’Halloran said Butler pled to relieve the family from having to endure the anguish of a trial.

“It was because of the alcohol that he made the poor judgement,” Gellinger said, noting Butler hit several cars in the parking lot of the bar before racing off the beach. “He had numerous times where he could have stopped. He just kept going and it resulted in the death of two babies. There is no excuse.”

Assistant State Attorney Doerr said there is no way anyone can comprehend the anguish the family has endured.

“This is every parent’s worst nightmare,” Doerr said. “It’s actually beyond the nightmare – we have two dead children.”

Yet Maria Bustamante spoke to the judge with uncommon grace, saying she does not seek vengeance, only justice.

“We are all human beings. We the parents have been suffering and I know some other people have been suffering as well,” said Bustamante, acknowledging Butler’s parents. “I just want everything to be fair. I only request justice to be served.”

Associates and Bruce L. Scheiner, Personal Injury Lawyers, has again purchased dozens of holiday billboards urging motorists not to Drink and Drive this holiday season in an effort to reduce the number of drunk driving accidents throughout Southwest Florida.

"The holidays are a time people seem to drink more than other times of the year and we want to prevent the carnage on our roads," said Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury lawyers, which has been representing drunk driving victims throughout Southwest Florida since 1971.

Each year the firm purchases the boards in Cape Coral, Fort Myers, Naples, Port Charlotte, Arcadia, Sebring and Venice in an effort to help reduce the number of drunk driving accidents and holiday tragedies endured by drunk driving victims.

The statistics are sobering: The Fort Myers- Cape Coral area was recently named the deadliest area its size in the nation for teen drivers between Thanksgiving and New Year's. Thanksgiving ranks Florida's deadliest holiday for traffic accidents and is followed quickly by Christmas and New Year's, a 10-day stretch that is full of travel and celebration that too often leads to senseless tragedy.

"We want the public to be aware that drinking and driving is very dangerous and to use designated drivers and take other steps to ensure everyone has a safe holiday season," Scheiner said.

Continue reading "Accident attorneys spread holiday "Don't Drink and Drive" message throughout Southwest Florida" »

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

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

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

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

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

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

Drunk Drivers in Southwest Florida face an increasing array of penalties this holiday season as a full-scale law enforcement crackdown aims to prevent serious injury or death caused by drunk drivers.

“Mothers Against Drunk Driving is stepping up efforts to reduce the number of people tragically killed and injured by drunk drivers by partnering with law enforcement in a high-visibility crackdown this holiday season,” said Brenda Gellinger, a family support coordinator for the Lee County Sheriff’s Office and local MADD representative.

“From now through New Year’s Day, law enforcement will be out in full force conducting sobriety checkpoints and saturation patrols to make it clear that if you drive drunk, you will be arrested,” Gellinger said.

A local MADD chapter will be operating in Lee County this year to assist local law enforcement in Fort Myers, Cape Coral, Bonita Springs, Fort Myers Beach and elswhere. After several years without a presence in Southwest Florida, Gellinger recently reopened in office space provided by Bruce and Cheryl Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers, which also has purchased dozens of "Don't Drink and Drive" billboards for the holidays and provides support for local sobriety checkpoints.

Continue reading "Southwest Florida drunk drivers targeted to prevent accidents, wrongful death" »

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

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

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

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

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

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

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

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

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

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

Drunk Drivers are being targeted by local law enforcement in an effort to reduce the number of serious and often fatal crashes they cause on Southwest Florida roads.

Eighteen people were arrested by Lee County deputies for Driving Under the Influence during the second week of September, the sheriff’s office reported. The following week, Lee County deputies arrested 25 people for drunk driving.

“In 37 years of practicing law, some of the most tragic cases we have taken the responsibility of representing have been caused by the careless, senseless and negligent acts of a drunk driver,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Last year, 1,099 people were killed in alcohol-related crashes in Florida – making drinking and driving a cause of about one-third of the state’s 3,365 road deaths. Another 10,439 motorists were injured by alcohol-related crashes on Florida roads.

The number of area crashes caused by alcohol remained staggering in 2006: 654 in Lee County; 372 in Collier; 211 in Charlotte; 457 in Sarasota.

“It’s obviously a problem that, unfortunately, is not going away,” said Brenda Gellinger, who works with DUI victims at the sheriff’s office and with the local Chapter of Mothers Against Drunk Driving.

Gellinger noted those 18 were arrested by deputies, while other local law enforcement agencies, including Cape Coral and Fort Myers police as well as the Florida Highway Patrol, are also picking up enforcement.

Continue reading "Drunk Driving remains a concern in Fort Myers, Cape Coral, Southwest Florida" »