January 22, 2012

New Child Seat Website Hoping to Reduce Risks of Child Injury in Fort Myers, Nation

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

Parents and child passenger safety educators can view new videos that correspond with the latest car seat recommendations from the American Academy of Pediatrics (AAP) to learn how to better protect young passengers in the event of a car accident in Fort Myers and elsewhere.
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“Supporting this site are the research experts behind the AAP recommendations," says Suzanne Hill with CIRP.

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

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

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

How Do Child Seats Help?

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

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

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

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

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

Important Dates Regarding Child Safety:

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

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

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

November 1, 2011

Check the CPSC's Recall List before Christmas Shopping to Prevent Unnecessary Injury in Naples

The year is flying by and Christmas decorations have already hit storefronts. It's about that time to start Christmas shopping. But before you do, you're urged to check the U.S. Consumer Product Safety Commission's recalled products list and check it twice! Unfortunately, there are many popular household items and children's toys that wind up on this list every year. Defective product injuries should always be handled by a qualified attorney.
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Our Fort Myers personal injury attorneys understand the risk; consumers buy products and bring them into their home with no expectation of danger. Sadly, companies are too often more concerned with making a profit than with consumer safety. The CPSC lists defective products on its website to help prevent injury or death from thousands of products under the agency's jurisdiction. The CPSC overlooks products that can pose mechanical, electrical, fire and chemical hazards to you and your family.

Recent items on the CPSC recall list:

Trek Bicycles

The Trek 2012 FX and District bicycles pose potential fall hazards because bolts that attach the seat's clamp to the seat have been found unreliable. Nearly 30,000 bikes were sold from May of 2011 to September of 2011 ranging in prices from $550 to $1,100. If you own one of these bikes, you should contact a Trek dealer to receive a new bolt. These bikes have the item's SKU number placed on the back of its pedal. All items ending with "12" on the SKU number are being recalled. Injuries resulting from the defect have already been reported.

BB Buggies' Bad Boy Buggies:

Bad Boy Buggies off-road utility vehicles were already recalled in October of 2009 and in December of 2010. This is a whole new recall for the product. The new problem with the buggy is that the steering assembly arm can break and cause the little driver to lose control of the vehicle. This breakage causes a serious crash hazard. The company has received nearly 20 reports of this type of accident. The recall pertains to Classic, Bad Boy LT, XT, XT, and XTO Safari models. The buggies were sold across the county at Bad Boys Buggy dealers from August of 2009 to June of 2011. They cost anywhere from $7,000 to $15,000. If you have one of these products, contact BB Buggies or an authorized dealer for a free steering assembly replacement.

Target's Children's Frog Mask:

Target is recalling its Children's Frog Masks because they reportedly cause a suffocation hazard. There is no proper ventilation to allow a child to breathe once the mask is on. Nearly 3,500 were sold in Target stores from August of 2011 to September of 2011 for $1. If you have this product, return it to a Target store for a refund. Recalled masks have a UPC code of 06626491474. This code is printed on the label attached to the mask.

Guidecraf's Twist ‘n Sort Toys:

Nearly 800 of these items were sold in gift shops, specialty toy stores, online and in catalogs from September of 2009 through November of 2010. They cost about $20. If you purchased this item, contact Guidecraft to get a replacement or another product of equal value. Pegs on the posts can detach and can pose a choking hazard to children. Recalled items have the number "712" printed on the bottom of the base.

Parents are asked to be cautious when selecting presents for children for the upcoming holidays. Consult with both Santa and the CPSC to make sure none of the items on their wish list are dangerous or have been recalled.

Continue reading "Check the CPSC's Recall List before Christmas Shopping to Prevent Unnecessary Injury in Naples" »

October 24, 2011

Our Fort Myers Personal Injury Lawyers Wish You a Safe and Happy Halloween!

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

Our Cape Coral child injury attorneys would also like to warn parents about other Halloween-related injuries that your child could experience on the 31st. Eye trauma from sharp costume accessories and burns from flammable costumes are also a common injury we see every year on Halloween. We are here to provide you with some quick and simple safety tips to help keep you and the whole family safe this Halloween.
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"Children should be out having fun and spending time with family and friends. They should not have to spend Halloween in the ER because of some injury that could have been easily prevented," Dr. Sandra Schneider, president of the American College of Emergency Physicians.

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

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

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

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

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

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

-Stay within your own neighborhood.

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

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

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

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

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

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

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

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

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

-Walk, never run.

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

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

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

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

October 3, 2011

Lee County Proudly Supports International Walk to School Day to Raise Awareness about Pedestrian Accidents in Fort Myers

October 5th is International Walk to School Day and many schools in the area are joining the festivities to help raise awareness about child pedestrian accidents in Fort Myers and elsewhere.

This event started back in 1997 when the Partnership for a Walkable America sponsored the first National Walk Our Children to School Day in Chicago. When the walk was first started, it was used as a way to bring together children with local leaders in an effort to raise awareness about the need to more pedestrian-friendly streets.
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As the event progressed year by year, so did its popularity. In 2002, the highest record of participation was tallied at roughly 3 million. This year, schools and leaders in every state have held events to help push the campaign.

Our Fort Myers child injury attorneys hope that you and your family will participate in this year's event. This event is also used to help rally for federal funding to make our roadways safer for pedestrians. In 2005, new legislation was passed that would allow states to apply for this type of federal funding. Unfortunately, far too few dollars are aimed at pedestrian safety -- despite the fact that Florida is among the most dangerous states in the nation when it comes to serious or fatal pedestrian accidents.

The following schools in our area are participating in this year's events:

-Orangewood Elementary School: Students will be asked to wear their Orangewood T-shirts and are asked to meet Jefferson Park and walk to school so that all students can practice safe walking habits.

-Bayshore Elementary School: This is the third year that this school has participated n the event. During this year, local sheriff’s departments, parents, sponsors and teachers will be walking to school with students.

-Tommie Barfield Elementary School: The school will be asking students within a reasonable distance to walk to school on the 5th.

-Orange River Elementary School: This school will be sending home flyers with students to encourage all student pedestrians to wear their Orange River T-Shirts. These students will be asked to gather in a designated spot located just down the road from the school. Staff members will be joining them as well on this walk.

-Tanglewood Elementary School: Tanglewood will be showing an educational DVD during PE classes for 4 days. In the fall, the school also has a walking program. During the winter, the school has a biking program. PE class is used to practice skill and drills for two weeks. Lastly, Tanglewood organizes a walk to school day and bike to school day/RODEO.

“We can make a difference right here at home, we can make our streets safer,” said Michele King, Director of the Child Advocacy Program at the Children’s Hospital of SW Florida.

How officials can help to keep our child pedestrians safe on our roadways:

-Provide well-maintained a safe areas for pedestrians to walk that are separated from motor-vehicle traffic.

-Teach young pedestrians how to safely cross the street.

-Reduce speed limits in school zones and in neighborhoods.

-Ensure that sidewalks meet national accessibility standards.

-Make sure that all intersections and mid-block crossings have curb ramps.

-Install pedestrian signals at all intersections.

Continue reading "Lee County Proudly Supports International Walk to School Day to Raise Awareness about Pedestrian Accidents in Fort Myers" »

July 2, 2011

Fireworks Accidents One Common Cause of Burn Injuries in Fort Myers

Burn injuries in Fort Myers and elsewhere in South Florida are among the most painful and medically complex catastrophic injuries a law firm can handle.

Fireworks accidents in Fort Myers are just one cause. The Florida Department of Health reports children and teenagers are the most likely victims. In fact, the Centers for Disease Control and Prevention reports more than 400 children and teenagers are treated for burn injuries of all types in U.S. emergency rooms every day.
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Two-thirds of firework injuries in Florida are to the face, hands and arms. Burns account for nearly 40 percent of injury cases. In 2005, more than 200 emergency room cases were reported involving fireworks in Florida -- nearly all of them around the Fourth of July.

Other common causes of Florida burn injuries handled by Fort Myers burn injury lawyers include:

-Scald Burn Injuries

-Electric Burns

-Chemical Burns

-Gas Grill Accidents

-Gas Explosions

-Car Accidents

Burn injuries may include injuries of the first-degree, second-degree, third-degree or fourth-degree:

First Degree Burns: Affect the epidermis -- or the outer layer of skin. Pain, swelling, tingling and hypersensitivity are common. The wound is typically red and dry.

Second Degree Burns: Affects both the epidermis and the dermis; thus called partial thickness burns. Extreme pain, redness, swelling and blistering. Weeping at the surface is also common, as is substantial scarring. Common causes include flash injuries (such as explosions), scalding liquids and flame injuries.

Third Degree Burns:
Extreme burns, affecting the entire thickness of skin and underlying muscle tissue; destroys sweat glands and hair follicles. May not be as painful as second-degree burns, due to nerve damage. Burned skin may be brown, white, yellow, red or a leathery black. Extensive medical care required, and may involve skin grafts and lengthy hospitalization.

Fourth-Degree Burns: (May also be characterized as fifth-degree or sixth-degree burns) are life threatening. Burning reaches the bone and the skin is permanently lost. Sometimes associated with lost limbs and amputations. Often caused by high-voltage electric. Can also be caused by prolonged flame contact, as in a house fire.

Continue reading "Fireworks Accidents One Common Cause of Burn Injuries in Fort Myers" »

June 10, 2011

Pool Safely Campaign Aimed at Reducing Submersion and Drowning Accidents in Fort Myers

Pool owners have a responsibility to maintain their pools and ensure a safe environment for anyone who uses them as we all work to reduce the risk of swimming pool accidents in Cape Coral and Fort Myers this summer.

The U.S. Consumer Product Safety Commission (CPSC) reports that through the first five months of 2011, there were 55 reported drownings and 63 near-drowning accidents.
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Now that school is letting out, Fort Myers pool accident attorneys want to remind babysitters and adults who supervise young children in pools to keep a watchful eye to prevent a drowning accident. It only takes a short amount of time for a drowning to occur.

We posted previously on our Florida Injury Lawyer Blog that the CPSC has been investigating pool and spa drain cover manufacturers in compliance with the Virginia Graeme Baker Pool and Spa Safety Act (P&SSAct). Florida leads the nation in the number of drowning incidents for children younger than 5. In most cases, these accidents are caused by proper safety features and advice being ignored.

The CPSC offers these additional statistics:

-From 2008 to 2010, an average of 5,100 pool or spa-related injuries each year were treated at hospital emergency rooms for children 14 and younger. Children 4 and under represented 79 percent of these injuries.

-76 percent of reported fatalities from pool and spa-related drownings from 2006 to 2008 were children younger than 5. There were a total of 383 drownings for children 14 and under during this time period.

-Children ages 12 to 47 months represented 66 percent of fatalities (from 2006 to 2008) and 64 percent of injuries (from 2008 to 2010) in pool and spa-related incidents.

-96 percent of victims submersed in water will die. Deaths usually occur the same day that the event took place.

-Only 4 percent of near-drowning victims will survive a submersion incident beyond a week. Those who do will undergo intensive medical care for the severe injuries sustained in the accident.

"CPSC's new data show that the number of drownings and near-drownings involving children younger than f5 are still a serious public health issue," said Chairwoman Inez Tenenbaum. "CPSC is committed to reducing the number of drowning and near-drowning incidents in swimming pools and spas in the country. The Pool Safely campaign and its partners encourage parents and children to take as many water safety steps as possible to help save a life."

The CPSC recently kicked off the second year of the Pool Safely: Simple Steps Save Lives campaign, an effort to reduce entrapment, nonfatal submersion and child drowning accidents.

Florida Swimming Pool Association offers the following simple steps to prevent drownings and other accidents:

S-A-F-E-T-Y:

-Supervision – an adult must always be present when children are in the pool.

-Alert – not only is keeping an eye on small children a must, but so is keeping the pool area toy and chemical-free. Sunscreen should always be accessible, and food and beverage should only be served in non-breakable containers.

-Free - never consume alcohol or drugs while using a pool or spa. In most cases, alcohol creates unsafe conditions for those who use or abuse it.

-Emergency – learn CPR, keep a portable and charged phone at poolside, and have a list of emergency phone numbers close by.

-Teaching – everyone who frequents the pool should be taught how to swim. Local YMCA's, recreational departments and other programs offer classes in your area.

-You – considering safety at all times means you are being responsible.

June is National Safety Month. For more information about summertime safety visit the National Safety Council's summer safety and health fact sheets.

Continue reading "Pool Safely Campaign Aimed at Reducing Submersion and Drowning Accidents in Fort Myers" »

March 26, 2011

Proper Car Seats Vital to Protecting Children in Fort Myers Car Accidents

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

Fort Myers personal injury lawyers encourage you to follow the new safety recommendations set out by the AAP to best protect your child in a potentially fatal accident. The change in car seat policy comes after research from the AAP which revealed that 75 percent of children under the age of 2 riding in forward-facing car seats are likely to be killed or fatally injured in a car accident.
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Although all car seats sold throughout the United States meet federal child restraint safety standards, it is up to parents to choose the best seat for their child. "Selecting the right seat for your child can be a challenge for many parents. National Highway Traffic Safety Administration's new revised guidelines will help consumers pick the appropriate seat for their child," says David Strickland, Administrator of the NHTSA.

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

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

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

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

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

February 23, 2011

Safety seat recall a reminder of child's risk of defective product injuries in Fort Myers

The government has announced a recall of nearly 400,000 defective child safety seats for a faulty harness, the National Highway Traffic Safety Administration reported.

Our child injury lawyers in Cape Coral and Fort Myers urge parents to check their safety seats for recall and to periodically conduct a thorough examination for wear and tear, possible defects, or other issues that could impact your child's safety.
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The Dorel Juvenile Group (DJG) is recalling 794,247 seats because the lock and release button on the harness does not always return to the lock position. The defect can result in a loose harness and increased risk of serious or fatal injury during a Fort Myers car crash. The seats were made from May 2008 to April 2009 and feature the "Center Front Adjuster" for the harness. Infant, convertible and booster child-restraint systems are included in the recall, both those sold as stand-alone seats and those sold as part of a (stroller) travel system.

The company is providing a fix kit consisting of a small tube of lubricant. However, many parents may decide to discontinue using the seats.

We encourage you to use extra caution when purchasing toys, clothing items and other products marketed to children. While we as parents would hope that manufacturers would use the utmost care when designing and marketing products for children, that is too often not the case. The Consumer Products Safety Commission recalls more than 100 children's products each year for a variety of hazards. Products include cribs (more than a dozen recalls in 2010), safety seats and high chairs, as well as clothing and toys.

Just this month, the government announced a recall of 1.7 million video baby monitors because of a strangulation risk posed to infants.

More information on the Florida child safety seat recall is available here, including model numbers and manufacture dates.

Other children's products recalled this month include night lights, hooded jackets, snow bikes, playsets, and a drop-side crib.

Continue reading "Safety seat recall a reminder of child's risk of defective product injuries in Fort Myers" »

February 12, 2011

Teen distracted driving contest aims to reduce number of traffic accidents in Fort Myers, elsewhere

Our Fort Myers accident attorneys frequently report on the dangers faced by teenagers behind the wheel, particularly when it comes to distracted driving. Earlier this week, we reported on our Florida Injury Lawyer Blog when an auditorium of Florida teens began jeering at the prospect of not being able to use their cell phones behind the wheel.

Now safety organizations are teaming up to encourage teenagers to develop a public-service radio announcement on the dangers of distracted driving that will appeal to teens their own age, the Business Journals reported.
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The National Road Safety Foundation and the National Student Safety Program are launching "JST DRV," a radio PSA contest. Teens are invited to submit 15- or 30-second PSA announcements on the dangers of distracted driving. The winning announcement will be broadcast nationwide during Youth Traffic Safety Month in May. Three runners-up will receive a $500 scholarship and a Bluetooth device.

The winner will receive a $1,000 scholarship, a Bluetooth device and a trip to Honolulu for the Youth Traffic Safety Conference this summer. Teens ages 14 to 18 are invited to submit entries. Deadline for the contest is March 25.

"The JST DRV Radio PSA Contest hopes to engage young people in communicating important messages about distracted driving in their own voice," said Michelle Anderson, operations director of the National Road Safety Foundation.

Health News Digest recently reported more than 680,000 motorists were involved in accidents with teen drivers in 2008.

"When most people think about those affected by teen driver crashes, they think of the teens behind the wheel. We must also consider the significant impact of these crashes on other members of our communities: occupants of other vehicles, pedestrians, cyclists, and other road-users," says Dennis Durbin, who was an author of the report. "Whether or not we have a teen driver in our family, we should all care about this issue. This report provides a concrete way to measure the effectiveness of laws, education, and other programs in reducing teen crashes and their impact on communities."

The National Highway Traffic Safety Administration reports 516 motorists were killed in Florida car accidents involving teenagers in 2008. Of those, 153 were occupants of other vehicles and 62 were non-occupants, such as cyclists or pedestrians. Only California and Texas reported more teen-driving fatalities.

"A quarter of all teens admit to texting behind the wheel and, in 2009, the highest proportion of distracted drivers in fatal crashes was under the age of 20," said U.S. Transportation Secretary Ray LaHood. "We know we have to engage teens in order to put an end to distracted driving. With their help, we can educate teens and adults about making smarter choices that will save lives."

More information on the contest is available at www.nrsf.org.

Continue reading "Teen distracted driving contest aims to reduce number of traffic accidents in Fort Myers, elsewhere" »

February 10, 2011

Proposed law would forbid teen drivers from using cell phones; fewer Fort Myers car accidents could result

The Sun-Sentinel reported that teens at a presentation in a Boca Raton high school auditorium gasp and jeered at the prospect of not being able to use a cell phone while driving.

But as our Fort Myers personal injury lawyers frequently report, Florida is woefully behind when it comes to addressing the issue of distracted driving among teenagers. Proposed new legislation, dubbed the Minor Traffic Safety Act, would do little more than bring the Sunshine State in line with most of the rest of the nation when it comes to limiting a young driver's ability to use a phone while behind the wheel.
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Unfortunately, it would not address text messaging or cell phone use by adult drivers -- something that is now illegal in 38 other states, according to the Governor's Highway Safety Association. As a result, distracted driving continues to be one of the leading causes of car accidents in Fort Myers, Naples and throughout South Florida.

Addressing teen driver distraction, however, is an important start. Teens are at high risk for nearly every poor driving habit, included distracted driving, drunk driving, speeding and riding with too many passengers in the vehicle. Health News Digest recently reported more than 681,000 motorists were involved in an accident with a teen driver in 2008.

The proposed law would ticket minors for sending text messages or talking on the cell phone while driving. The same rules would finally apply to school bus drivers -- making Florida one of the last states in the nation to address distracted driving by bus drivers.

The bill would also limit the number of minors who can ride in a car with a teenage driver; a teen would be required to display a tag from their rear-view mirror, which would identify them as a minor.

The measure still needs to become law. Florida lawmakers have failed to act on a number of distracted driving measures during legislative sessions in recent years.

Continue reading "Proposed law would forbid teen drivers from using cell phones; fewer Fort Myers car accidents could result" »

January 9, 2011

Want to reduce your kid's risk of a Fort Myers car accident? There's an app for that

If you want to prevent your teen from speeding or text messaging while driving, there is an app for that.

Our Cape Coral car accident attorneys reported last week on our Florida Injury Lawyer Blog, that the Countdown2Drive program has been aimed at 13- and 14-year-olds in the latest effort to reduce the risk of teenage car accidents.
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But Florida is one of a rapidly dwindling number of states that have no laws on the books that prevent drivers from text messaging. The Governors Highway Safety Association reports 30 states have outlawed text messaging by drivers. Eight others outlaw the use of hand-held cell phones by all drivers, and still others prohibit young drivers from texting or using cell phones while behind the wheel.

But with Florida lawmakers standing idly by, a Florida company has developed PhoneGuard, a $29.99 smart-phone application that uses GPS to disable a phone's texting, web surfing and e-mail features at speeds greater than 10 mph. The Fort Lauderdale Sun-Sentinel recently reported that whole families are subscribing to the plan.

The dangers of texting and driving are well documented. The National Highway Traffic Safety Administration reports that about 5,000 motorists were killed last year and another 500,000 were injured in accidents caused by distracted driving. And a recent study by the University of North Texas concluded that texting caused 16,141 deaths between 2002 and 2007. It also blamed text messaging for about 75 percent of all distracted driving deaths.

Research conducted by Car and Driver recently found that a driver who is texting takes an extra 30 feet to stop, compared to an extra 15 feet that is typically required by a driver under the influence of alcohol.

But PhoneGuard doesn't stop there. The program also includes SpeedAlert, which notifies the administrator, typically a parent or employer, when the phone has traveled over a certain speed. The program sends a text message giving the speed and a map location, the Palm Beach Post reported.

TimeOut is another feature of the program, which permits parents to set limits on a phone's hours of operation. The PhoneGuard app is available for the Blackberry and Android phones and is expected to be available on the iPhones and Windows Mobile devices as early as next month.

And PhoneGuard isn't the only program already on the market. True SMS-Life Saver pp for the iPhone is available for $1.99 and others are sure to follow.

January 4, 2011

New Year's Resolution for parents: Talk to teens about reducing risk of car accidents in Fort Myers, Naples, Cape Coral

If you want to make a New Year's resolution that counts, our Fort Myers car accident attorneys urge you to speak with your teenagers about the importance of making good driving decisions. Reducing your teen's risk of a car accident in Naples, Cape Coral or elsewhere in South Florida could be the best move you can make as we enter 2011.

Safe Kids USA and the General Motors Foundation is launching Countdown2Drive, a national campaign aimed at equipping teenagers ages 13 and 14 -- as well as their parents -- with safety information well before the teen is eligible to drive legally. The effort is aimed at reducing the risk of serious or fatal accidents among young drivers, where the statistics are anything but encouraging.
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The National Highway Traffic Safety Administration reports car accidents are the leading cause of death for teenagers -- both those ages 15 to 20 and those not yet old enough to drive. In 2008, almost 6,000 young drivers were involved in fatal accidents. Florida car accidents involving young drivers accounted for 516 deaths that year.

"Our goal is to educate young teens, as they begin to transition from passengers to drivers," said John Formisano, president and CEO of Safe Kids Worldwide. "Our research shows teen pre-drivers are eager to learn, and they are focused on the freedom a driver's license and access to a car can provide. By preparing them to be good passengers, Countdown2Drive can help decrease the number of crashes and injuries that occur during their first and most dangerous year of driving."

The government reports a teen age 13 or 14 has double the risk of dying in an accident as they did when they were younger. And that risk continues to rise as the teen gets older. More than 350,000 teenagers were seriously injured in car accidents last year.

"Texting and talking on cell phones may feel like second nature to a tech-savvy generation, but the truth is, no one can talk or text while driving safely," said U.S. Transportation Secretary Ray LaHood. "Driving distracted is a dangerous and deadly practice, which is why we need to reach teens early on - before they get a permit and a license to drive."

Teens are also at higher risk for other poor driving decisions, including drunk driving, aggressive driving, failure to wear their seat belt, speeding and riding with too many passengers in the vehicle.

Parents can visit the Countdown2Drive Program here.

Continue reading "New Year's Resolution for parents: Talk to teens about reducing risk of car accidents in Fort Myers, Naples, Cape Coral" »

December 17, 2010

Coalition aims to reduce teen car accidents in Fort Myers and throughout Southwest Florida

The National Safety Council has announced a partnership with Allstate Insurance that will establish a Florida coalition to promote safe teen driving.

Our Fort Myers personal injury lawyers urge you to speak to your teen drivers about the risks associated with poor driving choices. The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers. And Cape Coral car accidents involving teenagers have made that city one of the most dangerous of its size in the nation for young drivers.
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Florida is one of 10 states where coalitions are being formed. The others are California, Illinois, Maryland, Minnesota, New Jersey, New York, Pennsylvania, Tennessee and Texas.

“While our roads have never been safer, car crashes remain the No. 1 killer of all people from 1 to 34 years old, with teens crashing four times more often than any other age group. We must act now to create new social norms behind the wheel starting first with our youngest drivers,” said Joan H. Walker, senior vice president, Allstate Insurance Co. “With its long legacy of building safety coalitions, NSC is the ideal organization to lead new state efforts to change the teen driving culture.”

Florida car accidents involving young drivers claimed 516 lives in 2008. Only California (593) and Texas (650) reported more deaths involving teen drivers.

“Funding from The Allstate Foundation allows NSC to develop a coordinated strategy for building effective state coalitions,” said Janet Froetscher, NSC president and CEO. “The coalitions will mobilize state leaders to find unique solutions to the teen driving issue and save young lives for generations to come.”

Participants will include local and state law enforcement, public health personnel, the media, injury prevention groups and tees and parents, including family and friends of teen crash victims.

Continue reading "Coalition aims to reduce teen car accidents in Fort Myers and throughout Southwest Florida" »

October 23, 2010

Fort Myers car accidents, premise liability issues a concern during Halloween

The Halloween season brings with it the increased threat of injuries resulting from premise liability issues and car accidents in Fort Myers and throughout South Florida.

Authorities will be conducting a drunk driving "Over the Limit. Under Arrest" campaign from Oct. 25 - 31, according to the National Highway Traffic Safety Administration. Drunk driving was responsible for more than half of the 4,900 people killed over Halloween weekends during the last decade.
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Nighttime is always a dangerous time to be on the road but Halloween night is frequently one of the deadliest nights on the road all year.

Car accidents are not the only danger during Halloween -- Issues involving premise liability in Fort Myers are commonplace. More walking dark sidewalks is done on Halloween night than all year long. Children are at increased risk of a whole host of injuries, including Fort Myers pedestrian accidents. And trick-or-treaters and/or guests or party goers can be subjected to everything from slip and fall accidents to dog attacks and swimming pool accidents.

When it comes to Halloween, pretty much anything can happen.

The Centers for Disease Control and Prevention provides a fun list of safety tips that spell "Safe Halloween:"

-Swords, knives and other costume accessories should be soft and flexible.

-Avoid trick-or-treating alone.

-Fasten reflective tape to your costume to make yourself more visible to drivers.

-Examine treats for choke hazards and tampering.

-Hold a flashing so you can see and others can see you.
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-Always test make-up in a small area and remove promptly to avoid irritation.

-Look both ways before crossing the street.

-Lower your risk for eye injury by not wearing costume lenses.

-Only walk on sidewalks or on the far edge of the road facing traffic.

-Wear well-fitting masks, costumes and shoes.

-Eat only factory-wrapped candy.

-Enter homes only with a trusted adult.

-Never walk near lit candles and be sure to wear flame-resistant costumes.


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October 19, 2010

Fort Myers accident attorneys encourage parents to speak with teens during Teen Driver Safety Week

Our Fort Myers personal injury lawyers encourage parents to speak with their teenagers about the importance of safe driving habits this week during National Teen Driver Safety Week (Oct. 17-24).

As we reported last week on our Florida Injury Lawyer Blog, parental involvement is critical to reducing the risk that your teenager will be involved in a serious or fatal car accident in Cape Coral or Fort Myers. The coming weeks are among the most dangerous of the year as school's celebrate homecoming, traffic gets intense with the start of tourist season, and South Florida heads into the holiday season.
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The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death among teenagers ages 15 to 20. And the Centers for Disease Control and Prevention says that 2 of every 5 teenager deaths are the result of traffic accidents.

Teens have every bad driving habit in the book and are among the worst offenders when it comes to drunk driving, speeding, texting and driving, distracted driving, not wearing their seat belts, riding with too many passengers in the car, dangerous nighttime driving and driving too fast for conditions.

In fact, the Florida Department of Highway Safety and Motor Vehicles reports that 1 in 5 16-year-old drivers will be involved in an accident.

The Florida Drive with Care program is encouraging awareness by urging everyone to wear a white shirt on Oct. 19 to "White Out Teen Crashes."


Driving tips for teenagers adapted from the department of motor vehicles:

-Wear your seat belt.

-Adjust mirrors, seat, radio and climate control before moving.

-Make complete stops at stop signs and red lights. Avoid jamming on the brakes. When stopping behind another vehicle, stay far enough back that you can see its rear tires.

-Look left, right, straight, left before proceeding from a stop. Look left first and last because that is the direction of oncoming traffic.

-Do not rely on mirrors when backing up. Make visual checks in all directions to make sure your path is clear.

-Remain 15 feet away from trucks on all sides. If you cannot see a truck's rearview mirrors, the driver cannot see you.

-Don't speed. The chance of death or serious injury doubles for every 10 mph you travel over 50 mph.

Click here for additional tips on dangerous driving distractions, night driving and driving in bad weather. Here you will find a safe driving contract for your Florida teenager.

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October 14, 2010

Parental involvement critical in reducing the risk of car accidents involving teenagers

Parents can go a long way toward helping teenagers avoid a car accidents in Cape Coral or Fort Myers by spending more time with them during the driver's education process, according to the results of a new Study by the AAA Foundation for Highway Safety.

More than a year ago, our Cape Coral Accident attorneys reported the dangers on our Florida Injury Lawyer Blog after an insurance study found Cape Coral the deadliest city of its size in American for teen car accidents.
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The New York Times reports that most teens are allowed to get driver's licenses despite exhibiting a need for extra training behind the wheel -- particularly when it comes to challenging driving situations like night driving, driving in heavy traffic or driving in heavy rain or bad weather.

“One of the best things parents can do to reduce the risk is to spend as much time as possible with their children to provide guidance driving in a variety of situations so they can gain experience and competence,” said Peter Kissinger, chief executive of the foundation. “If they do, it will have a significant impact on the teenager’s later driving experience.”

Nearly half of all parents said they had concerns about a teen's abilities in one or more areas but one-third permitted teenagers to get their license within a month of becoming eligible. The study, which is one of the first to be conducted on the interaction between parent and child during the driver's education process, also found significant differences in the amount of time parents spent helping their children learn to drive.

Nationwide, car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. In 2008, a total of 6,428 motorists were killed in accidents involving teen drivers. Almost 10 percent of those deaths --516-- occurred right here in Florida. Only California and Texas reported more fatal car accidents involving teen drivers.

The National Safety Council noted that the need for training does not stop when a teen receives his or her license; the first year is particularly critical. “If they knew the risk, they would take a much more active role,” said the NSC's David Teater, of the parents of young drivers.

September 22, 2010

Child Passenger Safety Week: A reminder of the many ways a child can be injured in a Fort Myers car accident

Our Fort Myers child injury lawyers encourage parents to participate in Child Passenger Safety Week (Sept. 19 to 25) by talking to your kids about dangers around vehicles and having your booster and safety seats checked on National Seat Check Saturday, Sept. 25.

A list of child safety seat check locations in Fort Myers, Cape Coral and throughout South Florida is available here.
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The Centers for Disease Control and Prevention reports that car accidents remain the leading cause of death for young children ages 3 to 14. The National Highway Traffic Safety Administration reports 1,347 children were killed in car accidents in 2008 and 193,000 were injured. Florida car accidents killed 73 children that year.

In selecting a child safety or booster seat, it is also important to consider the fit of the seat and your vehicle. Child products have the highest incidents of reported defects; poorly designed seats may result in a defective products claim in Southwest Florida. The Insurance Institute for Highway Safety recently rated 72 booster seats, giving 21 of them a "Best Bet" rating and not recommending the purchase of eight others. A complete list of child booster seat ratings is available here.

"For the first time top-rated boosters outnumber ones the Institute doesn't recommend," says Anne McCartt, Institute senior vice president for research. "Now more than ever manufacturers are paying attention to belt fit, and it's showing up in our ratings."

The National Highway Traffic Safety Administration is also highlighting other dangers during Child Passenger Safety Week, including the risk of children being left in hot cars, backover injuries, power window injuries, vehicle rollaways and trunk entrapment injuries.

Florida and Texas lead the nation in the number of children killed by heatstroke as a result of being left in a hot car, according to San Francisco State University. So far this year, 45 children have died nationwide, far exceeding the 33 kids who died during all of last year. Fifty children have died in Florida during the last decade as a result of being left in a hot car.

Children and Hot Cars

-Never leave a child alone in a car.
-Teach children that a vehicle is not a play area.
-Do things to remind yourself there is a child in the vehicle.
-Always lock the doors and trunks on unattended vehicles.

You can find additional information on the dangers of children in hot cars here.

September 6, 2010

Child accidents in Fort Myers and Naples area are a reminder of drowning dangers throughout South Florida

A series of drowning or near-drowning incidents involving children remind us that swimming safety is an important topic for discussion. Each of us need to do our part to avoid swimming pool accidents in Fort Myers, Naples and throughout South Florida.

On Sunday, the News-Press reported that a 2-year-old boy drowned in a pond in South Fort Myers. The child apparently slipped out of his house and wandered into the pond about 30 yards away.
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Last week, a 15-year-old boy drowned while swimming near the Sanibel Causeway, according to The News-Press.

And earlier this month, the Naples Daily News reported that a 10-year-old boy survived a scary head injury when he dove into 4 feet of water at a condo pool in East Naples.

Florida leads the nation in serious and fatal swimming accidents involving children. Labor Day typically signals the last big swimming weekend up north. But for South Floridians it serves only as a harbinger of the upcoming tourist season and visits by Midwestern relatives. Many of these cases are tragic accidents. Yet accidents can often be prevented. And, if you are a pool owner, or if you are taking responsibility for the supervision of children in some other capacity -- such as a relative or babysitter -- you can be held responsible for the accidental drowning or death of a child -- whether in a swimming pool or on the open water.

In other cases, faulty swimming pool equipment or the lack of gates or fencing can lead to a drowning and a Home Owners Association or condo association can and should be held responsible. The law requires most all swimming pools to have one or more of the following safety features:

-A four-foot barrier fence
-An approved pool cover
-Self-closing and self-locking gates
-Door and window alarms in areas with direct access to the pool

Drowning is the leading cause of death for children under 4 (car accidents are the leading cause of death for those ages 4 to 20). And the Consumer Product Safety Commission reports that 385 pool or spa deaths occur to children under the age of 15 each year. The six deaths in Lee County ranked it the second-most dangerous county in the state. Broward County's eight deaths were the most in Florida.

Swimming Pool Safety Tips from the Lee County Health Department include:

-Ensure that your pool has the required fencing and other safety components as required by law.

-Provide adult supervision at all times while children are swimming.

-Never consider a child to be safe around the water.

-Floaties and other devices are not designed to replace life jackets.

-Keep toys and other trip hazards off the pool deck.

-Remove visual obstructions of the pool and ensure a clear view from the house.

-Do not leave covers on pools during use; children can become entrapped.

August 28, 2010

Competition seeks input from teens about the dangers of distracted driving car accidents in South Florida

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

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

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

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

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

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

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

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

August 20, 2010

School year begins; use caution in avoiding school bus accidents in Fort Myers, Cape Coral, Port Charlotte

The U.S. Department of Transportation announced this week that all new motor coaches will be required to have seat belts to prevent ejection in the event of a rollover accident. That's good news unless your child rides a school bus -- existing buses and new school buses are exempt from the requirement.

The new school year brings increased risk of a school bus accident in Cape Coral, Fort Myers and Punta Gorda/Port Charlotte. Student fatalities are thankfully rare, though they do happen. Just this month in St. Louis a horrific accident involving two school buses and a semi killed two students and sent 50 to the hospital. An average of 19 students die in school bus accidents each year in the United States, according to the National Highway Traffic Safety Administration.
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Injury accidents are much more common. At risk groups include student passengers and other motorists who are involved in an accident with a school bus, which carry the increased risks often associated with being in an accident with a semi or other large commercial vehicle.

State law requires drivers to stop for school buses with activated red flashing lights. For the busy motorist, it can be helpful to remember that these laws are aimed at preventing tragedy; certainly no driver wants to be responsible for hitting a child. Passing is not permitted until the red lights and signals have been turned off. The law applies to cars traveling in the same direction, as well as traffic moving in the opposite direction. Never pass a bus on the right side where children enter or exit.

The Florida Department of Highway Safety and Motor Vehicles does not distinguish between school bus accidents and accidents involving motor coaches or passenger buses. Last year, 2,163 crashes were reported. Twenty-three people were killed and 1,203 were injured.

As our children head back to school, we encourage you to speak with them about school bus safety. The following tips are provided by the NHTSA:

-Supervise children to make sure they get to the stop on time, are waiting away from the road and are avoiding rough play.

-Teach children to ask the driver for help if something is dropped near the school bus. Have a child use a backpack or book bag to keep loose items together.

-Make sure clothing and backpacks are free of long drawstrings or straps that can get caught on handrails or bus doors.

-Encourage safe loading and unloading.

-If you think your bus stop is dangerous, talk to school officials about taking corrective action before a child gets hurt.

August 13, 2010

Back to school puts emphasis on teen driving safety in South Florida

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

Car accidents are the leading cause of death for teenagers ages 15 to 20, according to the National Highway Traffic Safety Administration. And Florida ranked just "fair" by the Insurance Institute for Highway Safety when it comes to the training young drivers receive. Only 13 states did not earn the agency's top rating.
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Regardless of the training a teen receives in the classroom, it is the involvement of parents who are willing to set clear rules that frequently makes the difference when it comes to keeping teens safe behind the wheel.

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

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

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

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

Frequent causes of teen accidents in South Florida include:

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

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

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

Comprehensive teen driving safety information is available here.

July 23, 2009

Playground safety tips help prevent children’s injuries

Child on the playgroundWatching your kids enjoy the slides, swings and other equipment at your favorite park or playground can be some of parenthood’s most rewarding moments. But Florida injury lawyers remind you that safety should be your first priority to ensure your child does not suffer a serious injury while at play.

“During the summer, playgrounds and parks in the area are very popular places for families to spend time”, says attorney PJ Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers. “It only takes a second for a child to suffer a serious injury from inadequately maintained or faulty playground equipment.”

Emergency rooms across the country treat more than 200,000 children 14 years of age or younger for playground-related injuries, according to the Centers for Disease Control and Prevention. Most of those occur at public playgrounds, including schools and day care centers. Additionally, according to a new Children’s Hospital Medical Center of Cincinnati study of emergency department visits throughout the United States, injuries due to falls from playground equipment result in higher proportion of severe injuries than either bicycle or motor vehicle crashes.

The number one cause of a child’s injuries on playground equipment is lack of adult supervision. Exuberant kids don’t have the ability to properly gauge distances, or foresee potential dangerous situations. Most kids will push their limits when using playground equipment, and proper adult supervision is key to a safe and enjoyable day at the park. Always make sure you have a clear line of sight between you and the apparatus your child is using, to properly monitor their safety. You also need to make sure the equipment is in proper working condition, free of any worn or loose parts, debris or water, which may cause a child to slip and fall off. Falling off playground equipment is the number one cause of injuries. Parents also need to make sure the equipment is appropriate for their child’s age – some equipment may look like fun to a younger child, but they may not be ready to use it safely.

The surface underneath the playground equipment is also a very important factor to consider. Concrete, blacktop and asphalt are considered unsafe surfaces for playgrounds, and even a grass or dirt surfaces do not provide adequate cushioning in the event of a fall. The safest materials are safety-tested rubber mats, or loose filled materials such as shredded rubber, wood chips, mulch, sand or even pea gravel. Always make sure there is at least six inches of depth to provide a suitable cushion, and that the material extends at least six feet past the equipment on which it stands. Keep an eye out for dangerous items, such as broken glass or twisted metal, rocks, tree stumps and tree roots.

A well-designed playground will have distinctly separate areas with equipment for younger and older children. Some climbing equipment and other things like seesaws or “teeter-totters” may not be suitable for younger kids. Check for rusted or worn parts, or equipment with protruding or jagged metal or wooden pieces. And of course, with the intense summer Florida sun, always make sure the surface is not so hot as to cause injury for a child. Stay away from hanging rope swings, which can fray or even form a noose and present a strangulation hazard. According to The National Program for Playground Safety, Florida playgrounds received an overall B+ grade on categories including park supervision, appropriate safety signage, age-appropriate design, fall surfacing and equipment maintenance, among others.

Again, proper adult supervision is the single most important factor in making sure you and your child enjoy all of the playground’s equipment. A child may think they are capable of playing on a specific piece of equipment, only to have second thoughts once they climb aboard. Always stand nearby to provide a safe escape should your child decide that a particular ride is a little too much for him or her to handle safely.

June 29, 2009

Florida injury lawyers remind the public to celebrate safely this July 4th

fireworks.jpgAs millions of Americans prepare to enjoy a fun family holiday celebrating our nation’s birth, Florida injury lawyers are urging those using fireworks to always put safety before sparklers.

“Please celebrate safely,” notes attorney Bruce L. Scheiner, “No one wants to have such a happy event marred by a negligent or careless accident.”

Each year, injuries resulting from improper use and handling of commonly available fireworks and pyrotechnics turn a family gathering into a catastrophe. With the proliferation of roadside fireworks vendors, and even commercial stores open all year, the opportunities for an accident are plentiful.
The National Council on Fireworks Safety notes that hundreds of fireworks injuries are reported every year, and recommend several safety tips:

    1. Use fireworks outdoors only.

    2. Obey local laws. If fireworks are not legal where you live, do not use them.

    3. Always have water in a hose or bucket nearby.

    4. Only use fireworks as intended. Don't try to alter them or combine them.

    5. Never re-light a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

    6. Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

    7. Alcohol and fireworks do not mix. Have a "designated shooter."

    8. Only persons over the age of 12 should be allowed to handle sparklers of any type.

    9. Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.


Even using sparklers on our nation’s birthday requires a few common sense rules. According to the U.S. Consumer Product Safety Commission, (CPSC), approximately 16% of all consumer fireworks injuries are caused by sparklers burning hands
and legs, with the majority of sparkler injuries occurring to young children. These are injuries that would not have occurred if there had been close adult supervision and if some basic safety steps had been followed. The National Council on Fireworks Safety offers these safety steps for sparklers:

1 Children under the age of 12 should not use sparklers without very close adult supervision.
2 Always remain standing while using sparklers.
3 Never hold a child in your arms while using sparklers.
4 Never hold, or light, more than one sparkler at a time.
5 Sparklers and bare feet can be a painful combination. Always wear closed‐\plain toed shoes when using sparklers.
6 Sparkler wire and stick remain hot long after the flame has gone out. Be sure to drop the spent sparklers directly in a bucket of water.
7 Never hand a lighted sparkler to another person. Give them the unlit sparkler and then light it.
8 Always stand at least 6 feet from another person while using sparklers.
9 Never throw sparklers.
10 Show children how to hold sparklers away from their body and at arm’s length.
11 Teach children not to wave sparklers, especially wooden stick sparklers, or run while holding sparklers.

Florida injury lawyers caution you to keep your celebrations safe, and remember the reason behind the big booms and bright colors lighting the night.

May 27, 2009

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

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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.

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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."


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May 11, 2009

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

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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" »

May 6, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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April 21, 2009

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

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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.

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"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 " »

March 12, 2009

Drowning prevention for Florida children can include early swimming lessons

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Swimming lessons for very young children appear to have a protective effect against drowning -- and do not increase a child's risk, as some experts had feared, according to a study released this month by the National Institutes of Health.

Florida injury lawyers and Florida wrongful death attorneys encourage parents to practice water safety with their children. Florida has the highest drowning rate in the nation for children under 5 and Florida child injury attorneys and Florida pool injury lawyers continue to see tragic drowning deaths throughout Southwest Florida, including Fort Myers, Cape Coral, Naples, Lehigh Acres and Bonita Springs.

The recent report states that the finding should ease concerns among health professionals that swimming lessons in children ages 1 to 4 might indirectly increase drowning risk by making parents and caregivers less attentive and less vigilant to children around water.

"Swimming lessons are appropriate for consideration as part of a comprehensive drowning prevention strategy," said Dr. Duane Alexander, of the Eunice Kennedy Shriver National Institute for Child Health and Human Development. "(But) because even the best swimmers can drown, swimming lessons are only one component of a comprehensive drowning prevention strategy that should include pool fencing, adult supervision and training in cardiopulmonary resuscitation."

Florida's high rate of child drowning deaths made it a key area of study for the research, which also includes parts of Maryland, North Carolina, California and Texas.

Of the 61 children ages 1 to 4 who drown, just 2 (3 percent) had received swimming lessons. Meanwhile, 35 of 134 children who did not drown (26 percent) had taken swimming lessons.

The study is careful to caution that swimming lessons are just one part of drowning prevention.

"Parents and caregivers who choose to enroll their children in swimming lessons should be cautioned that this alone will not prevent drowning and that even the most proficient swimmers can drown," study authors wrote.

Florida's Residential Swimming Pool Safety Act requires many home owners to comply with safety standards aimed at preventing human and animal drownings, including a fence or enclosure around the pool area, locking gates, pool covers and alarms on doors and window leading from a residence into a pool area.

If you or someone you love has been seriously injured or killed in a swimming accident, a child injury attorney or Florida personal injury and wrongful death lawyer may be able to help protect your rights. Florida injury lawyers offer free appointments to discuss your rights at offices located throughout Southwest Florida, including Fort Myers, Cape Coral, Naples, Arcadia, Port Charlotte, Sebring and Venice.

Here are some water safety tips for children provided by kidshealth.org:

Continue reading "Drowning prevention for Florida children can include early swimming lessons" »

March 1, 2009

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

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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" »

February 26, 2009

Southwest Florida drunk driving reduced, lives saved because of minimum drinking age, MADD argues

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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.
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"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" »

February 11, 2009

Florida motorists warned of car accidents waiting to happen

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

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

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

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

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

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

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

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

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

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

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Annual average of non-crash fatalities by type:

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

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


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

February 9, 2009

Young drivers twice as likely to text while driving -- four times more likely to crash

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

908295_wasted_youth.jpgYoung drivers -- already four times more likely to get into an accident -- were twice as likely to use a cell phone while driving, according to the AAA study and a survey by FindLaw.

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

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

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

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

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

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

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

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

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

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

Did You Know:

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

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

February 5, 2009

Companies can be liable for injured children even if parents sign waiver, Florida Supreme Court rules

Amusement parks, festivals, daycare centers and other companies and businesses can be held responsible for injuries to children even if the parents sign a waiver, according to a recent ruling by the Florida Supreme Court.

The December 2008 ruling makes clear that such waivers are unenforceable if a lawsuit is brought seeking damages in Florida because of the injury or wrongful death of a child caused on commercial property.

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Florida child injury lawyers and property and premise liability attorneys offer Floridians and visitors to the Sunshine State free professional advice to help advise them of their rights if either they or a loved one is injured or killed on someone else's property.

While the opinion in Kirton v. Fields makes it clear the ruling only involves commercial activities, the court indicated it would not be limited to that in the future and that the ruling could apply to school and other non-profit activities in certain instances.

The ruling stems from a 2003 case in which a father took his 14-year-old son to an ATV park, signed a waiver and then sued after the child was thrown from the vehicle and killed while attempting a jump.

"Business owners owe their patrons a duty of reasonable care and to maintain a safe environment for the activity they provide," Chief Justice Peggy Quince wrote in the majority opinion. The chief justice noted that businesses can provide insurance against injury while children who participate in such commercial activities do not have that option. "If pre-injury releases were permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed."

Judge Harry Anstead concurred, writing that the issue comes down to whether the business was negligent, regardless of a waiver.

"Under today’s (ruling), commercial operators who properly conduct their operations and cannot be demonstrated to have acted negligently will continue to be free of liability," Anstead wrote. "On the other hand, Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission."


Continue reading "Companies can be liable for injured children even if parents sign waiver, Florida Supreme Court rules" »

February 2, 2009

Florida teen driver resources aimed at reducing car accidents in Southwest Florida

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

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

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

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

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

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

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

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

January 23, 2009

Southwest Florida parents warned of dangerous, defective baby cribs

More than half a million Stork Craft Baby Cribs pose an entrapment and suffocation risk, the federal government warned this month.

Florida injury lawyers and the child injury and defective product attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to check their cribs to ensure infant safety.

The Consumer Product Safety Commission has instructed customers to stop using the products immediately.

The recall impacts 535,000 cribs made my Stork Craft Manufacturing Inc. and sold between May 2000 and November 2008. The cribs came in a variety of styles and finishes.

The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails, according to the government.

The cribs were sold at major retailers, such as J.C. Penny, KMart and Walmart and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com the CPSC said.

Stork Craft Manufacturing's name, address and contact information, are located on the assembly instruction sheet, which is attached to the mattress support board. Some models also have the company enscribed on the teething rail.

Customers can contact Stork Craft at (866) 361-3321 to receive a free replacement kit. The company also can be reached online at www.storkcraft.com.

The CPSC also offers general crib safety tips, which parents can find here.

Continue reading "Southwest Florida parents warned of dangerous, defective baby cribs" »

January 19, 2009

Florida motorists, parents should check child seats to prevent injury

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

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

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

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

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

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

Click here for more information about the recall.

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

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

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

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