Florida Injury Lawyer Blog

Watching 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.

As 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Some things parents and teachers should discuss with teens:

• Don't drink and never drink and drive


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


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


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


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


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


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


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

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

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

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

The head of MADD nationally was even more outspoken.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Did You Know:

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

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

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.

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" »

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

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

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

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

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

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

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

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

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" »

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" »