Florida Injury Lawyer Blog

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

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

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

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

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

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

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

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

Much has been written and reported about the dangers associated with distracted driving. Studies have shown that driving while talking on your cell phone, texting, sending emails or adjusting your MP3 player, among other new-age distractions, can be as deadly as driving while under the influence of alcohol or drugs. But while the focus of most information about this dangerous habit has been largely on those behind the wheel of a car, many may not know that a distracted pedestrian can also cause a tragic car crash.

Research has discovered that many people are unaware of their surroundings while simultaneously walking and using their phone or listening to music. Experiments undertaken by Western Washington University studied groups of pedestrians, and grouped them according to whether they were alone or with other people, were on their cell phone, sending a text message, listening to music through their earphones or simply walking without any electronic devices. The research project found that people who were using cell phones were more likely to walk at a slower pace, change directions more frequently and were less likely to acknowledge others than did those walking while not on their phones. To further test the attentiveness of pedestrians, the researchers added a distracting visual element to the mix – a clown on a unicycle – in order to gauge how many walkers recollected noticing it. Not surprisingly, they found that cell phone users were less likely to have noticed the somewhat unusual activity.

The term for this phenomenon is inattentional blindness, also known as perceptual blindness. While the Western Washington University study was one of the most recent, it was not the first – others have been done by Harvard University, in conjunction with researchers at the University of Illinois – Champagne Urbana. The phrase was first coined in 1992 by Arien Mack, a psychologist at the New School for Social Research, and Irvin Rock of the Department of Psychology at the University of California, Berkeley. The studies typically ask a group of subjects to watch a video or look at a computer screen showing an activity they are asked to follow closely, and afterwards report on what they have seen. In some versions, an intentionally distracting element is added, such as a person in a gorilla suit. Researchers have found that up to 50% of subjects are so focused on watching for what they are told to look for, that they report no recollection of seeing the gorilla suit.

Of course, what all this research means to the man on the street – literally, in this case – is that pedestrians who aren’t paying attention as they walk are in danger of becoming an accident statistic, risking serious injury or even death.

“We’ve all seen people who step out in front of a moving vehicle, oblivious to their surroundings,” says P.J. Scheiner, attorney with Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “These potentially dangerous occurrences can happen in a parking lot, on a sidewalk or any scenario where people and cars are in close proximity.” Florida personal injury lawyers caution you to remain focused while walking near vehicular traffic, and reduce your risk of injury by refraining from the use of distracting electronic devices that may take your attention away from your intended path.

Since 1971, Associates and Bruce L. Scheiner, Personal Injury Lawyers has made it its mission to fight for justice on behalf of those injured due to the negligence of another. If you have suffered an injury involving a vehicle vs. pedestrian accident, we welcome the opportunity to evaluate your circumstances through a no obligation consultation. If we handle your case and fight for your legal rights, you will pay us nothing unless we win. For details, call 1-800-Dial-BLS, or visit www.focusedonjustice.com

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The popularity of organized sports involving young children and teens creates a real danger of sustaining a serious injury for athletes in Florida and throughout the country. From the peewee and Pop Warner leagues up through high school and on college campuses, millions of young sports enthusiasts are injured each year, and they may not even occur during an actual game – more than half of them happen at practice and in training.

Injuries can occur in almost every sporting activity or training session, including golf, soccer, baseball, football, rugby, basketball and several other games. The most serious injuries occur in sports where collisions are a part of the game, but things like torn ligaments and lower back injuries can happen in less strenuous sports, such as golf. Athletes are injured in instances where they don’t warm up or adequately stretch prior to engaging in sports activities, and many happen due to improper or sub-standard safety gear or equipment. Many injuries happen when a player is not in adequate condition to undertake a particular sport, or has not received proper training or conditioning. It is the responsibility of an organization’s coaching staff, team physicians and athletic trainers to ensure that each participant is adequately prepared to play, and to closely monitor the player should an injury occur, Oftentimes, a decision to allow a team member to continue to play after suffering an injury can lead to disastrous results, further aggravating the injury or in some cases, even causing death.

There are several examples of how a sports injury can occur. It may involve product liability, where a child suffers serious injury due to a defective football helmet design.
If a child suffers a severe neck injury when an untrained referee fails to recognize the seriousness of a wrestling hold, there may be the basis for a negligent supervision lawsuit. Even a premise liability lawsuit may be called for if a child breaks a bone in a fall caused by negligent field or clubhouse design or maintenance.

“In Florida, sports, particularly football, is almost like a religion to players, coaches and parents of players,” notes Bruce L. Scheiner, Senior Attorney and Founder of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “We see serious injuries to participants of all ages which may have been preventable had the proper training and safeguards been in place. Sports-related injuries can be devastating to a family, changing their lives forever.”

For school-aged children, most parents sign forms releasing schools from any liability when their child incurs a sports injury while playing a school sport. There can, however, be exceptions to this. Former Lely High School football standout Ereck Plancher, then a 19-year-old freshman wide receiver, collapsed on a University of Central Florida practice field during a March 18, 2008 off-season conditioning workout. He was taken to a hospital, and died about an hour later. An autopsy found that Plancher died from complications due to physical stress, which triggered a sickle cell trait believed to have caused his body to shut down. In people who carry the trait, red blood cells can be malformed, or become sickle-shaped, and stop carrying oxygen to the organs.

According to a report in the Orlando Sentinal, many of the interviews and depositions made public since Plancher’s death have hinged on whether coaches and athletic staff knew Plancher carried the sickle cell trait, and whether Plancher had been informed of that fact before hitting the practice field. Attorneys representing the family have argued that the waiver did not absolve the coaching staff of its responsibility to properly care for Plancher. Referring to the waiver Plancher signed in order to play ball for UCF, Orange County Circuit Court Judge Maura Smith wrote on December 23rd, 2009, “Summary judgment on the affirmative defense of release is denied since the court cannot conclude the release and its language is unequivocal and unambiguous,”

In 2005, a La Salle University (Pennsylvania) football player suffered a concussion while at football practice. A lawsuit filed by Preston Plevretes, now 23, claimed that La Salle medical staff improperly treated him after he sustained the concussion. Despite having continuing symptoms, the lawsuit said, Plevretes was cleared to play in a subsequent game in which a tackle caused brain damage that has left him with speech impediments, memory loss and other issues that require 24-hour care. In November 2009, La Salle University agreed to pay $7.5 million to settle the lawsuit brought by a severely injured player.

According to the National Center for Sports Safety, there are some eye-opening statistics regarding sports-related injuries:

• More than 3.5 million children ages 14 and under receive medical treatment for sports injuries each year.

• Injuries associated with participation in sports and recreational activities account for 21 percent of all traumatic brain injuries among children in the United States.

• Overuse injury, which occurs over time from repeated motion, is responsible for nearly half of all sports injuries to middle-and high-school students. Immature bones, insufficient rest after an injury and poor training or conditioning contribute to overuse injuries among children.

• Most organized sports related injuries (62 percent) occur during practices rather than games. Despite this fact, a third of parents often do not take the same safety precautions during their child's practices as they would for a game.

• A recent survey found that among athletes ages 5 to 14, 15 percent of basketball players, 28 percent of football players, 22 percent of soccer players, 25 percent of baseball players and 12 percent of softball players have been injured while playing their respective sports.

• Children ages 5 to 14 account for nearly 40 percent of all sports-related injuries treated in hospital emergency departments. The rate and severity of sports-related injury increases with a child's age.

“Please review the Safety Checklist: For the Parent on the National Center for Sports Safety website to find out how you can make sports safer for your children,” recommends Bruce Scheiner. “Remember – Safety is No Accident.”

If you have suffered a serious injury while engaging in a sporting activity, our expert team of attorneys can aggressively represent your legal rights, and help you get the financial compensation to which you may be entitled. We are available 24-hours a day, 7 days a week, and will meet with you for a no-obligation case evaluation in one of our 7 area offices, at your home or even in the hospital. And, you pay us no fees or costs unless we win. Contact us at 1-800-Dial-BLS or visit our website www.focusedonjustice.com

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

Everyone knows that if a heart attack or other life-threatening medical emergency strikes, the difference between life and death can be mere moments. In most cases, emergency first responders can access the scene quickly and easily, thanks to advances in technology, global positioning system (GPS) units and advanced training. But, what if you encounter a traumatic injury or serious health condition, and the paramedics can’t find you?

Sadly, that was the case for avid local golfer Phil Hollar when he went out to enjoy a round of golf at a local course. He suffered a heart attack while on the 16th hole, and help was summoned. Unfortunately, although the responding EMTs were able to find the golf course community itself, actually locating Phil on the course proved to be far more difficult.

Phil’s wife, Cher, told the local media that once on scene, there was no one at the facility’s guard gatehouse to provide emergency workers with a layout or map of the course itself. This added precious minutes to the time it took to find him. In this case, those minutes proved to be fatal, and Phil’s life ended, playing the game he loved so dearly.

Now, Cher has begun a campaign to make sure that does not happen again. Working with Lee County EMS, she has taken up the crusade to make sure there are measures in place to ensure emergency workers can pinpoint exactly where an emergency is taking place on the course. Some area courses have a comprehensive emergency plan in place, but it is not legally mandated that they do so.

As a result of Mrs. Hollar’s initiative, Lee County EMS has visited the course to ensure they know the layout of the course, and the facility has provided them with maps of the course to better expedite emergency access. EMS personnel are contacting other local courses in hopes of putting together similar action plans. The need becomes more critical now, as the number of golfers increases dramatically with the arrival of the Southwest Florida tourist season. Mrs. Hollar said that while this is a definite step in the right direction, more needs to be done to ensure golf course facilities have a solid emergency plan in place, with all affected personnel trained to handle such an occurrence.

“What happened to the Hollars’ is a tragic example of how a public facility needs to constantly and diligently work to protect the safety of those who use it,” noted local personal injury attorney P.J. Scheiner, of Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. “let’s hope her efforts, and those of local emergency response agencies, can work to better ensure that these types of situations are eliminated going forward.”

Associates and Bruce L. Scheiner Personal Injury Lawyers has been focused on justice for their clients for nearly four decades, and fight for the legal rights of those injured or killed due to the negligence of another. For detailed information on our results and areas of practice, please explore our website at www.focusedonjustice.com, or call us at 1-800-Dial-BLS to learn more about our areas of expertise and dedication to helping those in need.

A federal law designed to keep swimmers safe may be causing confusion among the thousands of owners and operators of public swimming pools at hotels, condominiums and community associations in Southwest Florida.

On December 19, 2007, President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act, named after the daughter of Nancy Baker and the granddaughter of
former Secretary of State James Baker. Graeme Baker died in a tragic incident in June
2002 after the suction from a spa drain entrapped her under the water. This Act was first introduced by Rep. Debbie Wasserman-Schultz, (D-FL), and was supported by the Baker family and Safe Kids Worldwide.

The Act specifies that on or after December 19, 2008, swimming pool and spa drain
covers available for purchase in the United States must meet specific performance
requirements. Additionally, public swimming pools, wading pools, spas and hot tubs
must meet requirements for installation of compliant drain covers.

There is an annual average of 283 drowning deaths and 2,700 emergency
room-treated submersion injuries involving children younger than 5 in pools
and spas. In addition, from 1997-2007, there were 74 reported incidents associated with suction entrapment, including 9 deaths and 63 injuries. The law is aimed at reducing these deaths and injuries by making pools safer, securing the environment around them, and educating consumers and industry on pool safety.

However, there seems to be a lot of misunderstanding and misinterpretation regarding the new drain cover requirements, and how they need to be installed. Some residential condominium complexes and commercial hospitality establishments are using their own maintenance crews, or unlicensed contractors, to install the grates. The law requires the work be done by certified pool service, residential or commercial contractors, who then must submit paperwork to the state. Adding more concern and confusion, pool contractors warn that some grates which do comply with the Act requiring domed covers to prevent body entrapment don't always meet Florida standards, because they allow water to flow through too quickly.

Locally, Artesian Pools has built 17 commercial pools for residential homeowner associations and condominium communities, including the pools, spas and water features at Tarpon Point in Cape Coral. Service Manager Jeff Inman says they have also done many jobs retrofitting older pools with the newly designed drain covers. “We did the Marco Island Marriott Resort and several others, and I know that there was a lot of confusion as to exactly what the pool owners had to do to comply with the new law,” he says. He goes on to note that “In Collier County, there was a problem with the height of the new covers, and they felt it would cause a tripping or foot injury hazard, but that has all been worked out.”

In Lee County, the Health Department is charged with conducting inspections to ensure all pools other than those at single-family homes are in compliance with Florida codes, but enforcement of the new Virginia Graeme Baker Act is the responsibility of the Consumer Products Safety Commission (CPSC) and the State Attorney’s General. Jim Love, Lee County Health Department Environmental Administrator, notes, “The CPSC does not have the manpower to keep on top of the inspection or compliance process, so, not surprisingly, the insurance carriers of a lot of hotels, resorts and condominium developments are taking it upon themselves to make sure their policy holders are up to date with the new drain cover installations.”

Attorney P.J. Scheiner of Associates and Bruce L. Scheiner Personal Injury Lawyers sees this as a potentially hazardous situation for people swimming in pools which have yet to be converted with the new drain covers. “The laws are very clear when it comes to premise liability,” Scheiner says. “It is the responsibility of the owners of these types of pools to see that they have complied with the new federal law, in order to reduce or eliminate the risk of injuries or even death. If you are staying at a hotel or resort or live at a residential development with a community pool, make sure you ask if their pool drain covers are in compliance with all state and federal mandates.”

Associates and Bruce L. Scheiner Personal Injury Lawyers have been focused on justice for people injured or killed as a result of a negligent property owner or landlord for almost four decades. We can provide the legal expertise and aggressive representation you need to help you attain the compensation you deserve.

It’s no secret that The Sunshine State is a popular vacation destination for hundreds of thousands of visitors from all around the globe, and a part-time haven for a huge number of “snowbirds” from our northern neighbors. In Southwest Florida, our sugar-sand beaches, year-round temperate climate and endless family oriented vacation possibilities draw people here to bask in the idyllic Florida lifestyle.

According to the Lee County Visitor & Convention Bureau, there were 450,000 visitors who came to Lee County in June 2009, with roughly 20,000 of those being from Germany. During 2008, one third of the visitors staying in paid accommodations were from Germany, the United Kingdom, Canada, France and Switzerland.

Many times, however, what may begin as the perfect getaway can turn into a life-altering disaster. An accident that involves someone visiting from a foreign country can be even more traumatic than those involving a Florida resident. There may be language barriers, confusion about Florida laws and the legal rights of non-residents, and other factors which come into play after an automobile, motorcycle, boating, aviation crash or any other injury suffered as a result of the negligence of another. Additionally, with so many foreign visitors attracted to Florida by the abundance of world-renowned theme parks and resort destinations here, many are injured and even killed due to negligent operations or faulty equipment which may be found at some facilities.

According to Attorney Warren Zimmerman of Associates and Bruce L. Scheiner, Personal Injury Lawyers, “The Fourteenth Amendment to the United States Constitution provides, among other things, that no state shall deny to any person within its jurisdiction the equal protection of the laws. The Supreme Court of the United States has pointed out that the Equal Protection Clause upholds the right of access to the courts for foreign nationals and even undocumented aliens. Accordingly, a foreign national or undocumented alien who suffers personal injury in Florida may sue the wrongdoer and recover money damages in the same manner as a U.S. citizen or national.”

At Associates and Bruce L. Scheiner Personal Injury Lawyers, we understand the special circumstances presented when someone visiting Florida from a foreign country is the victim of an accident. Whether it’s a drunk driver who may cause a car crash, or a parasailing accident caused by a negligent operator or equipment, our highly trained and experienced staff of lawyers and support personnel are intimately familiar with handling such occurrences. Our entire team is solely dedicated to providing complete assistance during what can be an extremely traumatic and confusing time. From visiting you in your hospital room or hotel to handling every aspect of putting your life back together,
Bruce L. Scheiner’s more than 39 years of fighting for accident victim’s legal rights makes him a powerful ally to have by your side – every step of the way.

So, no matter where you call home, when it comes to protecting the legal rights of accident victims, we speak your language.

Since the beginning of 2009 twelve passengers or crewmen have gone overboard from cruise ships or ferries. Two of those instances happened during June in the Gulf of Mexico. This prompted investigatory reporter, Ben Montgomery of the St. Petersburg Times to study how individuals wind up in the Gulf or ocean.

Part of the answer is in the abuse of alcohol on board cruise ships. In 2008 13 million Americans (some inspired by the former TV show Love Boat) took cruises, and although the number of deaths while cruising is a relatively small percentage, excessive drinking on board causes accidents both to the individual drinking and other passengers or crew members.

Well-known travel writer and TV producer, Peter Greenberg finally convinced one of the cruise lines, NCL (Norwegian Cruise Line) to allow him, without restriction, to film a television show on-board NCL’s Norwegian Pearl . This television special originally aired on CNBC March 24, 2009, and it has been so popular that it has re-run a number of times. We urge you to check your local television schedules to find out when you can see this very compelling show which is called Cruise Inc. It is part of CNBC’s popular specials which have looked at the airline industry, fast food industry, WalMart and others in a series they call A Week in the Life Of…

In Mr. Greenberg’s interviews on-board the Norwegian Pearl he found out that on-board revenue is a critical part of providing a cruise line its profit. The Norwegian Pearl has a capacity of 2200 passengers and each day, just to break even against costs, the cruise line needs to sell $112,000 worth of beverages. Although some beverages purchased are non-alcoholic, the others are. It is clear that some people on board don’t know when to stop. They are taking advantage of the fact that they don’t need “a designated driver” to get home.

The Norwegian Pearl has a good record of protecting its passengers and crew, but it too has had a “man overboard” problem in the past. They have installed a very comprehensive video safety surveillance system. Details of this are provided by Mr. Greenberg in his show.

Cruise industry experts, just as we do as personal injury lawyers, strongly urge you to encourage everyone on board a cruise to drink responsibly If you or someone you love has been injured on a cruise ship by, or the a result of, an irresponsible drinker (CWI – cruising while intoxicated), or by any other means, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers at 1.800.Dial.BLS.

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

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

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

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

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

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

be at least 15 years old;

provide a Social Security Number;

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

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

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

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

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

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

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

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.

With the dog days of Florida’s sizzling summer and the family travel season in full swing, Florida injury lawyers are urging visitors to our many amusement and theme parks to exercise safety to avoid potential personal injury.

“Whether you are visiting the world-famous resort destinations in Orlando or the local water park or community pool just around the corner, ensuring a safe summer for you and your family means following a few simple rules,” said Attorney PJ Scheiner of Associates and Bruce L. Scheiner, Personal Injury Lawyers.

According to the widely respected website ThemeParkInsider.com founded and edited by Robert Niles, former attractions host at Walt Disney World’s Magic Kingdom, these are the top 10 things to consider to keep your park experience safe and enjoyable:

1. Stay cool, and don't get burned

More visitors suffer from sunburn, rashes, heat exhaustion and heatstroke than all other injuries put together. Water is your best friend in helping prevent heat-related illnesses in theme parks. Chugging water in the park won't help as much as getting well hydrated two to three days before your trip. Put on a waterproof sunscreen before you enter the park, and remember to reapply it throughout the day. A soaking sweat, or a couple of water rides, can wash many sunscreens off. A hat or sun visor can help, too.

2. Be aware of what is around you

Simple collisions are another source of many theme park injuries. Be aware of where you are, and who is around you. Don't stumble into someone else, or worse, trip over a child in a stroller. And if you're the one pushing a stroller, be courteous - watch where you are walking so that you don't crash into others' legs and feet.

3. Stay away from where you don't belong

Never enter a restricted area in a theme or water park. Don't climb or hop fences or walk through employee-only gates. If you drop a hat or other item that falls into a restricted area, such as under a roller coaster, ask a park employee for help.

4. Know your limits

Read an attraction's boarding restrictions before you get in line. If you are pregnant, have pain or injuries in your back or neck, or have a heart condition, you will not be able to go on some rides. If you are shorter than five feet, or taller than six, you'll also encounter rides where you will either not be permitted, or won't be comfortable. Some parks make special seats available on select rides for larger visitors – just ask. People who are overweight often have high blood pressure, which could put them at higher risk on some high-speed, twisty rides. If you have high blood pressure, or think you might, skip the big roller coasters and simulator rides until you've checked with a doctor. You can always stop by a park's Guest Relations office, usually located near the front gate, if you still have questions about which rides will be appropriate and comfortable for you and your group.

5. Know your health

Of course, you need to know if you have a health condition that should keep you off certain rides. If you haven't had a check-up within the past 12 months, make that a top priority before your next theme park visit. The same holds for your kids, too. Too many incidents that occur in theme parks are the result of undiagnosed medical conditions. Know your health condition, and that of your children, before you visit.

6. Don't cheat

Don't "cheat" or ignore the rules to get on a ride where you don't belong. You might think a ride looks tame enough for you. But sometimes there are potential problems on a ride that most visitors can't see -- a hidden drop or turn, a sudden stop, or a portable ladder that riders will have to descend if the ride shuts down. Don't think that you know more about a ride than the park does. If they tell you not to ride, don't. And don't even think about cutting in line. Nothing provokes more fights and nasty exchanges in theme parks than impatient folks who won't wait their turn. It's not worth getting thrown out of the park just to save a couple minutes in line. Don't take it upon yourself to enforce the rules, though. If you see line jumping, please report it to the nearest employee at the ride or, if possible, a security officer.

7. Stay in to stay safe

On any theme park ride, keep your rear on the seat, your hands on the grab bar and your feet and knees inside the car. And don't crowd others who might be exiting when you are getting on. If there is no grab bar, keep your hands on your lap. If you are riding a "floorless" coaster, relax your legs and let them dangle underneath you. Don't kick them out to the side or front. If you are on a ride with a lap bar, seat belt or safety harness, make sure that it is in place, snug and locked. If the ride starts to move and your restraint is not in place, immediately call for help. Do not get on or off a ride until you've been given the okay by an attendant to do so. Make sure that your vehicle has stopped next to the unload platform before you get off. Often, vehicles stop short of the unload platform to wait for groups up ahead to exit.

8. Ride 'er easy, cowboy

Some rides, especially roller coasters and simulator rides, can whip your head around, leaving you at risk for headaches as well as more serious head or neck injuries. On those types of rides, sit in the middle of the chair and don't slouch or lean to one side. Relax, but do not go limp. You want to keep your balance in the seat. When the seat pitches you to the left, relax your torso and bend to the right to keep your head upright and centered. Again, if you are prone to headaches, have any neck or back problems, or have been diagnosed with an aneurysm, do not get on any roller coaster or simulator ride.

9. Help the kids

If you are visiting with a child, take a moment to explain the ride to them, and tell them how they should behave. They are depending upon you to keep them safe. Set a good example for them by following the rules above, and make sure that they know you expect them to follow those rules, too. Kids get tired, and tired kids make parents even more tired. When you are tired, you are more likely to get hurt, both physically and emotionally. Consider a mid-day break, perhaps a swim back at the hotel, to avoid the peak heat and crowds.

10. Alert staff about problems

If you see something wrong -- a broken restraint, a person jumping the line, or anything else that could jeopardize the safety of a park guest -- alert a park employee immediately. They are there to help keep you safe.

According to the U.S. Consumer Product Safety Commission, (CPSC), there have been more than 15,000 amusement ride-related injuries in the U.S. per year since 2001. The CPSC tracks statistics for all amusement ride accidents, not just at the wildly popular Florida theme parks. These accidents may also occur at traveling carnivals and fairs, on portable inflatable attractions, and on fixed-site amusements such as roller coasters.

Oftentimes, the negligent operation of the ride or the facility itself can result in a serious injury or even death. The International Association of Amusement Parks and Attractions, (IAAPA), a trade association for permanent amusement park facilities, reports that 300 million people visit amusement parks each year. Accidents can, and do occur, and Florida personal injury lawyers continue to remind people that safety is the number one priority.

HAVE A SAFE SUMMER

Our family of nearly 100 support staff and attorneys at Associates & Bruce L. Scheiner Personal Injury Lawyers encourage people to safely enjoy the cool splash of a water park slide or the exhilaration of a monstrous thrill ride this summer. If you or a family member has become the victim of an amusement or theme park accident, let us help you fight for your legal rights, and the fair compensation you may deserve after a catastrophic injury has turned your world upside down.

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

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

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

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

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

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

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

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

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

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

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

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

Major causes of road rage:

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

Stress-causing behavior by other drivers:

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

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

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

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

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

Everyone at Associates and Bruce L. Scheiner, Personal Injury Lawyers wishes Florida residents a safe, peaceful summer and an uneventful hurricane season.

We also urge you to be prepared.

"While in the end it will be up to Mother Nature, nothing ensures a safe hurricane season as much as a prepared household, business or family," said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. "If you live in Colorado, prepare for winter. If you live in South Florida, prepare for hurricane season. Do it now, not at the last minute when stores are sold out and packed with last-minute shoppers."

Emergency paperwork in a waterproof container, food, water, tarps, batteries, and other supplies should be collected now. The family should have an action plan and a communication plan now. And other safety, like driving in inclement weather and the proper use of generators (well-ventilated area, never use indoors) should be reviewed.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, has a public service announcement in this year's WINK News hurricane guide.

The News-Press, which also sponsored this year's hurricane guide, has extensive information on its website.

The Red Cross recommends the following safety steps and tips to prepare for a hurricane:

Assemble a Disaster Supplies Kit

Gather emergency supplies including: emergency medications, nonperishable foods, a non-electric can opener, bottled water (at least three gallons per day per person), a battery-powered radio, flashlight, extra batteries, extra clothes, important documents, cash and credit cards, a first aid kit and other items for infants, elderly or disabled family members and pets

Store supplies in a waterproof, easy-to-carry container, such as a plastic tub with handles

Prepare a Personal Evacuation Plan

Identify an evacuation route ahead of time; discuss with family members

If advised to evacuate, do so immediately

In case of evacuation to an American Red Cross shelter, be sure to bring the disaster supplies kit, medications, extra clothing, pillows and blankets and other hygiene and comfort supplies

Make advance preparations for pets so you can bring them with you when you leave, but remember, due to health department regulations, pets aren't allowed in public shelters

Prepare for High Winds

Measure windows and obtain shutters or cut plywood to cover each one

Remove diseased and damaged tree limbs well before a storm strikes

Strengthen garage doors with vertical support beams made from 2x4's and "L" brackets

Get professional help if needed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The public is invited to "Let's Support our Troops Day," Saturday April 25 from 1 to 7 p.m. at Harley-Davidson of Fort Myers, 2160 Colonial Boulevard in Fort Myers.

Sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers, Harley-Davidson and the American Heroes Foundation, the event will honor troops fighting in Afghanistan and Iraq.

The event is the result of nearly two years of effort by Kaye Caple, a Southwest Florida resident who first started in her quest to support the troops by making holiday ornaments and selling them to raise money to mail needed items to our troops.

To date, the Adopt-A-Troop Foundation has shipped over 625 packages to our service men and women overseas.

The event will include Opening Ceremonies provided by the United States Naval Base at Key West. The United States Army, Marines and Coast Guard will be at the event and will showcase some of their military equipment including a Rockwell and Humvee demonstration.

The Ryan Rust Racing Team will sign autographs and their race car will be on display.

There will also be an on-site walking Poker Run, scavenger hunt and 50/50 raffle.

Participants are invited to come enjoy the vendors, food and music and support a worthwhile cause. All proceeds will go to our service men and women who are currently serving in Iraq and Afghanistan.

In addition to financial donations, the organization also will accept specific items to help fill the packages. For a list of items, visit www.adoptatroop.net and click on packages.

For more information, please visit www.adoptatroop.net or call Kaye at 239-671-8456.

Continue reading " "Let's Support our Troops Day" is Saturday April 25 in Fort Myers, proudly sponsored by Associates and Bruce L. Scheiner, Personal Injury Lawyers" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strategies for Safer Driving

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

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

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

A Southwest Florida elder-care facility may have been negligent in the smothering death of a 72-year-old resident, according to a state probe, which found some evidence of neglect or abuse.

Florida nursing home neglect lawyers and elder abuse attorneys encourage residents throughout Southwest Florida to carefully check a facility where they are considering placement of a loved one.

Florida law governing nursing homes and assisted living facilities, including the residents' bill of rights, can be found by clicking here.

"There are some very, very good nursing homes," Florida personal injury attorney Bruce L. Scheiner, of Associates and Bruce L. Scheiner, Personal Injury Lawyers, told FOX4 news in a television interview about this most recent incident. "But there are also nursing homes where I would not want one of my loved ones to step foot inside."

The 72-year-old resident of Hidden Oaks Retirement Center was smothered to death in the Alzheimer's unit after an argument over a blanket with roommate Kenneth Knauf, an 87-year-old retired U.S. diplomat.

Another report says the Fort Myers center broke several rules or laws, including falsifying a record, failing to keep the two residents safe and train staff properly, according to an article in The News-Press of Fort Myers.

Department of Children and Families closed its investigation earlier this month with findings of inadequate supervision. DCF has investigated seven allegations of abuse or neglect at Hidden Oaks in the last three years -- Two were closed with findings, DCF spokeswoman Erin Gillespie told injury-lawyer-florida.com

The Agency for Health Care Administration reported the fight went on for half an hour and the 911 call was not made until about 10 minutes after the resident was found by employees, who tried to perform CPR.

The report highlighted the home's failure to comply with residents' bill of rights. The News-Press reported that failure to take corrective action could result in the state shutting the facility down or preventing the facility from accepting any new residents

Attorney Scheiner encourages anyone with a friend or loved one in a nursing home, assisted living facility or other elder care environment to familiarize themselves with Florida's residents' bill of rights.

Florida's Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

Additional useful information, including inspection reports and other data on Florida facilities can be found by clicking here.

Continue reading "Southwest Florida elderly abuse and neglect in the news as state probe found some evidence of neglect or abuse at Fort Myers facility" »

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The head of MADD nationally was even more outspoken.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Click here for a complete list of intersections.

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

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" »

Nursing home neglect and elder abuse is in the news is Southwest Florida after the second serious incident in less than a month.

Florida personal injury attorney Bruce L. Scheiner, founder and senior attorney of Associates and Bruce L. Scheiner, Personal Injury Lawyers, provided advice to FOX4 news viewers on Friday after the station reported the rape of an elderly Alzheimer's patient in a Lehigh Acres nursing home.

The woman was reportedly raped by a resident who had previously been caught fondling the patient and warned to stay away from the women, according to the report from the Lee County Sheriff's Office.

"The nursing home has an absolute obligation to report a crime as soon as they become aware of it," Scheiner said. "People put their loved one in a nursing home to provide a safe environment."

A separate incident occurred in January at a different facility and resulted in the death of a 72-year-old resident after he was reportedly smothered by an 87-year-old man in the Alzheimer's unit.

Scheiner said intent often factors into whether someone committed a crime and circumstances can be complicated by Alzheimer's and other aging issues. But the home has an obligation to provide its residents a safe environment -- just as they are required to do with an aging resident in danger of wandering away.

"It wouldn't be appropriate to allow them to wander down the street and drown in a pond or get hit by a car," Scheiner said.

Scheiner suggests people looking at nursing homes tour the facility, talk to employees, speak with outside doctors familiar with local nursing homes and check state websites for incident and inspection reports.

Florida's Agency for Health Care Administration offers a statewide nursing home guide, watch list, and other information useful in making such decisions. Click here for more information.

"There are some very, very good nursing homes," Scheiner said. "But there are also nursing homes where I would not want one of my loved ones to step foot inside."

FOX4's interview with Bruce L. Scheiner airs Friday Feb. 6 at 10 p.m. throughout Southwest Florida.

Continue reading "Bruce L. Scheiner interviewed about nursing home care, elder neglect and abuse in Southwest Florida" »

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

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

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

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

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

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

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

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

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

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

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

The new year brings new rules for public and semi-public swimming pools as authorities seek to reduce swimming pool accidents and drowning risk during Southwest Florida's prime tourist season.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers wish everyone a safe and happy winter season but want to remind visitors and residents alike that the winter months often bring increased danger of accidental drowning.

Florida has the highest drowning rate for small children of any state in the nation. Last spring, in Cape Coral alone, five people drowned and three others were hospitalized. For children under 5, Florida drowning rate is twice the national average, with most deaths occurring in residential swimming pools.

Nationally, drowning is the second-leading cause of accidental death for children under 14.

“I think a lot of times it’s just those few moments when a pool gate was left open or a sliding glass door was left open,” pediatrician Dr. Stan Wiggins told NBC-2 recently. Wiggins said it is especially important for grandparents to make sure their pool area is secure when children come to visit.

Pediatricians also advise parents, grandparents and care givers to learn child and infant CPR.

The new year also brings with it new laws requiring safer pool drains and systems designed to reduce the risk of entrapment. On Dec. 19, the Consumer Product Safety Commission began requiring the improvements on hotel, apartment and condo pools.

Lee County ranks fourth in the state for the highest number of residential swimming pools. In fact, the recent real estate boom brought more new residential swimming pools to Fort Myers, Cape Coral, Lehigh Acres, Bonita Springs and the surrounding area than anywhere else in Florida.

Newer swimming pools must include certain mandatory safety features, including a pool surrounding at least 4-foot tall, self-closing and self-locking pool entries and door and window alarms between the home and pool area.

Pool owners – whether hotel, home or condo – have certain legal responsibilities.

Continue reading "Pool rules, awareness seek to prevent drowning in Southwest Florida" »