Florida Injury Lawyer Blog

After a 14-year legal battle, a Broward County man is set to receive $10.75 million after suffering brain injury in a Florida car accident by a speeding Broward deputy, the Sun-Sentinel reported.

Few accidents are as devastating as those that result in a spinal cord injury or brain injury. As veteran Florida spinal cord injury attorneys, we understand the importance of securing the resources necessary for life-long care.

According to the Centers for Disease Control and Prevention about 200,000 people in the United States are living with a spinal cord injury. As many as 20,000 new cases occur annually. Cost of living with a spinal cord injury is estimated at $30,000 a year, with lifetime costs often exceeding $3 million.

Nearly half of all spinal cord injuries are the result of car accidents.

Brain injuries are even more common, although many of the 1.7 million cases each year involve mild TBI, such as a concussion. Still 52,000 die as a result of traumatic brain injury each year in the United States.

In this case, the 32-year-old man has lived with a brain injury that has left him largely confined to a wheelchair for 14 years after the 1998 accident. The college-bound high-school student was injured when a speeding Broward sheriff's deputy slammed into his vehicle on the way to work.

Complicating this case was law that protects government agencies from liability in excess of $200,000. It illustrates the complex nature of pursuing a government liability claim in Florida and why an experienced law firm must always be called to handle such cases.

A jury ruled that the sheriff's office should pay $30.7 million. However, liability limits prevented the payout. The family ultimately reached agreement with the Broward Sheriff's Office and its former insurance company. The $10.75 million will go to pay for the victim's care.

The settlement requires the legislature to pass a claims bill. The Senate began that process this week with a 37-2 vote.

These are very serious, complex cases. Insurance companies, and even doctors and hospitals, may quickly begin to distance themselves from liability after an accident. We have all seen and marveled at the recovery of Congresswoman Gabby Giffords after she suffered a brain injury in an assassination attempt a year ago. However, it's important to remember that the Congresswoman has had world class health care.

When it comes to rehabilitation, insurance companies may be particularly reticent. Yet it is rehabilitation that will make the greatest difference when it comes to a victim's ability to recover.

When a brain or spinal cord injury occurs, only the most experienced and resourceful law firms should be trusted with a victim's future and a family's financial well-being. Do not speak to the insurance company. Do not sign any paperwork. Do not accept any payments. And do not admit any fault.

Contact an experienced law firm to meet you at home, at their office or in the hospital. The most respected firms in the state will not charge you unless they are successful in making a recovery on your behalf.

Continue reading "Florida Brain Injury Case Highlights Complexity of Brain and Spinal Cord Injury Litigation" »

With the holiday season here, many people in the area have Christmas trees in their homes and businesses. While these festive symbols of the season brighten the holidays, they can also be the source of tragic accidents. That's why it's important to take appropriate safety measures to help avoid a Christmas tree fire in Fort Myers.

From 2005 to 2009, there were more than 200 home fires every year in the U.S. that were the result of a Christmas tree catching fire. These accidents kill more than 10 people and injure nearly 30 residents annually. If that's not bad enough, the holiday fires cost more than $16.5 million in property damage each year. These accidents aren't common, considering they really only happen in the months of December and January, according to the National Fire Protection Association (NFPA). When they do happen though, they're oftentimes serious.

Our Fort Myers injury lawyers understand that one out of every five tree fire accidents is started because someone put a heat source too close to the tree. These accidents are completely preventable. Following a few simple safety measures can help ensure Christmas trees do not catch fire.

Christmas Tree Safety Tips:

-If you're one of those who like to ring in the holidays with an artificial tree, get one that has been labeled as fire resistant or fire retardant.

-If you like to celebrate the holidays with the smell of fresh pine needles, you should pick a tree that doesn't throw its green needles on the ground when you touch it.

-After choosing the perfect spot for your tree, cut an inch or two from the base of its trunk before setting it in its stand.

-Place your tree three feet from walls, fireplaces, heat sources, candles, space heaters, lights or vents.

-You never want to set up your Christmas tree in front of an exit. If it goes up into flames, how are you going to get out?

-Give your tree lots to drink. Provide it with water daily.

-Make sure your tree lights have the approval label of an independent testing laboratory. There are some lights that are designed for indoor use and some for outdoor use, but never for both.

-You never want to connect more than three strands of lights together.

-Shut off the lights on your Christmas tree before you go to bed and before you leave the home.

-When Christmas is over and your tree starts throwing all of its needles on your floor, it's time to get rid of it. Trees that are dried out pose as serious threats for home fires. Don't keep old trees in your home or in your garage.

We wish everyone a safe, happy and fire-free holiday season.

Continue reading "Christmas Tree Fires in Fort Myers are Quick and Unexpected Way to Ruin the Holidays" »

The Edison Mall, Miromar Outlets, Coconut Point, the Coastland Center Mall, Gulf Coast Town Center, Walmart, Best Buy, Target and even some car dealerships will be rolling out their biggest sales of the year to lure in consumers for this year's Black Friday sale.

Unfortunately, this shopping event brings about increased risks for injury in Fort Myers and Naples. The Occupational Safety and Health Administration (OSHA) is here to address some of these risks and to provide companies with some safety tips to help prevent injury to both shoppers and workers on the biggest shopping day of the year.

Crowd-related injuries are a common occurrence during Black Friday sales. Back in 2008, a worker even died during the opening of a Black Friday event. Our Fort Myers injury attorneys would like to remind employers that they have a responsibility to provide employees, shoppers and site guests with safe conditions. Employers should start considering Black Friday safety procedures now to help ensure the safety of everyone on the biggest shopping day of the year and the kickoff to the holiday season.

Setting up for Black Friday:

-Make sure your business has the appropriate security officers and policy personnel to handle large crowds.

-Make sure you have enough employees on the clock. Strategically place these individuals in areas to ensure the safety of the event.

-Make sure all employees are trained on how to properly manage the event.

-Make sure you event meets all required safety measures. Permits and licenses should be obtained and the fire department, the local police and other emergency services are aware of the event.

-Designate an employee to be the contact person to get in touch with emergency responders if needed.

-Place signs throughout the area to indicate restroom location, entrances, exit, store operation hours and locations of sale items.

-Prepare an emergency plan to address the crowd. Train workers to handle these situations.

Before the event:

-Make sure heavily populated areas have barricades and rope lines to manage the crowds.

-Allow customers to enter at individual intervals to break up the rush.

-Designate employee to explain operating procedures to customers.

-Make sure your employees have an effective way to communicate with one another.

-Consider using an internet lottery for popular sale items.

-Make sure that shopping carts and other potential hazards are kept in a safe spot away from crowds.

During your sale event:

-Let all employees and customers know when the doors are about to open.

-Keep security personnel near entrances and exits.

-Keep an eye on your building's maximum occupancy limit. Stop customers from entering once you've reached this limit.

-Provide shoppers with disabilities with a safe way to get in and out of the store.

-Keep emergency exits clear.

-Keep first-aid kits and Automated External Defibrillators (AEDs) on site.

Black Friday is the biggest shopping day of the year and if you're a smart shopper you can snag some great deals. Everyone's urged to be a safe shopper too!

Continue reading "Black Friday Brings About Increased Risks for Injury in Fort Myers" »

The year is flying by and Christmas decorations have already hit storefronts. It's about that time to start Christmas shopping. But before you do, you're urged to check the U.S. Consumer Product Safety Commission's recalled products list and check it twice! Unfortunately, there are many popular household items and children's toys that wind up on this list every year. Defective product injuries should always be handled by a qualified attorney.

Our Fort Myers personal injury attorneys understand the risk; consumers buy products and bring them into their home with no expectation of danger. Sadly, companies are too often more concerned with making a profit than with consumer safety. The CPSC lists defective products on its website to help prevent injury or death from thousands of products under the agency's jurisdiction. The CPSC overlooks products that can pose mechanical, electrical, fire and chemical hazards to you and your family.

Recent items on the CPSC recall list:

Trek Bicycles

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

BB Buggies' Bad Boy Buggies:

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

Target's Children's Frog Mask:

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

Guidecraf's Twist ‘n Sort Toys:

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

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

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

The Bureau of Labor Statistics recently released the preliminary results from its National Census of Fatal Occupational Injuries. The report illustrates the changing trends in fatal work-related accidents in Fort Myers and elsewhere for the 2009-2010 reporting year, according to the Occupation Safety and Health Administration (OSHA).

The newly released statistics report that there were more than 4,500 people that died on the job in 2010.

"No worker should have to sacrifice his or her life to earn a living," says Secretary of Labor Hilda L. Solis.

Our Cape Coral personal injury attorneys understand that approximately 12 workers die because of job-related injuries every single day. In 1970 when the Occupational Safety and Health Act was passed, the National Safety Council concluded that roughly 14,000 employees died every year because of work accidents. Since then, the workforce in the United States has nearly doubled. If you are involved in a work-related accident, it is critical for you to contact an experienced attorney to help you assess the situation and to help you fight for the compensation you deserve.

As the economy gets back on track, the country's workforce is expected to expand even more. Workers are urged to keep an eye out for work-related hazards and to report them to their local OSHA office. With cooperation from both employees and employers, we can all work to enjoy safer workplaces and less job-related fatal accidents.

Since the economy started to recover, the average number of hours worked has seen a slight increase. More hours on the job leads to more work-related accidents.

The 2010 Census of Fatal Occupational Injuries reveals the following information:

-Fatalities experienced by those who were self-employed declined by nearly 10 percent. Less than 1,000 self-employed workers died in 2010.

-Fatalities experienced by those who work in the private mining industry increased from about 100 to nearly 175 from 2009 to 2010. This illustrates a near 75 percent increase.

-The number of construction-related fatalities declined by approximately 10 percent from the previous year. Since 2006, these types of accidents have declined by about 40 percent.

-Fires caused more than 100 work-related deaths. This statistics is the highest since 2003.

-The number of work-related homicides declined by nearly 10 percent. Unfortunately, homicides that involved women saw a near 15 percent increase.

-Non-Hispanic and African-Americans experienced a near 10 percent decline in the number of fatal work injuries from 2009 to 2010.

-Fatal work injuries that involved a police officer increased by about 40 percent. More than 130 officers died on the job in 2010.

-The number of transportation incidents accounted for 2 out of every 5 fatal work accidents in 2010.

-Women experienced a 6 percent increase in the number of work-related accidents while men only experienced a 1 percent increase throughout the year.

-Nearly 30 states in the country reported an increase in the number of work-related fatalities from 2009 to 2010.

Continue reading "New Release Illustrates Dangerous Jobs and Common Work-Related Accidents in Fort Myers and Elsewhere" »

The Fort Myers personal injury lawyers and the staff at Associates and Bruce L. Scheiner, Attorneys for the Injured would like to wish each of you a safe and enjoyable Labor Day weekend. Please celebrate responsibly, don't drink and drive, and stay safe in traveling to see friends and family or to and from your vacation destination this weekend.

AAA reports an estimated 27 million motorists will travel more than 50 miles from home this weekend, increasing the risk of a car accident in Cape Coral, Fort Myers, Port Charlotte or elsewhere in Southwest Florida.

And, as we reported on our Florida Injury Lawyer Blog, authorities will be out in force looking for drunk drivers and other violators. Nationwide, the National Highway Traffic Safety Administration is using the weekend to launch the anti-drunk driving campaign it will use for the next five years: "Drive Sober or Get Pulled Over."

"Law enforcement officers across the country are out in force, cracking down on anyone who breaks the law and drives drunk," said NHTSA Administrator David Strickland. "If you've had too much to drink, don't even think about getting behind the wheel. You may not see them, but they will see you. Don't risk it."

The National Safety Council estimates 400 motorists will be killed on the roads this weekend -- nearly 40,000 will be seriously injured.

Aside from your risks on the road, family gatherings can bring increased risks of dog bite injuries, Fort Myers swimming pool accidents and accidents involving outdoor grills. In fact, grill safety should be a primary focus. After a long summer, many grills are in sad shape.

The National Fire Protection Association reports more than 7,000 house fires are caused by gas and charcoal grills each year. The Consumer Products Safety Commission offers the following grill safety tips in Lee County.

-Always follow the manufacturer's instructions.

-Check for cracks, leaks or faulty hoses.

-Move hoses as far as possible from hot surfaces.

-Replaced damaged equipment.

-Check for leaks and immediately turn off the gas if you smell gas or otherwise detect a leak.

-Do not attempt to make repairs to a tank valve.

Continue reading "Fort Myers Personal Injury Lawyers Wish You a Safe and Enjoyable Labor Day Weekend" »

A tourist died recently after a parasailing accident in Longboat Key. The 31-year-old- from South Carolina was harnessed by an 800 foot rope to the parasailing boat, Almost Heaven, when the boat lost power, according to Florida Wires.

The Coast Guard reports that the tourist fell into the water, from as much as 800 feet in the air, at an unknown speed. The Florida parasailing accident happened about a mile off the shore of Longboat Key. The South Carolina man was pronounced dead at an Anna Maria Island boat ramp.

Our Fort Myers tourist accident attorneys understand that these types of attractions are very dangerous. Despite the number of fatal parasailing accidents over the past few years, parasailing remains unfettered by any safety rules or regulations enforced by state, federal or even local agencies. No one is even able to access accurate statistics regarding parasailing accidents because there is no one agency keeps track of these events.

Witnesses to this Longboat Key parasailing accident say that the man waived to indicate he was okay when he initially landed in the water. At that time, he was still connected to his parachute that allowed him to float in the water. He was wearing a life jacket.

Investigators said that the South Carolina man was unconscious when they finally pulled him out of the water.

"After all these incidents, I can't believe we haven't gotten smarter as an industry," said Mark McCulloh, chairman of the Parasail Safety Council, a nonprofit agency promoting parasailing safety and based in Maitland.

Eight people were on the 28 foot parasailing boat at the time of the accident. All witness statements were consistent. Officials have yet to determine what happened between the time the tourist waved that he was okay and when he became unconscious.

According to the U.S. Coast Guard, the boat was an uninspected vessel. The boat is currently in the hands of the Florida Fish and Wildlife Commission until the investigation is complete.

McCulloh, a former parasail operator, says that the parasailing industry needs strict rules for parasailing. He says that these rules should include maximum wind speed when parasailing, height restrictions and tougher regulations on equipment inspection and types of towlines.

In 2010, the state Legislature tried to strengthen parasailing safety rules and enforcement, but the effort failed after companies complained.

"They don't want anyone regulating them," said McCulloh. "They don't want to conform to some kind of safety parameters they think might interfere with profit or keep them from taking chances."

Currently, the Florida Fish and Wildlife Conservation Commission estimates that there are about 100 commercial parasail operators in the state of Florida. The Parasailing Safety Council reports that there were nearly 400 known accidents that happened from 1990 through September of 2009. These accidents resulted in more than 20 deaths. Again, these statistics are not completely accurate since no one agency keeps track of these events.

If you're planning a parasailing trip, be sure to research the company. Ask how long the company has been in business. Make sure they're licensed by both the state and city or county and exist in a well-established location. Lastly, make sure that the boat’s captain is a U.S. Coast Guard Licensed Captain.

Continue reading "Florida Parasailing Accident Kills South Carolina Tourist" »

Defective products in Fort Myers create substantial hazards for consumers. Holiday weekends can be a particularly dangerous time for both defective product injuries and premise liability injuries in Fort Myers and elsewhere in South Florida.

Our Fort Myers accident lawyers encourage you to check with the Consumer Product Safety Commission for defective product news when making a substantial purchase, such as a crib, gas grill or portable pool. And to use extra caution in supervising children around swimming pools this holiday weekend and throughout the year.

Recent defective product news in South Florida includes:

-A 1-year-old child drowned in the family swimming pool after getting out through a dog door in Deltona Beach, Pet Access Dangers reported. It was the sixth reported drowning in Volusia County so far this year. The site reports 70 percent of preschoolers who drown are in the care of both parents at the time and 75 percent are missing from sight for 5 minutes or less. Even portable pools may pose a significant risk. CNN reported recently that 244 submersion incidents have been reported involving small portable pools in the last decade -- in 209 cases the accident resulted in fatal injuries.

-Those concerned about defective vehicle injuries in Fort Myers should be aware that the Detroit News recently reported a recall of 50,000 Cadillac SRX crossovers, which need to have the airbag reprogrammed. The National Highway Traffic Safety Administration reports the right side airbag won't deploy in a crash if no one is in the front seat -- as a result, backseat passengers may not be fully protected.

-The Consumer Products Safety Commission is warning about the risks of small fireworks, such as bottle rockets and firecrackers, whether defective or not. “From purchase to ignition, know how you and your family can stay safe and which fireworks are allowed in your state if fireworks are part of your July 4th celebration,” said CPSC Chairman Inez Tenenbaum. “Never assume that a fireworks device is safe based on its size and never allow young children to play with or light fireworks. By knowing the dangers of all types of fireworks, consumers can prevent tragedies.”

Last year testing of fireworks shipments found that 43 percent were not compliant with the Federal Hazardous Substance Act, meaning users could be at increased risk of serious or fatal injury.

-The government has also announced a recall of 460,000 bottles and jugs of Pourable NAPAfire and FIREGEL. The gel fuel distributed by Napa Home and Garden of Duluth, Georgia can ignite unexpectedly and splatter onto people and nearby objects, creating the risk of Fort Myers burn injuries and of structure fires. The product was sold at Bed Bath & Beyond, Shopko, Restoration Hardware, and other stores nationwide. Consumers should stop using the fuel and return any unused portion for a full refund.

Continue reading "Fort Myers Defective Products, Premise Liability Issues a Holiday Weekend Danger" »

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

Fireworks accidents in Fort Myers are just one cause. The Florida Department of Health reports children and teenagers are the most likely victims. In fact, the Centers for Disease Control and Prevention reports more than 400 children and teenagers are treated for burn injuries of all types in U.S. emergency rooms every day.

Two-thirds of firework injuries in Florida are to the face, hands and arms. Burns account for nearly 40 percent of injury cases. In 2005, more than 200 emergency room cases were reported involving fireworks in Florida -- nearly all of them around the Fourth of July.

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

-Scald Burn Injuries

-Electric Burns

-Chemical Burns

-Gas Grill Accidents

-Gas Explosions

-Car Accidents

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The National Safety Council uses the month of June every year to recognize National Safety Month. This entire month focuses its efforts on reducing the risks of unintentional injuries in Fort Myers and elsewhere. The most recent focus of this month's safety efforts was the causes and consequences of slips, trips and falls.

Falls are among the top causes of unintentional injuries across the country. These accidents result in nearly 9 million visits to emergency rooms every year. Adults that are 55-years-old and older are more prone to becoming victims of falls. Many times the result of these falls is the inability to lead an active and independent life. Risks of severe injury only increases with age as those who are 65 or older are involved in 4 times as many deadly falls as those in any other age group.

Our Naples personal injury attorneys recognize the severity of these types of accidents. What we also would like to remind you of is that many of these injuries and deaths can be prevented by taking the proper safety measures. Homeowners and business owners are urged to keep their properties maintained and free from slip, trip and fall hazards.

How can a homeowner reduce the risk of a fall accident in their house?:

-Reduce all potential tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Add grab bars and railings where needed.

-Clean up wet floor surfaces immediately and allow to dry completely.

-Improve the lighting throughout the entire house. Improved lighting means improved visibility.

How can an a business owner reduce the risk of a fall on their property?

-Remove all debris from walkways. Make sure floor areas are clear and smooth for visitors.

-Clean up spills or any wet areas as soon as possible.

-Clearly display caution signs warning visitors if a surface may be wet or a tripping hazard may be present.

-Reduce all tripping hazards. Safely secure all loose rugs, tiles and wood panels.

-Ditch the dim, mood lighting. Dimly lit spaces can increase the risks of a fall.

How can an individual prevent their risk of a fall?

-Exercise regularly. Be sure that when you do your exercises that you're focusing on moves that increase leg strength and improve balance.

-Have your eyes checked regularly. Be sure that you eyeglass prescription is up-to-date to maximize vision.

-Talk to your doctor. Check with them to see if any combination of your medications can result in dizziness or drowsiness.

According to the Centers for Disease Control and Prevention, one in every three adults fall each year and many suffer from severe injuries, such as head trauma and hip fractures. These falls can greatly increase your risk of an early death.

Falls are the number one cause of injury death to residents who are 65 and older. Falls are also the number one cause on nonfatal injuries and admissions into the hospital for trauma. In 2009, there were more than 2 million nonfatal fall injuries among older adults that resulted in treatment from an emergency room. More than 581,000 of these older adults were hospitalized. More than 18,000 older adults died from these unintentional injury falls in 2007 alone. During that year, more than 81 percent of all fall victims were older adults. These death rates from falls among older residents have witnessed a significant increase over the last ten years.

Direct medical costs of falls costs more than $19 billion in 2000. Fatal falls totaled roughly $179 million while nonfatal injuries cost approximately $19 billion.

Continue reading "Older Residents More Likely to Die from a Fall Accident in Fort Myers" »

The results are in.

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

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

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

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

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

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

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

The GMAC Driver's Test Highlights:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Now that school has let out for the summer, families are starting to take vacations and spend more time outdoors. It's a good time to put our focus on summertime safety. The National Safety Council is offering their annual month-long June observance on safety awareness in hopes of reducing the number of preventable deaths or serious injuries that could occur this month and beyond.

June is National Safety Month, and this is the first of a series of blogs throughout this month that will focus on safety awareness to reduce the risk of personal injuries or car accidents in Fort Myers.

It's also a good time for our Fort Myers accident lawyers to remind motorists that no matter how safe you are, the negligence of other motorists can lead to serious or fatal injuries. Those involved in an accident, should speak with a qualified attorney and make sure they understand their rights.

Each week in June, the National Safety Council will take on a different topic. Car crashes, overexertion and falls are all leading causes of preventable deaths and injuries. In 2009, there were an estimated 128,200. The recorded total of unintentional deaths in 1992 was 86,777 (lowest recorded total since 1924), which is 47 percent less than the 2009 estimate. Unintentional injuries cost Americans and employers about $693 billion nationally each year, or roughly $5,900 per household.

NSC will focus on the following topics each week:

-June 1-4, Summertime Safety: Summertime accidents often lead to unintentional injuries, so NSC is providing safety and health fact sheets to help prevent these kinds of injuries and fatalities. The key issues to be focused on are distracted driving, teen driving, workplace and off-the-job safety. The organization will be offering various tips on agriculture safety, inside and outside the home safety, environmental safety, road safety and school bus safety.

-June 5-11, Overexertion and How to Prevent it: Hospital emergency rooms treat overexertion frequently with sprains and strains being the most common types of injuries.

-June 12-18, Teen Driving Safety: Teen drivers are the age group most at risk, so promoting safety to this age group is critical to keeping streets and highways safer for everyone.

-June 19-25, Slips, Trips and Falls and How to Prevent them: Not only are older adults more prone to slips and trips, but falls are one of the leading causes of unintentional injuries that require professional medical attention.

-June 26-30, Cell Phone Use While Driving: Distracted driving is a contributing factor to the nation's leading cause of unintentional deaths, which is motor vehicle crashes.

Everyone finds a little extra time during the summer months to do the things they enjoy the most. As you make your summertime to-do list, keep safety in mind as a top priority in order to keep you and your family safe from preventable injuries.

Continue reading "Summertime Safety Targets Injuries and Deaths in Fort Myers Car Accidents" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

-Failure to use defensive driving techniques.

-Lack of recognition by other motorists on the roadways,

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

-Neglecting to follow speed limit.

-Poor road conditions.

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

-Poor weather conditions, especially slippery roads in Florida.

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

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

A 2-year-old boy was shot in the shoulder shortly after midnight in an apartment complex in the 3000 block of 2nd Street, according to WINK News. The young boy was sent to HealthPark Medical Center with a gunshot wound to the shoulder.

An investigation revealed that the toddler was shot inside a Fort Myers apartment. Detectives executed a search warrant for the residence where the shooting happened and found a semiautomatic handgun and a revolver. It is said that four adults and a second child were inside the apartment at the time of the shooting. Police believe that the shooting was accidental. Those involved in the shooting are still being interviewed as the investigation continues.

Our Fort Myers child injury lawyers understand that, while this is a tragic occurrence, these types of accidents happen all too often. Every few months, we hear the tragic case of a child being seriously injured or killed in an accident involving a firearm.

According to Common Sense: About Kids and Guns, adults are urged to keep guns locked away from children at all times. Store ammunition in a separate locked area away from the gun and store the keys in a place where children cannot find them. Parents are also urged to talk with their children about guns, making sure they know the dangers, the consequences and the power of a gun. Teach your children not only to leave all guns alone, but what to do if they run across one. Make sure they tell an adult.

The guns are not the problem. It is the lack of education. And sometimes the lack of respect for firearms. Or just plain carelessness. As a gun owner, or as a homeowner, a Fort Myers premise liability claim could hold you responsible for medical bills, pain and suffering and other costs associated with an accidental shooting. To say nothing of the emotional toll taken by the serious injury or death of a child.

According to ChildrenDefense.org, guns kill more than 3,000 children and teens a year. In 2006, more than 150 children were accidentally killed by guns. Florida experienced more than 10 accidental fatal shootings the same year. With federal statistics showing that nearly half of every household in America has a gun, it is important to be cautious and knowledgeable around firearms.

The National Riffle Association (NRA) offers these tips to parents who own guns to help keep their young ones safe:

-Always keep the gun pointed in a safe direction. NEVER point it at another person. Assume that the gun is always loaded and ready to fire at any moment.

-Be mindful that, when indoors, bullets can penetrate floors, windows, walls and ceilings.

-Always keep the gun unloaded until you're ready to use it. Learn how to safely check to see if the gun is loaded. If you don't know the proper technique, leave it alone.

-Keep your finger off the trigger until you're ready to shoot. When holding the gun, rest your finger on the outside of the trigger guard.

Continue reading "Toddler Hospitalized in Fort Myers Shooting Accident" »

Each month, countless tour buses travel through the area. To the beaches of Fort Myers and Sanibel. To the casino in Immokalee. And on to Key Largo and Miami. These tour buses have a responsibility to transport passengers in as safe a manner as possible. Passengers may feel a little safer after the Federal Motor Carrier Safety Administration (FMCSA) conducted a number of surprise inspections. But the reality is it will do little to help decrease the risk of bus accidents in Fort Myers and elsewhere in the U.S.

Interstate 4 was recently shut down for an hour after a Naples Tour bus caught fire this past weekend, according to the NBC 2. The bus, belonging to Naples Tours, dropped off a group of passengers in Orlando for the weekend and was returning to pick them up when a fire started on the rear-end of the bus, according to the Florida Highway Patrol. The driver reportedly attempted to put out the flames with a fire extinguisher, which failed, and was then forced to sit back and watch as the $80,000 bus went up in flames.

Our Naples personal injury lawyers urge Florida residents and tourists to be cautious when choosing tour bus transportation as the results of the recent federal inspections proved alarming.

As the U.S. Transportation Secretary Ray LaHood recently announced, the FMCSA, along with local and state enforcement agencies, conducted nearly 3,000 surprise passenger bus inspections in a 90-day period. The inspections removed nearly 300 unsafe buses and drivers from our roadways, according to a U.S. Department of Transportation press release.

That means roughly 1 in 10 buses on the road had problems so significant they could not continue to their destination.

"Working side-by-side with our state and local law enforcement partners, we can ensure that every passenger bus company and driver operates as safely as possible," said FMCSA Administrator Anne S. Ferro. "These strike force activities are one of the many effective tools we use year-round to raise the safety bar for commercial buses and drivers on our nation's roadways."

These inspections come after a string of bus accidents throughout the United States, including the recent bus accident in New York that killed 14 passengers.

The Obama Administration recently announced a new Motorcoach Safety Action Plan, which sought to ensure that companies make improvements to their vehicles. Proposed improvements include rules that would require bus companies to install seat belts and electronic on-board recorders on every bus.

Low-fare bus companies have recently been the focus of these investigations. Such companies were accused of running buses that failed to meet safety standards and forcing their driver to work under more grueling schedules. These conditions contributed to the increased risk of passengers being involved in a serious bus accident.

"Safety is our number one priority," said Secretary LaHood. "We will continue to use every resource at our disposal to shut down unsafe passenger bus companies that place motorists at risk and remove drivers from our roads who put passengers in harm's way."

While the government is trying to increase safety measures on tour buses, residents are urged to be cautious when choosing a busing company to travel with. Make sure to check their safety records and don't let the cheapest fair be the deciding factor.

Continue reading "Bus Companies Face Surprise String of Inspections to Decrease Risks of Bus Accidents in Fort Myers and Elsewhere" »

The month of March sees more fatal car accidents than any other month of the year according to a 5-year study analyzing Traffic Statistic Reports conducted by the Florida Department of Highway Safety and Motor Vehicles.

A great deal of these accidents involved spring break vacationers or tourists here during the month of March, which has historically been South Florida's busiest month. Fort Myers personal injury attorneys would like to remind locals and visitors to think twice before driving under the influence during your spring vacation. The stiff Florida penalties for intoxicated driving means you will face jail time, stiff fines and the loss of your driver's license -- in the best case scenario. What's worse, is you could cause a serious or fatal accident that changes your life forever.

Florida DMV notes basic penalties for a first conviction DUI include fines, probation, community service, jail time, license revocation, license reinstatement, skyrocketing insurance premiums, monitoring and DUI school. The state encourages motorists to avoid drinking and driving this spring and avoid turning your spring break into "spring broke."

In 2008, there were 55,278 people arrested for drunk driving in the state of Florida alone and more than 1,000 drunk driving accidents resulted in fatalities. The strict DUI laws are a direct result of these rates.

Drivers that are under the age of 21 that are caught with a Blood Alcohol Content of .02 or higher will have their license administratively suspended for six months among other consequences.

"The Florida Highway Patrol (FHP) isn’t against having a good time. We just want spring breakers to celebrate safely so that no one has to go home in a body bag,” said Captain Mark Welch. “FHP does not tolerate impaired driving, so drive sober and drive safe.”

The Florida Department of Highway Safety and Motor Vehicles would like to offer you this poster, available for download, to remind spring breakers about costs and serious consequences of a DUI.

Continue reading "Spring Break, High Season, Causes Increased Rate of Drunk Driving Accidents" »

Lee and Colliers Counties welcomed more than 7 million visitors last year. The substantial number of tourists on Southwest Florida roads surely caused an increase in Fort Myers car accidents.

Tourists may soon be able to keep their attention on the road with the help of AAA's safe driving feature, allowing drivers to navigate their trips through the safest roads possible. These safe routes have been determined through years of analyzing data of serious injuries and traffic deaths, as Top Tech News reports. Eight states, including Florida, are currently on board with AAA to launch this feature for their state. More states are expected to join.

Fort Myers personal injury attorneys encourage locals to be on the lookout for lost visitors and guests and to practice courteous driving etiquette when sharing the road with our visitors. The safety of everyone on the road relies on practicing safe driving habits.

The Florida Department of Motor Vehicles offers you these tips for sharing the roads with drivers in unfamiliar territory:

-Do not tailgate other drivers. Regardless of where they're from it is important to give yourself the two-second rule. Allow yourself time to respond to another driver's any move.

-Don't drink and drive. An unfamiliar driver and an intoxicated driver create a double-edged sword on the road, increasing the chance for an accident for everyone.

-Stay focused. The more alert you are the more apt you are to respond to sudden or unexpected movements.

-Don't be an aggressive driver. Be sympathetic to the situations of others on the road. Aggressive driving only heightens the possibility of a serious car accident.

Continue reading "AAA to Launch New Application Routing Safest Roads, Could Reduce Fort Myers Car Accidents" »

The Fort Myers personal injury lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured wish each of you a safe and enjoyable spring break; please stay safe, don't drink and drive, and celebrate responsibly.

According to the Lee County Sheriff's Office, 31 categories of statistics are kept for spring break arrest records, including underage drinking, open-container offenses, battery charges and thefts. Accident attorneys in Fort Myers and Cape Coral would like to remind you of one of the deadliest spring break risks -- Fort Myers drunk driving accidents.

The Florida Department of Highway and Safety Vehicles would like you to keep in mind that the state of Florida witnessed more drunk driving accidents in the month of March, spring break, than any other month during the last 5 years.

The National Highway Traffic Safety Administration reports someone is killed in a drunk driving accident every 45 minutes.

Southwest Florida has the luxury of offering many attractions for spring breakers to check out during their stay: Fort Myers Beach, Downtown Fort Myers, The Mercato in Naples, Seminole Casino of Immokalee and Gulf Coast Town Center.

Tips Southwest Florida spring breakers should keep in mind to avoid drunk driving accidents include:

-Don't be afraid to hide the keys from someone who has been drinking. If you know they are planning on driving home, do your part to help keep them and other drivers safe.

-Always go out with a plan. Make sure you have a designated driver, someone who drinks nothing at all, when heading out this spring break.

-Find another way home. If needed, call a taxi, take the bus or get a hotel room.

-Know how to spot a drunk driver. Call 911 if you spot a vehicle that is swerving, brakes erratically, drives on the wrong side of the road or is not abiding by posted speed limits.

Drunk driving can not only cause serious injuries to everyone on the road, but can prove to be a costly recovery process.

Other common dangers faced by spring breakers include premise liability accidents. Hotels, clubs, restaurants and other businesses have an obligation to provide a safe and secure environment for customers and invited guests. Wet floors, loose railings, faulty escalators or elevators and other risks can result in a serious or fatal injury. In each case, a personal injury lawyer in Fort Myers should be consulted to help protect your rights and the future financial well-being of you and your family.

Continue reading "Southwest Florida Spring Break Spot Fears for Fort Myers Drunk Driving Accidents" »

The Affordable Care Act hopes to put you back in charge of your health coverage and care. When you need it most, insurance companies often deny you care. And lack of coverage prevents many people from getting recommended preventive treatment.

Our Fort Myers personal injury lawyers know the strain that lack of insurance puts on a family after a Florida accident. In many cases, even when insurance is available, it may not be sufficient to pay for required medical and rehabilitative care. Often, seeking damages from an at-fault party is the only way to ensure the future financial well-being of you and your family.

The Affordable Care Act will require millions of uninsured Americans to buy insurance. The New York Times thought consumers might want some answers about health insurance from a 20-year veteran of the insurance industry.

What is the most important thing to know about choosing and paying for health insurance? Ignore the marketing material, it just tries to influence you to buy the insurance, it's not meant to explain the benefits thoroughly. Understand that if you are an individual trying to buy insurance, insurers are looking for young and healthy people. If you aren't young or healthy, you will get insurance but you will pay more and you might have less benefits or both.

Whether you are getting insurance on your own or through work, ask to see the actual policy. Pay attention to what's excluded, like transplant coverage, maternity benefits and experimental procedures. Identify what your financial obligations are, including co-pays, premiums, deductibles and co-insurance.

Is there a good place consumers can go for reliable insurance information?

Healthcare.gov is a great source for information. You can enter your information and get rate comparisons for your area. Your state's website is also a useful source.

Are there any kinds of polices that should be avoided?

Stay away from mini-med or limited benefit plans, which are mostly sold through small employers or to individuals. Some large company fast-food chains have been offering these plans. The problem with these policies, even though they have low premiums, is that they also have low lifetime or annual caps on coverage. And some don't even pay for hospitalizations. These plans are due to be eliminated in 2014 when lifetime and annual caps won't be allowed.

Can you fight an insurance claim that has been denied?

Yes, the new health care law allows consumers two layers of review. If you have been denied, fight it, insurers hope you just accept the denial. If you file an appeal the denial will often be reversed.

Continue reading "Understanding health insurance critical in wake of a Fort Myers accident" »

Who said Monday's are quiet? A typical Monday's worth of news in Southwest Florida shows just how dangerous our roads can be at the height of tourism season. Our Fort Myers personal injury lawyers urge you to take driving safety seriously.

And please speak with your teenagers and aging loved ones. The National Highway Traffic Safety Administration reports traffic crashes are the leading cause of death among teens. The only drivers at higher risk are those over the age of 75. Staying safe behind the wheel can be as simple as not driving under the influence, not speeding, and not driving distracted. Statistics show as many as two-thirds of all fatal crashes involve one of those three activities.

The Florida Department of Highway Safety and Motor Vehicles reports 2,563 motorists were killed in Florida car accidents last year -- that's more than seven people a day. Florida is one of the leading states in virtually every major fatal accident category, including bicycle accidents, pedestrian accidents, drunk driving accidents, motorcycle accidents and trucking accidents.

A typical Monday's news:

Women Struck by Deputy's Car: A Naples bicycle accident occurred when a Collier County sheriff's cruiser collided with a bicyclist walking across the street (Warning: this links to graphic video).

Bicyclist Struck by Truck in North Fort Myers: A 57-year-old man is in critical condition after being struck by a pickup on Pine Island Road. The North Fort Myers bicycle accident occurred near Orchid Road.

Crash Causing Delays on Sanibel Causeway: Delays were reported approaching the island as a result of the Sanibel car accident.

Fort Myers Police Search for Suspects in Hit-and-Run: The Fort Myers car accident occurred when a Buick struck two vehicles at State Road 82 and Forum Boulevard.

Relative of Crash Victim wants Traffic Light at Cape Coral Intersection: The intersection of Pine Island Road and Skyline Boulevard is among the county's most-dangerous. There have been 131 accidents and seven deaths in the last five years.

Fort Myers man, 72, Suffers Minor Injuries in School Bus Crash: The Fort Myers school bus accident occurred when the man's truck was rear-ended by a bus carrying 11 elementary students.

Continue reading "Lee County accidents abound on any Monday in Season " »

The Naples boating accident attorneys with Associates and Bruce L. Scheiner, Attorneys for the Injured, have been tracking the outcome of a local Sea-Doo lawsuit that reached a federal jury last week -- A 21-year-old Naples woman saw the $1.75 million she was initially awarded reduced to zero, the Marco Eagle reports.

The woman, who is now a Florida Gulf Coast University student, was injured after slipping from the jet-ski on May 20, 2007. As an inexperienced passenger who had never ridden a personal watercraft prior to the accident, she was unfamiliar with the potential hazards – a point that would become a key issue of courtroom debate.

In an emotional retelling, she told the jury how she sustained serious internal injuries after water from the jet thrust shot inside her. Due to the severity of her injuries, the former cheerleader was required to wear a colostomy bag during the last few months of high school. She has ongoing medical issues from the accident and can only give birth by Caesarean section.

While the jury found the Sea-Doo driver and owner negligent, it found no negligence on the part of the manufacturer, which was the claim of the federal lawsuit.

With the holidays quickly approaching, seasonal visitors will be flocking to beach side hotels, motels and rental properties all over South Florida. That means that inexperienced and veteran boaters alike will be taking to the waterways.

Regardless of warning labels and stickers and even the advice and instruction of rental agents, it’s a good idea for anyone considering boarding a boat or taking a personal watercraft for a spin to take a boater safety course before climbing aboard. At the very least, read the owner’s manual and operator instructions before donning a life vest and heading out to sea.

And despite liability waivers and other actions rental companies take to protect themselves, such steps do not automatically absolve them from the responsibility associated with renting poorly maintained equipment or permitting rentals to customers who clearly lacks the skills or abilities to operate such vehicles in a safe and responsible manner. Those injured in a boating accident or JetSki accident should consult a personal injury lawyer in Fort Myers or Naples to discuss their rights.

The Florida Fish and Wildlife Conservation Commission reports that in 2009 alone, more than 70 percent of those injured in a personal watercraft accident were using borrowed or rented equipment. Operator inexperience, speeding and inattention were the top three leading contributors to South Florida personal watercraft accidents. And, the FWC further noted that most injury accidents involved a passenger or driver falling from the craft or striking another vessel or stationary object.

Continue reading "Watercraft accidents a winter danger in Naples and Fort Myers" »

Tourist accidents in Fort Myers often involve guests who are injured on rental equipment, like Jet Skis, or in other tourists activities, such as parasailing.

The parasailing accident in Clearwater earlier this month offers a stark reminder of how quickly such activities can turn dangerous, or even deadly. It is the second serious parasailing accident in South Florida in as many months and the Fort Myers area is not immune; A mother and her 13-year-old daughter were killed in Fort Myers in 2001 when their tow line broke in stormy weather.

Frequently, these operations will have guests sign a waiver. Such waivers do not absolve operators from serious or fatal injuries caused by negligence. Personal watercraft are responsible for a large number of injuries each year. Renting to kids, renting poorly maintained equipment, and failure to provide proper instruction or safety gear are among the most common causes of injury accidents. Speaking to a Fort Myers personal injury lawyer or wrongful death attorney can help protect your rights in the wake of an accident while visiting Southwest Florida.

In the Clearwater parasailing accident, a 27-year-old woman was critically injured when the tether line snapped, sending her crashing onto the beach. Her fiancee landed in the water and had minor injuries. Local police, the U.S. Coast Guard and the Florida Fish and Wildlife Conservation Commission have launched an investigation into the company responsible for the ride.

Area lifeguards report a major storm had been moving into the area all afternoon. About 2:30 p.m., winds jumped from 7 mph to 22 mph -- the National Weather Service reports gusts over 34 mph. About 3 p.m., the line towing the victim snapped, causing her to crash into the beach while still tethered to the runaway parachute. She reported slammed into beach umbrellas and was dragged through a volleyball court.

A spokesman for the Fish and Wildlife Conservation Commission said there are no rules regulating when parasailing companies can take people out on the water. There is also no law on the amount of insurance an operator must carry.

But when greed or negligence leads to a serious or fatal accident, a business can and should be held responsible.

Continue reading "Parasailing and Jet Ski accidents a danger during Fort Myers tourist season" »

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

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

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" »