Florida Injury Lawyer Blog

Helmetless Motorcyclists at Greater Risk Under New Florida Law

November 2, 2023 | Associates and Bruce L. Scheiner

On July 1, 2023, a new law went into effect in Florida that could have a significant impact on helmetless motorcyclists. HB837, also known as the “Comparative Fault” bill, changes how personal injury lawsuits are handled in the state.

Under the old law, Florida followed a system of pure comparative negligence. This meant that even if a plaintiff was partially at fault for their own injuries, they could still recover damages from the defendant, as long as the defendant was also at fault. The amount of damages that the plaintiff could recover would be reduced in proportion to their own negligence.

However, HB837 changes Florida to a modified comparative negligence system with a 51% bar. This means that if a plaintiff is found to be 51% or more at fault for their own injuries, they cannot recover any damages from the defendant, even if the defendant was also at fault.

Cape Coral’s Trunk or Treat: Spooky Fun for All!

October 26, 2023 | Associates and Bruce L. Scheiner

Hey there, fellow Halloween aficionados! It’s that time of year when we don our costumes and get ready for thrills and chills. We’re excited to invite you to the City of Cape Coral’s Trunk or Treat, a night of family-friendly, Halloween-themed fun like no other, and we’re thrilled to be part of it!

Event Details:

📅 When: 10/27/2023

The Vital Importance of Uninsured/Underinsured Motorist Stacking Coverage

October 26, 2023 | Associates and Bruce L. Scheiner

In today’s bustling world, where vehicles are an integral part of our daily lives, accidents can happen in the blink of an eye. While we hope that everyone on the road is adequately insured, the reality is that not all motorists carry sufficient insurance coverage to protect themselves and others. That’s where Uninsured/Underinsured Motorist (UM/UIM) stacking coverage comes into play, and its importance cannot be overstated.

In the 50 years we’ve been in Southwest Florida, we have seen countless clients struggle with the aftermath of accidents involving uninsured or underinsured motorists. In this blog post, we aim to shed light on the significance of UM/UIM stacking coverage and why every responsible driver should consider adding it to their auto insurance policy.

Understanding Uninsured/Underinsured Motorist Coverage

Drunk Driving Risks Increase as Football Season Begins

September 25, 2023 | Associates and Bruce L. Scheiner

Enjoying alcoholic beverages with friends and family, and watching college and pro football, may well be two of the most popular pastimes in the United States. But there is every evidence that the two frequently make for a deadly combination.

At Associates and Bruce L. Scheiner, Attorneys for the Injured, we have spent more than 50 years fighting for the rights of victims and families whose lives have been devastated by the senseless and irresponsible acts committed by those who choose to get behind the wheel after consuming alcohol. While we are also passionate about football, we urge you to be responsible and watch out for each other as the autumn football season begins.

A study published in the journal “Alcoholism: Clinical & Experimental Research,” found eight percent of adult fans were legally drunk while attending pro baseball and football games. That is a staggering statistic when you consider the size of most pro-sports arenas. The study concluded the average stadium of 60,000 would have as many as 4,000 patrons who are intoxicated. Researchers point to tailgating as a primary factor, finding those patrons were 14 times more likely to be legally drunk.

Death of Cyclist Tragic Reminder of Risks in SWFL

September 20, 2023 | Associates and Bruce L. Scheiner

The death of a 73-year-old bicyclist in a North Fort Myers traffic collision is a tragic reminder of the risks faced by vulnerable road users every day in Southwest Florida.

NBC-2 reports the cyclist was struck and killed by a pickup truck at Bayshore Road and Ixora Drive. The man was riding on the shoulder of SR 78, according to the Florida Highway Patrol. Authorities report the cyclist partially entered the path of the truck before being struck.

Our Cape Coral bicycle accident lawyers know cyclists face high risks throughout Southwest Florida. However, we also know that vulnerable road users, including cyclists, pedestrians and motorcycle riders, are also too often blamed for causing or contributing to a traffic collision. It’s important all motorists understand that bicycle riders are entitled to use the roadway and enjoy all of the same rights as the operator of a motor vehicle. Additionally, Florida’s law of contributory negligence still allow a rider or other accident victim to pursue damages against an at fault party even if the rider is found partially at fault for causing a collision.

T-bone Collisions Among the Most Dangerous in SWFL

September 17, 2023 | Associates and Bruce L. Scheiner

South Trail Fire District and Iona McGregor Fire responded to a T-bone crash on Brantley Road Friday; one person had to be extricated from the vehicle and was trauma alerted to the hospital, according to FOX 4 News.

Our car accident lawyers in Cape Coral and Fort Myers know these types of collisions are among the most serious and frequently occur at intersections or when a vehicle enters the roadway from a parking lot or private drive. While these types of collisions account for 13 percent of serious traffic accidents in the United States, they account for nearly 20 percent of all traffic fatalities, according to federal data.

While modern vehicles have become much safer in recent years, direct impact to the side of a vehicle in a t-bone collision leaves occupants vulnerable to serious or fatal injuries. Front- and rear-impact collisions have become safer. But engineers can only do so much when it comes to passenger safety from impact to a vehicle’s long, vulnerable side. Crumple zones that protect occupants from impact to the front and rear are absent, and the close proximity to passengers make them much more vulnerable to cabin intrusion.

Golf Cart Death of 7-year-old in Fort Myers Reportedly Caused by 3-year-old Driver

August 5, 2023 | Associates and Bruce L. Scheiner

The recent death of an adolescent struck by a golf cart driven by a 3-year-old boy has highlighted the risk of golf carts and other vehicles often operated in our Southwest Florida neighborhoods.

CNN reported the 7-year-old was struck on private property in Fort Myers as the 3-year-old rounded a curve.

Florida has recently passed a law that will take effect October 1, requiring drivers of golf carts to have a permit or driver’s license, although the law will apply to public property.

Across the country, more than 6,500 children are hurt by golf carts every year, according to the American Academy of Pediatrics. Just more than half those injured are children under 12.

Expectant Mothers Face High Risk of U.S. Birth Injuries

August 3, 2023 | Associates and Bruce L. Scheiner

It comes as a surprise to few people that the U.S. healthcare industry is a mess. But the unacceptably high risk of birth injuries to infants and mothers has become a national embarrassment.

Most Recently, Florida Atlantic University reports that, while infant mortality rates have fallen, the number of low-birth-weight and preterm births has actually risen in recent years.

And the New York Times recently published an exhaustive study that found even wealthy black children and mothers face significantly higher risks. Our birth injury lawyers in Fort Myers and Cape Coral also note that the risks of all mothers and newborns is highest in the days after they return home. The Times investigation found that deaths among pregnant and new mothers rose sharply during the pandemic.

“Maternal health is widely seen as a key indicator of a society’s overall well-being. Even before the pandemic hit, the United States was the most dangerous place in the industrialized world to have a baby, with the greatest risks concentrated in Black and Native American communities,” The Times reported.

SWFL Drowning Prevention in Focus

August 1, 2023 | Associates and Bruce L. Scheiner

Florida has more than 1.5 millions swimming pools. Many of these are residential pools, but many resort, hotel and public pools and hot tubs are available for year-around enjoyment.

Our Florida swimming pool accident attorneys have noted small children are among those most at risk. This is particularly true for visiting family members and youngsters who do not have regular access to pools and may not have had proper swimming, safety and drowning-prevention training. Unfortunately, a recent report on the risks of young children drowning in the New York Times revealed the risks have not waned in recent years, despite frequent publications of the risks.

The Times reports that the impact of 30 years of drowning prevention efforts appears to have plateaued, and in fact risks have increased for some racial minorities, including blacks and Hispanics.

Driver Blamed for Multi-Vehicle Collision on I-75 in North Fort Myers

July 9, 2023 | Associates and Bruce L. Scheiner

The Fort Myers New Press is reporting a local man has been arrested in a hit-and-run crash that involved eight cars and 18 passengers.

The 19-year-old driver has been charged with nearly 20 violations, including two counts of hit-and-run resulting in serious bodily injury. The crash occurred around 2 a.m. on I-75 in North Fort Myers. The Florida Highway Patrol reports the at-fault driver was traveling at speeds in excess of 130 mph.