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NBC2 is reporting at least 10 people were injured after a hit-and-run accident involving a tour bus.

While our Fort Myers injury lawyers regularly see hit-and-run collisions and underinsured/uninsured motorist accidents, collisions involving tour buses occur less frequently. However, like collisions with tractor-trailers or other large commercial vehicles, such accidents often result in very serious or fatal injuries. tour bus accidents

And, from a legal standpoint, collisions with commercial vehicles are always complex cases, particularly when multiple victims are involved.

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NBC2 is reporting gun deaths involving children are on the rise in Southwest Florida.

According to hospital discharge data, Florida gun deaths involving children under the age of 18 increased from 75 in 2010 to 105 in 2016. Non-fatal hospitalizations and emergency visits were also up substantially. Nationwide, 1,300 kids a year are killed in firearm’s accidents and nearly 6,000 are treated for gunshot wounds, CNN reported. 

“This has been a steadily increasing progression, and if you look at the numbers and statistics, it certainly shows that,” said Nelayda Fonte, a trauma surgeon at Lee Health.gun injury

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Elder care advocates are moving forward with a plan to add a nursing home bill of rights to the Florida Constitution.

Our nursing home neglect attorneys remain alarmed by the state of the nation’s nursing home industry. But perhaps nowhere in the country faces as many challenges as Florida with its aging population. And yet when lawmakers address nursing home issues, it’s more likely than not they are aiming to reduce funding, or supervision, or both.

From fall prevention and treatment of bedsores, to basic emergency planning, the risks are real when it comes to dangers posed by the for-profit nursing home industry. nursing homes

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FOX4 is reporting a fork lift accident claimed the life of a 57-year-old landscaper working at a farm on South Tamiami Trail in Fort Myers.

The man was reportedly repairing the fork lift at the time of the incident and was pronounced dead at the scene. The Occupational Safety and Health Administration is investigating. landscape injury

Work injuries are a common threat in Fort Myers and landscapers are at particularly high risk. Common causes of forklift injuries include forklifts falling from unsecured trailers or docks, workers being struck by forklift, forklifts being driven off docks, workers struck by falling materials, and workers getting crushed between two vehicles.  OSHA estimates nearly 100 employees are killed each year in forklift accidents and more than 35,000 are seriously injured.

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Recently a North Fort Myers woman was arrested and charged with drunk driving after authorities say she nearly caused a secondary accident after she drove through the marked crime scene of a serious injury crash.

Our personal injury attorneys have spent more than 40 years representing those injured or killed in collisions with drunk drivers. We know too well the pain and suffering caused by motorists who get behind the wheel after having too much to drink. It is a leading cause of traffic collisions nationwide– typically blamed for about one-third of fatal crashes each year. In 2016, Florida reported 3,174 road deaths, with 1,342 of those deaths involving a drunk driver. secondary accidents

In this case, the 41-year-old driver was found to be in possession of marijuana and had a blood-alcohol limit of .154, nearly twice the nationwide legal limit of .08.

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While many associate the summer months with higher risk for motorcycle riders, the risk of motorcycle accidents actually hits a peak about this time every winter in Florida.

The weather up north is at its worst. And so is the traffic in Southwest Florida.

Daytona Beach Bike Week takes place March 9 to March 18. And SWFL motorcycle winter riding season is entering its prime. motorcycle accident

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It’s high season in Southwest Florida, which means heavy traffic, frequent fender benders and an increasing number of serious and fatal traffic collisions.

The News-Press is reporting Southwest Florida saw more than 100 traffic deaths last year for the second year in a row.SWFL traffic

Our injury lawyers in Fort Myers remind locals and visitors alike that South Florida roads are consistently among the nation’s deadliest across the board– including car accidents, pedestrian accidents, bicycle accidents and motorcycle accidents.

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In Florida wrongful death lawsuits, there are certain individuals who have the right to pursue such action, either as the personal administrator of the deceased or as dependent survivors of the deceased. These are generally, in order, spouses, minor children, dependent parents and dependent siblings. For anyone who owes child support, however, it should be noted that F.S. 409.25656 allows for garnishment of any personal injury or wrongful death damage award for certain outstanding obligations – including child support. wrongful death attorney

Laws and application vary from state-to-state, but a recent case out of Tennessee challenged similar provisions in that state’s laws.

Ultimately, the state’s highest court awarded a $100,000 settlement in a wrongful death car accident lawsuit to decedent’s husband, who had abandoned both his wife and child shortly after the child was born and who owed a total of $72,000 in child support to his four other unrelated children. That $100,000 settlement is to be garnished for the $72,000 in support, but plaintiff will still receive payment on the rest. Though a state law in Tennessee precludes spouses who abandon (by legal standards) their partners from collecting wrongful death damages for a partner’s death, that law was not in place at the time decedent in this case died.  Continue reading →

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Florida has an unfortunate – and well-deserved – reputation for being one of the most dangerous places for bicyclists. More than 800 cyclists die in collisions with motor vehicles annually, according to the National Highway Traffic Safety Administration, and 18 percent of those fatalities occurred right here in the Sunshine State. A huge part of the problem, say traffic safety experts, is a lack of bicycle-friendly roads and facilities. This brings us to another important issue: Unsafe bicycle paths.bike accident lawyer

This could refer to either a bicycle lane or a pedestrian/ bicycle path not intended for motor vehicle traffic. Although property owners – including the government – have a responsibility to maintain their site in reasonably safe condition for lawful visitors, some claims may be precluded by recreational use statutes. That’s not always going to be the case, so it’s important to at least discuss these matters with an experienced attorney. Most of these types of claims will center on a theory of premises liability. That could mean any individual or entity involved with the bike trail’s design, construction and maintenance could be named a defendant. The duty of care owed by landowners, trail management agencies, non-profit groups and local municipalities is worth investigating.

However, there are a number of possible defenses.  Continue reading →

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A life insurance company has been ordered by the U.S. Court of Appeals for the Sixth Circuit to pay a $200,000 medical bill for an insured who reportedly crashed his dirt bike while under the influence of alcohol.

The life insurance carrier outright denied claimant’s bid for benefits, citing policy exclusion for injuries that arise from the “illegal use of alcohol.” However, the district court ruled – and the appellate court affirmed – this provision, when read and interpreted according to its ordinary meaning, refers to things like drinking alcohol while under the age of 21 or imbibing against a court order. It is inherently different, the court ruled, than engaging in illegal conduct after one has legally consumed the alcohol. That would mean actions like drunk driving would still be covered; it’s not the drinking that was against the law, it was the actions one took after drinking – something not specifically excluded in the policy language. drunk driving accident lawyer

This case is interesting for a few reasons. The first is that it is not your typical car accident lawsuit in that it involves dirt bikes and it happened off-road. Secondly, this was not a plaintiff claiming injury as a result of someone else’s negligence. He conceded his own misconduct caused his injuries. Nonetheless, he argued his life insurance company should be responsible to cover his damages.

According to court records, plaintiff was 22-years-old – of the legal drinking age – five years ago when he and his friend drank alcohol and then proceeded to ride their dirt bikes in a field near their home. While engaging in this, the two crashed. Plaintiff suffered serious injuries. It was ascertained that his blood-alcohol level shortly after the crash was almost nearly twice the legal limit for use of an off-road vehicle in that state. Continue reading →