Car Accidents

Proposed law would forbid teen drivers from using cell phones; fewer Fort Myers car accidents could result

February 10, 2011 | Associates and Bruce L. Scheiner

The Sun-Sentinel reported that teens at a presentation in a Boca Raton high school auditorium gasp and jeered at the prospect of not being able to use a cell phone while driving.

But as our Fort Myers personal injury lawyers frequently report, Florida is woefully behind when it comes to addressing the issue of distracted driving among teenagers. Proposed new legislation, dubbed the Minor Traffic Safety Act, would do little more than bring the Sunshine State in line with most of the rest of the nation when it comes to limiting a young driver’s ability to use a phone while behind the wheel.

Unfortunately, it would not address text messaging or cell phone use by adult drivers — something that is now illegal in 38 other states, according to the Governor’s Highway Safety Association. As a result, distracted driving continues to be one of the leading causes of car accidents in Fort Myers, Naples and throughout South Florida.

Addressing teen driver distraction, however, is an important start. Teens are at high risk for nearly every poor driving habit, included distracted driving, drunk driving, speeding and riding with too many passengers in the vehicle. Health News Digest recently reported more than 681,000 motorists were involved in an accident with a teen driver in 2008.

The proposed law would ticket minors for sending text messages or talking on the cell phone while driving. The same rules would finally apply to school bus drivers — making Florida one of the last states in the nation to address distracted driving by bus drivers.

The bill would also limit the number of minors who can ride in a car with a teenage driver; a teen would be required to display a tag from their rear-view mirror, which would identify them as a minor.

The measure still needs to become law. Florida lawmakers have failed to act on a number of distracted driving measures during legislative sessions in recent years.
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Red-light camera issue puts focus on intersection accidents in Fort Myers, Cape Coral

February 8, 2011 | Associates and Bruce L. Scheiner

Our injury lawyers in Fort Myers and Cape Coral noted a study released this week by the Insurance Institute for Highway Safety, which contends red-light cameras at intersections have reduced fatal crashes by 24 percent.

“The cities that have the courage to use red light cameras despite the political backlash are saving lives,” says Institute president Adrian Lund.

As we reported two years ago on our Florida Injury Lawyer Blog, authorities are keeping Southwest Florida red-light violators in their crosshairs. Lee County has installed a camera at Colonial Boulevard and Summerlin Road. Collier County and Naples are also experimenting with the cameras. An average of 5,000 crashes a year are reported at Lee County intersections.

Until recently, municipalities could not use the cameras to issue tickets. However former Gov. Charlie Crist signed a law that made it legal to do so beginning July 1, 2010. The state estimates the cameras will bring in about $38 million this fiscal year, and an additional $12 million to local governments. By 2014, revenue to state and local governments could exceed $200 million.

You can bet that means additional cameras will be coming to an intersection near you and tickets will begin arriving in Lee County mailboxes sooner rather than later. In fact, the revenue-generating aspect of the program is what frequently riles detractors.

But the fact remains that red-light runners and those who disobey traffic control devices are a major cause of car accidents in Cape Coral and elsewhere in South Florida.

IIHS reports 676 people were killed and more than 110,000 were injured in traffic accidents caused by red-light runners in 2009. Given those sobering statistics, the organization says its time violators stop being treated as victims. “Somehow, the people who get tickets because they have broken the law have been cast as the victims,” Lund says. “We rarely hear about the real victims – the people who are killed or injured by these lawbreakers.”

The study contends the cameras saved 159 lives from 2004 to 2008. It reports an additional 815 lives could have been saved had the cameras been installed in all 99 U.S. cities with a population over 200,000 during the last five years.

Researchers concluded instances of red-light running decreased by 35 percent in 14 cities that equip intersections with cameras.
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Fort Myers drunk driving accidents a danger on Super Bowl Sunday

February 4, 2011 | Associates and Bruce L. Scheiner

Unfortunately Super Bowl Sunday is known for more than just great food, great friends and great football.

It is also one of the most dangerous days of the year for drunk driving accidents in Fort Myers and throughout the nation. Our Fort Myers injury lawyers encourage you to be a good host, celebrate responsibly and don’t drink and drive.

“Fans Don’t Let Fans Drive Drunk” is a campaign being sponsored by the National Highway Traffic Safety Administration in conjunction with the NFL, Mothers Against Drunk Driving and the HERO Campaign.

Somewhere in America, someone dies in a drunk driving accident every 45 minutes, according to the National Highway Traffic Safety Administration. Nationwide, one-third of all traffic fatalities involve a drunk driver, claiming 10,839 lives in 2009. Florida drunk driving accidents accounted for 904 of the state’s 2,558 traffic deaths that year.

A responsible party host should promote the use of designated drivers.

-Give them a great spot to watch the game. Let them have first pass at the buffet and make sure you have plenty of non-alcoholic drinks.

-Serve plenty of food.

-Serve measured drinks and serve alcoholic drinks one at a time.

-Never serve alcohol to an underage person.

-Determine when to stop serving alcohol — such as an hour before the end of the game — and stick to it. Begin serving coffee and dessert.

-Put the numbers of local cab companies into your phone.

-Be prepared for guests to spend the night if alternatives are not available.

Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead,” NHTSA Administrator David Strickland said. “Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk.”
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Car accidents a leading cause of spinal cord injuries in Fort Myers

January 23, 2011 | Associates and Bruce L. Scheiner

Last week our Cape Coral injury lawyers reported on the risks and complications associated with traumatic brain injury in the wake of the tragic shooting of Gabrielle Giffords. As we said, most brain injury cases are caused by falls and auto accidents, not by assault.

Another type of catastrophic injury associated with car accidents, falls and other types of trauma, is spinal cord injury. Depending on how high in the spine an injury occurs, lower extremities or both lower and upper extremities may be impacted. A high injury near the neck may result in tetraplegia or quadriplegia, which affects arms, truck, legs and pelvic organs. While an injury lower in the spine may result in paraplegia, which affects all or part of the trunks, legs and pelvic organs.
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A spinal cord injury may be complete — meaning no feeling or function survives below the injury site, or partial, meaning the victim may retain some sensory or motor function below the site of the injury.

Leading causes of spinal cord injuries include:

-Motor Vehicle Accidents: Leading cause responsible for nearly half of all spinal cord injuries.

-Violence: 16 percent are caused by violence, including knife and gunshot wounds.

-Falls: Spinal cord injuries in those over the age of 65 are most often caused by a fall.

-Sports and recreational activities: Are responsible for about 12 percent of all spinal cord injuries.

These injuries frequently result in the need for long-term care and can have life-long medical complications, including respiratory and circulatory problems, problems with muscle tone and control and sexual dysfunction, according to the National Institutes of Health.

The Centers for Disease Control and Prevention reports about 200,000 people are living with a spinal cord injury in the United States. About 20,000 new cases occur each year.

The average lifetime medical costs for someone with a spinal cord injury is $500,000 to $3 million, depending on the severity of the injury.

Like with any type of catastrophic injury, seeking experienced legal help is critical. Insurance companies and their attorneys know what is at stake and will often make a fast settlement offer, sometimes even bringing a check to a victim’s home or hospital room. Please do not make any statements or sign any documents until speaking to an experienced and well-qualified law firm.
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Florida distracted driving law an issue even as government and safety advocates debate impact

January 22, 2011 | Associates and Bruce L. Scheiner

As our Fort Myers personal injury attorneys frequently report, Florida is one of the few remaining states that has done nothing to prevent motorists from causing distracted driving accidents by either text messaging or talking on the phone while behind the wheel.

As lawmakers convene in Tallahassee, we urge them to consider, at a minimum, enacting a law that would prohibit teenagers and new drivers from using hand-held cell phones while driving. The National Highway Traffic Safety Administration has labeled distracted driving an “epidemic” that leads to 5,000 deaths and 500,000 injuries each year in the United States.

The USA Today reports that the Insurance Institute for Highway Safety is questioning whether hands-free laws or prohibitions against text messaging are effective. In part because an increasing body of research is suggesting hands-free devices are no safer, and in part because motorists may be attempting to hide their phones in their laps to avoid getting a ticket, and thereby taking their eyes off the road for a longer period of time.

Yet there is no question distracted drivers frequently cause car accidents in Fort Myers, Cape Coral and throughout South Florida. We see it every day. A comprehensive and common sense approach is needed and we think addressing the issue of teen drivers and cell phones is a great place to start.

IIHS President Adrian Lund said distracted driving “is a growing problem in the sense of our recognition of it, but the fact is, it’s always been there.”

U.S. Transportation Secretary Ray LaHood has recently deflected criticism that the department is ignoring other safety issues as a result of hyper-focusing on distracted driving. He points to recent initiatives dealing with better rear-visibility in vehicles, a new five-star rating system and a number of recent recalls. Most of those have been announced since the IIHS first made critical comments about the focus on distracted driving last year.

LaHood said the government is “”laser focused on auto safety, holding automakers accountable for dangerous safety defects that put consumers at risk. … Our roads are the safest they’ve ever been, but we’re not going to stop pressing forward to make them safer.”

He said distracted driving was linked to 10 percent of fatal crashes in 2005. That number increased to 16 percent in 2008 before leveling off last year. The department credits its initiatives and the work of states passing distracted driving laws.
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Fort Myers injury attorney should be consulted in accidents involving hit-and-run motorists, uninsured drivers

January 21, 2011 | Associates and Bruce L. Scheiner

Police are looking for the suspect in a hit-and-run motorcycle accident in Fort Myers, according to

Giffords case illustrates complexity of Traumatic Brain Injury

January 17, 2011 | Associates and Bruce L. Scheiner

The horrific attack on Congresswoman Gabrielle Giffords has brought the issue of Traumatic Brain Injury to the forefront of the national conversation in the last week. The miraculous strides in Giffords’ recovery illustrate the unique nature of brain injuries. What has yet to be mentioned is the likelihood of her medical care exceeding $1 million.

Our Fort Myers accident attorneys understand the complex nature of catastrophic injuries, which can include a Traumatic Brain Injury, spinal cord injury, loss of a limb, loss of eyesight or severe burns. When it comes to Traumatic Brain Injury (or TBI), no two cases are alike.

And such injuries are far more common than many people think. The Centers for Disease Control and Prevention reports about 1.7 million people suffer a Traumatic Brain Injury each year. Of those, about 52,000 will die and 275,000 will be hospitalized. More than 1.3 million will be treated and released from hospital emergency rooms.

Distracted driving, economy, among factors in number of fatal car accidents in Fort Myers, Cape Coral, Naples in 2010

January 16, 2011 | Associates and Bruce L. Scheiner

The Florida Department of Highway Safety and Motor Vehicles reports fewer traffic fatalities occurred in the Sunshine State in 2010 than at any time since the 1970s. A total of 2,430 traffic fatalities were reported in Florida last year — five percent fewer than the 2,563 reported in 2009.

Debate continues over whether traffic deaths will begin to increase again with the economic recovery. The National Safety Council reports a four percent decrease in accidents nationwide last year, although about a dozen states, primarily in the Midwest, had increases last year for the first time since the start of the Great Recession.

Southwest Florida mirrors that trend.

Corrections officer killed in Cape Coral motorcycle accident

January 15, 2011 | Associates and Bruce L. Scheiner

Our Cape Coral motorcycle accident lawyers and the staff at the law offices of Associates and Bruce L. Scheiner, Attorneys for the Injured, would like to extend our condolences to the family of Scott Wheeler, an off duty correction’s deputy who was killed in a motorcycle accident on Wednesday.

The News-Press reports Wheeler’s Yamaha motorcycle collided with a vehicle making a left turn onto Pine Island Road from Skyline Boulevard. The crash happened just before 6 p.m. The investigation is ongoing and no charges have been filed.

Wheeler, 24, has been a correction’s officer since 2008 and leaves behind a fiance, who is pregnant, and two children, ages 4 and 5.

The death was the first traffic fatality of the year in Cape Coral and the third in Lee County, according to the Florida Highway Patrol. It also serves as a tragic reminder to ” Watch for Motorcycles” throughout South Florida’s winter riding season.

The National Highway Traffic Safety Administration reports 5,290 riders were killed in 2008 and more than 96,000 were seriously injured. Florida motorcycle accidents accounted for 523 riding deaths. Only California (537) reported more fatal accidents.

Motorcycles can be hard to see. And their small size makes judging speed difficult at best. As we reported last fall on our Florida Injury Lawyer Blog, the winter is prime riding season in Florida.

The Motorcycle Safety Foundation’s “10 Things All Car, Truck and Bus Drivers Should Know About Motorcycles” are worth repeating often.

-When a motorcycle is involved in an accident with another vehicle — the driver of the other vehicle is usually to blame.

-Motorcycles can be hard to see and can hide in blind spots. Look twice and use extra caution when pulling into the roadway.

-It’s tough to judge a motorcycle’s speed. Assume it’s closer than it appears.

-Don’t rely on a motorcycle’s brake lights — a rider often slows by backing out of the throttle and downshifting.

-Motorcycles often move around within their lane. Don’t crowd them.

-Turn signals on motorcycles do not shut off on their own. Make sure you know a rider’s intentions before proceeding.

-Don’t expect a motorcycle to be able to dodge out of your way.

-Don’t expect a rider to stop on a dime — a motorcycle requires about the same distance to stop as a passenger car.

-Visualize a motorcycle as a person — the rider is just as vulnerable.

-Motorcycle accidents typically result in very serious or fatal injury to the rider. Don’t subject yourself to that guilt for the sake of saving a few seconds of drive time.
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Want to reduce your kid’s risk of a Fort Myers car accident? There’s an app for that

January 9, 2011 | Associates and Bruce L. Scheiner

If you want to prevent your teen from speeding or text messaging while driving, there is an app for that.

Our Cape Coral car accident attorneys reported last week on our Florida Injury Lawyer Blog, that the Countdown2Drive program has been aimed at 13- and 14-year-olds in the latest effort to reduce the risk of teenage car accidents.

But Florida is one of a rapidly dwindling number of states that have no laws on the books that prevent drivers from text messaging. The Governors Highway Safety Association reports 30 states have outlawed text messaging by drivers. Eight others outlaw the use of hand-held cell phones by all drivers, and still others prohibit young drivers from texting or using cell phones while behind the wheel.