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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 recent years, tens of thousands of woman have come forward to report they have suffered severe physical, emotional and financial losses and distress as a direct result of poorly-designed, improperly-tested transvaginal mesh products. The complications reported are devastating. An increasing number of courts are finding these companies liable for designing a defective medical device, failing to warn patients of the danger they faced and causing severe physical pain and mental/ emotional trauma. woman

Recently, one such transvaginal mesh lawsuit was weighed by the U.S. Court of Appeals for the Fourth Circuit, which affirmed the trial court’s verdict in favor of the plaintiff for $3.27 million.

Like so many victims in these cases, this started when plaintiff began seeking treatment for symptoms of stress urinary incontinence, or SUI. This involves unintentional urination during activities such as laughing, sneezing and coughing, and pain during intercourse. The condition continued to worsen, and her physician recommended a number of treatment options. One of those was surgical implantation of a transvaginal mesh device called the Tension-Free Vaginal Tape-Obturator, a device made by Ethicon, a subsidiary of Johnson & Johnson. The device is a sling made with laser-cut mesh, and was a second-generation version of an earlier device made by Ethicon, which meant it was able to bypass the kinds of rigorous testing the U.S. Food & Drug Administration typically requires for new medical devices.  Continue reading →

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The number of people killed in Florida motorcycle accidents is on the rise. bikers

Florida reported that from 2014 to 2015, the number of people killed on motorcycles went from 449 to 554. That’s a more than 23 percent increase, according to early statistics gleaned from accident reports across the state.

Despite only accounting for 3 percent of all registered vehicles in the state, they account for 19 percent of those involved in deadly crashes. That is deeply troubling to our Fort Myers motorcycle safety advocates, who have for decades fought for the rights and well-being of riders.  Continue reading →

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Guardrails are intended to keep motorists and passengers safe from careening into embankments, bridge parapets, signs, lights, signal supports, boulders, utility poles, drainage ditches, trees or bodies of water more than two feet deep.


Generally, they do a good job. Cable guardrails, also sometimes referred to as cable barriers, installed on Florida’s turnpike and I-75 on Alligator Alley served to slash the number of canal crashes along those roads significantly, according to reports.

But now, there is concern that new Alligator Alley guardrails will harm motorists, accident victims, workers and emergency responders.  Continue reading →

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Hit-and-run accidents in Florida are on the rise, according to new data from the Florida Highway Patrol. drivefastsaab

Authorities say there were 9 percent more drivers fleeing the scene of serious accidents last year than in 2014. When compared to 2013 figures, there was an astonishing 17 percent hike.

Florida law requires drivers to stop immediately at the scene of a crash that results in injury or death.  Continue reading →

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Collecting compensation for injuries sustained due to faulty highway design or construction is difficult in Florida, and it was made tougher by a law passed in 2005, codified in F.S. 337.195, limits on liability.highwayturnpike

The statute serves to limit liability for road designers, consultants and contractors and it does so by establishing legal presumptions in their favor in civil litigation. In order to win (and it is possible to prevail), plaintiffs have a tough task of overcoming those strong presumptions in favor of defendants. Generally, it means asserting gross negligence or intentional misconduct that results in injuries or damages. It can also be circumvented when contractors fail to adhere to maintenance of traffic safety plans, as required by the government contract.

Similarly, government entities are protected by sovereign immunity laws, though those have been waived under certain circumstances. Continue reading →

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Associates and Bruce L. Scheiner, Attorneys for the Injured, have long been staunch supporters of motorcycle safety and the right to share the road. Not only have we spent four decades fighting for the rights and interests of injured motorcyclists, we also serve as primary sponsor for Cape Coral Bike Night events.motorcycleshine

The first of those for the 2015-2016 season was held on Saturday, Oct. 10, 2015. Upcoming Cape Coral Bike Night Events are slated for:

  • December 12, 2015
  • February 13, 2016
  • April 9, 2016

Motorcycle ridership among Floridians has grown considerably in recent years. The state reports that as of January 2015, there were nearly 600,000 registered motorcycles in Florida. Many more bike enthusiasts travel to South Florida throughout the winter season to enjoy the amazing year-round riding weather and engage with others who share their passion.

“The Cape Coral Bike Nights have turned into the area’s premier venue for motorcycle enthusiasts in Southwest Florida, and we are pleased to be the primary sponsor,” said Bruce Scheiner, founder and senior attorney of the firm. Continue reading →