Florida Injury Lawyer Blog

Teen Tragedy a Stark Reminder of the Risks to Young Drivers and Passengers

July 8, 2023 | Associates and Bruce L. Scheiner

The deaths of five young people in a Fort Myers car accident is a tragic reminder that teenagers are most likely to be seriously injured or killed in a traffic collision.

These accidents are among the most heartbreaking we have handled through half a century of fighting for the rights of victims and families dealing with serious personal injury or wrongful death in Southwest Florida.

WGCU reports the teenagers are believed to have drowned after running off the road along TopGolf Way. Four of them worked at a local restaurant. FOX 4 News reports the five teens drowned after running off the road and into a lake at a high rate of speed. Our deepest condolences go to the families and friends of the victims, all of whom attended or recently graduated from local high schools.

Boating Safety in Focus as Holiday Marks Height of Summer Season

July 6, 2023 | Associates and Bruce L. Scheiner

The July 4 holiday ushers in the height of summer boating season and is a great time to review boating safety.

The boating season got off to a bad start in May after seven people were rescued in the waters between Fort Myers Beach and Sanibel Island, according to FOX4 News.

Passengers called 911 after a collision between a 50-ft sailboat and a 30-foot fishing vessel. The sailboat was anchored outside the channel and was struck by the fishing vessel, according to authorities. That crash occurred just several weeks after a boat struck the base of the Cape Coral bridge and sank.

Hit-and-Run Collisions on the Rise in SWFL

June 6, 2023 | Associates and Bruce L. Scheiner

A rash of hit-and-run collisions in Southwest Florida highlights the growing risks for victims.

FOX4 reports a hit and run was recently caught on cellphone camera in Cape Coral. The video reportedly captured the driver hiding his license plate before fleeing the scene, according to the driver who was struck at Veterans Memorial Parkway and Santa Barbara Boulevard.

WINK News reports a suspected hit-and-run driver was arrested after a hit-and-run accident killed a pedestrian on US-41 in North Fort Myers.

FOX News reports an 83-year-old was killed after being hit twice in a hit and run in Lehigh Acres.

Ride of Silence Puts Focus on Vulnerable Road Users in SWFL

June 2, 2023 | Associates and Bruce L. Scheiner

This month’s Annual Ride of Silence put the focus on keeping cyclists and other vulnerable road users safe on the streets of Southwest Florida.

The North Fort Myers Neighbor reports the 21st annual event was hosted by the Caloosa Riders Bicycle Club. The Silent Ride on May 17 departed from Bell Tower Shops. Our Fort Myers injury lawyers frequently report the increased risk to bicyclists and pedestrians throughout SWFL. In the first three months of this year, 81 bicycle accidents in Lee County were reported, resulting in two deaths. Last year, 319 crashes resulted in nine fatalities.

“The reality is motor vehicle drivers, cyclists and pedestrians all have responsibility for safe mobility,” Norm Nesbitt of Caloosa Riders Bicycle Club, told the publication.

Florida “Move Over” Law Set to Protect Disabled Vehicles

May 30, 2023 | Associates and Bruce L. Scheiner

As summer travel season gets underway, Florida has strengthened its “Move Over” law, which aims to protect law enforcement and other emergency vehicles from the risk of being struck by passing traffic.

While road construction is a year-around (and seemingly never-ending) effort in Southwest Florida, many projects are launched through the summer months before the traffic onslaught that always comes with the winter tourist season. This year may be particularly frustrating as heavy traffic has continuously frustrated motorists since last year’s devastating hurricane.

NBC-2 reports the enhanced law expands the circumstances in which motorists are required to move over and/or slow down for stopped vehicles at the side of the road. Under current law, drivers must vacate the lane closest to stopped law enforcement, emergency, sanitation, utility vehicles, tow trucks or maintenance or construction vehicles that display warning lights. The new bill, approved by lawmakers this spring, would also include all other vehicles pulled over at the side of the road. SB 425 includes disabled motor vehicles displaying warning lights or hazard lights, or using emergency signage or flares, or vehicles that are stopped with one or more persons visibly present.

Rainy Season Brings Accident Risks

May 6, 2023 | Associates and Bruce L. Scheiner

The start of summer rainy season increases accidents risks on the roads of Southwest Florida.

If you are a veteran motorist here in South Florida, you are aware of the startling ferocity of sudden afternoon summer storms, which can quickly eliminate visibility. If you are new to the area, understand driving can quickly become all but impossible and the best move is often to pull over to a safe location and wait out these fast moving thunderstorms.

In either case, reviewing best driving practices can help keep you and your family safe.

May is Motorcycle Safety Awareness Month

May 5, 2023 | Associates and Bruce L. Scheiner

It’s time for motorists to renew efforts to watch for motorcycle riders as Motorcycle Safety Awareness Month signals the beginning of the summer riding season.

Motorcyclists too, should keep safety awareness top of mind by having their bike serviced, riding responsibly, taking a basic or advanced rider safety course, and wearing appropriate safety gear. While most adult riders are not required to wear a helmet under Florida law, our motorcycle injury lawyers in Fort Myers recently wrote about legal changes that could limit or even eliminate a rider’s ability to collect damages when serious head injuries result in a collision with an at-fault driver if the rider was not wearing a helmet.

However, we know most riders keep safety at the forefront and want nothing more than to enjoy South Florida’s summer riding season and to make it home safely to their families. The reality is that the vast majority of motorcycle collisions involving other motor vehicles are the fault of the vehicle’s driver.

Tort Reform Blames Accident Victims – Motorcyclists Beware!

May 4, 2023 | Associates and Bruce L. Scheiner

Changes to Florida’s comparative negligence law will impact the rights of car accident victims found partially at fault for a collision. Changes will also significantly impact the rights of motorcyclists as the summer riding season gets underway.

Florida’s new tort reform law went into effect March 24. Whenever you hear tort reform, you can be assured lawmakers are limiting the rights of injury victims to recover compensation under the guise of protecting corporations from trial lawyers. The reality is that studies continue to show that large jury verdicts have little impact on the overall costs and profits of large insurance corporations. Limiting the rights of victims is just a handout to lobbyists and large insurers, which are routinely among the largest donors to political campaigns in Florida.

Among the most egregious changes (and there are many), is that Florida now follows a modified comparative negligence standard, rather than a pure comparative negligence standard. Under previous law, a victim found to be partially at fault could still collect damages in proportion to the liability of an at-fault motorist. So even if a victim was found at 80 percent fault, he or she could still recover 20 percent damages from another at-fault motorist and his or her insurance carrier. Under the new law, victims found at majority fault (50.1 percent) will be barred from seeking a recovery.

Construction Traffic Accident Risks Abound in SWFL

April 8, 2023 | Associates and Bruce L. Scheiner

Orange construction barrels could be the official spring flower in Southwest Florida.

While construction and repair projects have been unending as the area seeks to recover from Hurricane Ian, spring and summer road construction projects will further strain local roadways and the patience of motorists as summer travel season gets underway.

The Florida Department of Transportation reports 20 major state road projects in Lee County, involving many major roads and intersections, including:

Go for a Walk! Safely!

April 6, 2023 | Associates and Bruce L. Scheiner

April 7 is both National Walking Day and World Health Day. Perhaps not by coincidence.

There is every evidence that walking is one of the best things you can do for your health. The Physical Activity Guidelines for Americans, report walking is a great way to reap the benefits of physical activity, especially for older Americans. Walking can improve cardio vascular health, physical strength and stability in the legs and torso, improve sleep and promote overall health and well-being, including disease prevention and enhanced quality of life.

However, walking can also be dangerous, particularly in Florida. Each year, about 6,000 walkers are killed in traffic collisions; that’s 18 pedestrians a day, 125 every week, according to the U.S. Department of Transportation. Additionally, more than 75,000 are seriously injured, or about one every 7 minutes. Despite far fewer walkers than motorists on the road, pedestrian deaths account for nearly 1 in 5 traffic fatalities.