Florida Injury Lawyer Blog

Trucking Accident Risks on the Rise in South Florida

September 18, 2022 | Associates and Bruce L. Scheiner

Motorists in 2022 are facing a perfect storm of factors that make collisions with semis and large commercial trucks more likely than ever before. This is a particularly critical safety issue because of the extreme risks faced by occupants of passenger vehicles, many of whom are seriously injured or killed when a collision occurs with a tractor-trailer or other large commercial truck. Bicyclists and pedestrians are even more imperiled, as their size disadvantage and lack of a safety cage leave them especially vulnerable during impact.

Despite the well-known risks, trucking collisions are occurring at record levels. Several elements are to blame:

The supply-chain constraints caused by the coronavirus pandemic have put record numbers of overworked truckers on the road.
A nationwide shortage of 100,000 truckers continues to grow as industry consolidation reduces pay and degrades working conditions.
Emergency orders meant to ease supply chains have permitted younger, less experienced truckers to cross state lines.
Large trucking companies are attempting to address the shortage by offering their own training programs and forcing new truckers to work off the debt.
Regulators in the United States have failed to keep pace with some life-saving safety mandates already enforced throughout much of the developed world, including the use of improved underride guards, side underride guards, speed limiters, date recorders, and electronic log books.
The internet economy continues to push an increasing number of large delivery vehicles into local neighborhoods, where streets are not designed for such traffic and bicyclists and pedestrians face additional risks.

Homeowner Liability in Florida Dog Bite Cases

September 15, 2022 | Associates and Bruce L. Scheiner

The recent deadly dog attack on a Florida mail carrier highlights the responsibility of pet owners, regardless of whether an attack occurs on a pet owner’s property.

According to news reports, the mail carrier was on her delivery route when her vehicle broke down in Putnam County. She was attacked by five dogs. Witnesses rushed to her aid, tried to pull the dogs off, and even fired a rifle in an attempt to scare the dogs away. She was taken to the hospital, but died the next day. Neighbors said the dogs were known to be mean and frequently escaped from a fenced area of their owner’s property, once killing another small dog. They said the 61-year-old mail carrier was known for leaving apples with the mail.

Dogs chasing the mailman is a cliche that is sadly rooted in fact. The United States Postal Service reports mail carriers are frequent victims. Last year, more than 5,400 mail carriers were attacked, with more than 200 of those attacks occurring in Florida.

Safe Seniors: Focus on Preventing Falls

September 12, 2022 | Associates and Bruce L. Scheiner

Palm Beach County has launched a program to assist older adults with improving strength and balance in an effort to reduce their risks of fall injuries.

Unintentional falls are the leading cause of deadly injuries among Florida senior citizens. In fact, for many South Florida EMS departments, falls are the most common emergency calls for help. Because Florida is home to a large number of tourists, winter residents, and relocated retirees, many of the calls for help come from concerned out-of-state relatives who cannot reach their elderly loved ones.

Data from the Area Agency on Aging illustrates the yearly toll of fall injuries in Palm Beach County: nearly 250 deaths, 5,000 hospitalizations, and over 14,000 emergency room visits. That equates to nearly 40 emergency room visits every day from falls in Palm Beach County alone.

Pedestrian Safety in Focus as School Year Begins

September 3, 2022 | Associates and Bruce L. Scheiner

Increased focus on pedestrian safety is critical to reducing the risks as the school year gets underway, especially with the year-end holidays and the height of tourist season just around the corner.

South Florida has long been among the deadliest areas in the nation for pedestrians, thanks in large part to its combination of perfect year-round walking weather and imperfect infrastructure planning, the latter of which has resulted in a lack of streetlights and sidewalks in many local neighborhoods. More than 7,000 pedestrians were killed in 2021, compared to 4,000 in 2009, according to Smart Growth America, which publishes an annual report that has been particularly critical of Florida in recent years. Four of the nation’s 10 deadliest cities, and six of the 20 deadliest, are located in the Sunshine State.

Unfortunately, little progress has been made: Each of these cities has seen an increase in pedestrian fatalities in recent years.

Fall Brings Increased Drunk Driving Risks

August 31, 2022 | Associates and Bruce L. Scheiner

As fall sports season gets underway, the National Highway Traffic Safety Administration is reminding motorists to “Drive Sober or Get Pulled Over.”

More than 11,000 motorists are killed each year in traffic collisions involving drunk drivers, accounting for nearly 40 percent of all motor vehicle fatalities. Almost half of all crashes involve a driver who has been drinking. Impaired drivers, speeders, and distracted drivers now account for the vast majority of serious and fatal accidents on the roads.

The nation’s leading road safety organization reports someone dies in a drunk driving collision every 45 minutes.

Pandemic Heightens Traffic Accident Risks

August 28, 2022 | Associates and Bruce L. Scheiner

The coronavirus pandemic has impacted our world in surprising ways. Beyond the immediate effects of the virus on public health, other consequences are now being observed and documented. Early estimates show 2022 is likely to be among the deadliest years for drivers on the road in recent memory an unexpected data point in the stay-at-home era.

While far fewer miles have been traveled in recent years due to the rise of remote work during the COVID pandemic, traffic safety advocates continue to grapple with the increased risk of serious and fatal auto collisions on US roadways.

The National Highway Traffic Safety Administration reports 9,560 people died in the first quarter of 2022. Considering the last three months of the year are typically the deadliest, the nation could see 40,000 traffic deaths for the first time since 1963. Continue reading ›

Bus Stop Safety In Focus as School Year Begins

August 24, 2022 | Associates and Bruce L. Scheiner

As the new school year begins, we want to talk about the importance of bus stop safety.

The vast majority of students in Lee, Collier, and Charlotte counties commute to and from school by bus. When we look at the risks, it’s important to understand that most serious and fatal injuries occur while students are walking to and from bus stops, or while waiting for a bus. Fewer than 10 percent of injuries occur while riding the bus.

Several fatal tragedies in recent years have cast a spotlight on the issue of bus stop safety. With so much at stake for children and parents, our injury lawyers are diligent in evaluating bus stop design and location as contributing factors in serious accidents. However, it’s important for parents to understand that there is much they can do to help protect their children during the morning and afternoon commute.

Speeding Targeted Amid Lack of Pandemic-Era Patience

August 21, 2022 | Associates and Bruce L. Scheiner

COVID has caused widespread change throughout all areas of our society. The way we work and interact with others may never return to pre-COVID norms. Despite the stress, upheaval, and uncertainty, some pandemic consequences have actually improved our quality of life: More time with families, increased emphasis on work-life balance, and new tools for collaboration emerged in the midst of the virus’ tragic toll.

However, there is ample evidence that shorter attention spans and reduced patience have emerged as negative consequences of pandemic isolation. Traffic statistics, for example, show high collision rates, despite a reduction in miles traveled. And specific traffic behaviors, such as road rage, aggressive driving, and speeding, have reached new pandemic highs in 2022.

In fact, the National Highway Traffic Safety Administration (NHTSA) has launched a new safety campaign warning of the dangers of speeding, which is now involved in nearly one-third of all serious and fatal traffic collisions. It seems we have fewer places to go, and more time to get there—but we have less patience than ever before.

Determining Fault in Chain-Reaction Collisions

August 18, 2022 | Associates and Bruce L. Scheiner

A recent 5-vehicle collision on McGregor Boulevard sent three people to the hospital, highlighting the risks of Southwest Florida’s ever-increasing congestion as we approach the start of tourist season.

NBC-2 reported three people were taken to the hospital by the Iona McGregor Fire Department after the multi-car collision occurred in the northbound lanes at A&W Bulb Road. Our car accident lawyers in Fort Myers know these types of collisions can make for complicated injury claims and may even limit your ability to collect damages from at-fault parties in cases where multiple victims are seriously injured.

We have spoken often about Florida’s low mandatory insurance minimums, which require just $10,000 in PIP coverage and $10,000 in property damage. A driver carrying these minimums will not have bodily injury liability coverage to compensate even one victim hurt in a collision, let alone multiple victims. Unfortunately, such crashes have grown increasingly common in Southwest Florida as traffic congestion backs up cars through multiple intersections on busy roads like Cleveland Avenue, Colonial Boulevard, and McGregor Boulevard.

Know Your Auto Insurance Policy

July 25, 2022 | Associates and Bruce L. Scheiner

We are always surprised by the number of accident victims who do not know there way around a standard automobile insurance policy. While our Fort Myers injury lawyers have spilled a lot of ink on these pages discussing the critical need for uninsured/underinsured motorist coverage, we thought it would be worthwhile to take a tour of your entire policy.

We encourage you to review your policy with each renewal period to make sure it is up to date and capable of meeting your needs in the event of a collision. With each renewal, you will receive a “Declaration Page,” which will state all of your coverage basics, including insured drivers, insured vehicles and selected coverages.