car accidents

Traffic Accident Risks Impacted by Driver Attitudes

July 30, 2020 | Associates and Bruce L. Scheiner

The AAA Foundation for Traffic Safety has issued its 22nd annual “Traffic Safety Culture Index,” which aims to measure the prevalence of common road risks, and drivers’ reactions to them.

The study measures drivers’ perceived danger, risk of getting caught, perceived social approval for risky driving, and their support for laws and policies designed to curtail such risks.

Our injury lawyers in Fort Myers and Cape Coral know the vast majority of traffic “accidents,” are in reality caused by one or more driver errors or poor driving behaviors. Measuring perception helps tell safety advocates where to best focus their attention and public awareness campaigns.

Elderly Drivers at Risk During COVID Lockdown

July 29, 2020 | Associates and Bruce L. Scheiner

Our car accident attorneys in Fort Myers and Cape Coral know elderly driving accidents can be caused by a number of factors, including deteriorating eyesight, muscle stiffness and slowed reaction, prescription drug use, and declining mental acuity.

These risk factors counter a number of safe driving habits routinely adopted by older drivers, including obeying the speed limit, wearing seat belts and often driving during daylight off-peak hours.

Unfortunately, the impact of the COVID quarantine means we do not have the same opportunities to check on our older loved ones. They may also be cut off from social functions that would otherwise have kept them more active and engaged. While many businesses, including grocery stores, have adopted senior hours to help keep older populations safer, these are not enough to counteract the negative impact of months of isolation.

Fourth of July Travel Safety in Southwest Florida

July 3, 2020 | Associates and Bruce L. Scheiner

Our injury lawyers in Fort Myers and Cape Coral wish each of you a safe Fourth of July weekend. Please be mindful of the pandemic restrictions and social distancing requirements, but find time to enjoy yourself with close friends and family.

July is typically among the quietest times of the year on the roads in Southwest Florida. But July 4th always brings peak travel and this year is expected to be no different. In many cases, people are hitting the road precisely because they have been quarantining at home since the spring and vehicle travel offers the best option to get out of the house while maintaining social distancing and minimizing exposure.

RV and camping resorts and sales centers are reporting record sales and bookings. Combined with hotel and resort closures, the COVID restrictions make planning your trip more important than ever. Know your destination. Make sure they are expecting you.

Media Blamed for Downplaying Liability in Traffic “Accidents”

December 18, 2019 | Associates and Bruce L. Scheiner

A recent report published by City Lab highlights the role media plays in downplaying the fault of drivers for causing auto “accidents.”

Safety advocates have long complained that media outlets tend to blame pedestrians and cyclists who are hit by cars. Research suggests they’re right. But our Fort Myers injury lawyers know the issue also includes motorcycle accidents and a significant number of vehicle-on-vehicle collisions.

The term “accident” is almost always a misnomer; the vast majority of serious and fatal traffic collisions in Southwest Florida are caused by avoidable driver error. Media coverage, and official crash investigations may tell part of the story. But an immediate and thorough review of the evidence by an experienced personal injury law firm can serve to uncover additional factors of causation, and may even uncover error or bias on the part of the investigative agency or one or more involved parties.

Distraction a Primary Car Accident Threat in SWFL

April 25, 2019 | Associates and Bruce L. Scheiner

As we end Distracted Driving Awareness Month we wanted to take a look at the most common causes of driver distraction besides cell phones.

Without question, introduction of the smartphone in the last decade has been the biggest factor when it comes to the increased risk of distracted drivers on the road. Today’s drivers not only use their phones to talk and text, but also for navigation, music, and social media. Each of these activities involves all three types of distraction – visual, cognitive and manual – making them among the most dangerous distractive behaviors engaged in by drivers.

But similar concerns met introduction of the AM radio into automobiles, as well as introduction of the 8-track tape deck as a standard option in the 1960s. When it comes to driver distraction, our car accident lawyers in Fort Myers and Cape Coral know it’s a safety mindset that will best protect you from being involved in a collision.

Court Affirms $11M Defective Vehicle Verdict

July 15, 2017 | Associates and Bruce L. Scheiner

An $11 million verdict stemming from a claim of a defective vehicle resulting in a fatal crash was affirmed by the U.S. Court of Appeals for the Eighth Circuit. Among the plaintiffs were family members of decedents, as well as one of the drivers, who was originally convicted of vehicular homicide. That conviction was later vacated after the vehicle manufacturer began recalling vehicles for the same defect involved in this case – unintended acceleration.

The three-judge panel ruled unanimously in favor of plaintiffs, who alleged the vehicle malfunctioned, leading to three deaths and the driver’s imprisonment.

At trial two years ago, driver was found 40 percent at-fault and vehicle manufacturer deemed 60 percent at-fault. Total damages were set at $14 million, but that was reduced to $11 million based on damages obtained in previous settlements with other defendants. That $11 million will be divided among plaintiffs. Continue reading ›

Texting and Driving: Nothing to LOL About

April 24, 2017 | Associates and Bruce L. Scheiner

April is distracted driving month.

Officials with the Florida Highway Patrol, the Florida Department of Transportation, the Florida Police Chiefs Association, the Florida Sheriffs Association and AAA are teaming up to promote Distracted Driving Awareness month, and urging drivers to keep their eyes on the road.

Last year in Florida, approximately 50,000 crashes involved a driver who was distracted. It’s an action that substantially impairs reaction time, resulting in an estimated five crashes in this state every single hour. Continue reading ›

More Children Injured, Killed in Car Accidents, Data Shows

March 31, 2017 | Associates and Bruce L. Scheiner

Car accidents are increasingly common in the U.S. A new report from the National Highway Traffic Safety Administration (NHTSA) reveals that unfortunately, children are not immune to the risks.

As you may know, motor vehicle crashes are on of the main killers of children under 14, who comprise about 19 percent of the total population. Of the more than 35,000 people killed in traffic crashes in 2015, 3 percent were children. What’s especially troubling is that there were 1,132 children reportedly killed in car accidents in 2015, and this marked a 5 percent increase from the 1,073 who lost their lives in 2014.

What this means is that every day, three innocent children were killed in crashes. Another 487 were injured, amounting to 178,000 for the year. Of those fatal crashes in which we know the status of child restraint use (775 cases), 39 percent weren’t wearing a seat belt or properly strapped in to a car seat. We also can’t overlook the fact that children made up 4 percent of all pedestrian accident fatalities (223 out of 5,376) and five percent of all bicycle accident deaths (44 out of 818). Additionally, 16 percent of child crash victims died in alcohol-related crashes. Continue reading ›

Report: Lee County Fatal Crash Count Topped 100 in 2016

January 9, 2017 | Associates and Bruce L. Scheiner

The number of traffic fatalities in Lee County topped 100 for the first time since 2007, according to a report late last month from The News-Press. As of the third week of December, there were 102 traffic fatalities in 2016 – more than it’s been in a decade. That figure does not account for the fatalities that occurred the last week of December, including over the Christmas and New Year’s Eve holidays.

These figures mirror those we saw more than 10 years ago when the region saw explosive population growth. In 2007, there were 106. In 2006, there were 121. The number of traffic deaths peaked in 2005 with 150. In more recent years, the number of Lee County traffic deaths didn’t surpass 100. Now, it seems that is changing, which is in line with the increases reported by the National Highway Traffic Safety Administration (NHTSA). The agency reports there was a 7.2 percent increase in traffic deaths in 2015 – resulting in 2,348 additional lives lost that year. Early figures from 2016 suggest a further upward trend.

The more than 100 traffic fatalities in Lee County last year included cars, trucks, school buses, bicycles, pedestrians and motorcycles. In one instance, a child wasn’t properly buckled in. In another case, a young man was waiting at a red light on his way home from school. Numerous drivers weren’t paying attention. Others were impaired by drugs and/or alcohol. Continue reading ›