Articles Tagged with personal injury

Published on:

Florida has been named the third most-dangerous state in America. ambulance-300x201

ABC News reports Florida ranked 48th safest in a study that looked at five factors: Personal and residential safety, financial safety, road safety, workplace safety and emergency preparedness. Only Louisiana and Mississippi ranked worse.

The annual WalletHub report looked at a total of 52 key indicators, including homicides and assault, unemployment levels, and the impact of natural disasters.

Injury lawyers in Fort Myers and Cape Coral know Florida residents continue to be most impacted by road safety. Florida ranked almost dead last for traffic safety and reports the highest levels of traffic fatalities for pedestrian accidents, bicycle accidents and motorcycle accidents, while ranking behind only California and Texas when it comes to drunk driving accidents, car accidents and accidents involving trucks or other large commercial vehicles, according to annual data released by the National Highway Traffic Safety Administration.

Continue reading →

Published on:

As we enter the height of summer, all of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish you a wonderful Independence Day.

fireworks-1443766-300x214The weather is beautiful and the beaches and waterways are flourishing. Our Fort Myers car accident lawyers remind you to plan your trip and drive safely, always designate a driver and avoid distraction. Your number one injury risk this summer is being involved in a traffic collision. Boating and water safety should also be high on your list of concerns if you plan to be on the water.

But each year fireworks hit the night sky to signal the start of the peak summer season.  And each year injuries occur, both at sanctioned municipal or corporate shows, or as a result of using backyard fireworks. These incidents are not rare. In fact, they have grown increasingly common amid the nation’s lax enforcement attitude toward fireworks sales. And the injuries typically result in permanent scarring or lasting disability, with severe burns, facial disfigurement, loss of eyesight and loss of fingers being among the most common.

The Insurance Journal reports nearly 13,000 serious firework injuries occur each year in the United States as fireworks sales approach $1 billion amid relaxed laws and enforcement. At least 8 people a year die as result of fireworks injuries. Two-thirds of accidents occur between mid June and mid July.

In Florida, F.S. Chapter 791 governs the sale of fireworks. While the law allows for the sale of fireworks, it prohibits consumer use of anything that explodes or emits sparks, except by permitted groups and organizations that seek advanced permission.  Roadside stands and temporary fireworks emporiums that spring up each summer use the law to sell many fireworks that are not legal for consumers to detonate in Florida.

Effectively, Florida law outlaws all but the sparklers, smoke bombs, and other minor novelty items of the type sold at Publix or Walmart.

Continue reading →

Published on:

How long do you think it will be before autonomous vehicles are on the roads of Southwest Florida?

If you think you are fully aware of the breakneck speed at which technology is changing all of our lives, consider this: Self-driving vehicles have already been on the roads of Lee County for more than a year.uninsured accidents

Media outlets swarmed over the news this week after Gov. Ron DeSantis signed into law a measure that will allow self-driving cars, without human backup, to hit the roads in Florida in time for the Fourth of July weekend. Fox 13 Orlando reported it will put Florida at the very forefront of a number of progressive states that have sanctioned the use of such technology on public roads.

Continue reading →

Published on:

Distracted walking is in the news as the nation grapples with significant increases in the number of serious and fatal pedestrian accidents.

Unfortunately, Florida is all too familiar with the crisis, as the Sunshine State leads the nation in the number of walkers who are injured or killed each year. The National Highway Traffic Safety Administration reports more than 5,000 deaths and 76,000 injuries caused by pedestrian accidents each year; that’s one death every two hours. And, as the Miami Herald reported recently, 9 of the 20 deadliest cities for pedestrians are located in Florida.pedestriandistraction-300x208

Fort Myers injury lawyers know the increased risks faced by walkers are attributable to a number of factors, including lack of proper infrastructure such as sidewalks and street lights, distraction on the part of both the walker and drivers, and the growing prevalence of electric or otherwise silent vehicles.

A study published in 2012 by researchers from New York’s Stony Brook University found that those who texted while walking were 60 percent more likely to veer off course. Headphones are another growing problem. F.S. 316.304 prohibits drivers from wearing headphones, although no such law exists for pedestrian or cyclists.

But, while it’s true distracted walking can increase accident risks, the issue of distracted walking is also being pushed by the insurance industry as a way to reduce the liability of insured drivers for collisions that typically result in very serious or fatal injuries.

 

Continue reading →

Published on:

It sometimes seems as though snowbirds are replaced by orange road construction barrels as summer begins in Southwest Florida.

Florida Department of Transportation is preparing to begin significant improvements to Interstate 75 at Corkscrew Road, according to the Naples Daily News.

Meanwhile, Lee County Department of Transportation is widening Burnt Store Road from Diplomat Parkway to Tropicana Parkway in Cape Coral and the City of Fort Myers is working on a beautification project along U.S. 41 between Colonial Boulevard and downtown.roadconstruction-300x225

Our car accident lawyers in Fort Myers and Cape Coral know each of these projects increases the risks to motorists and pedestrians.

Continue reading →

Published on:

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.driver at a glance

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.

Continue reading →

Published on:

The Florida Highway Patrol brought extra enforcement to Southwest Florida to open the spring break and baseball spring training season.

“Operation Safe DRIVE” is the patrol’s campaign to reduce serious and fatal traffic accidents through Distracted Reckless Impaired Visibility Enforcement.car accident

“Motorists can reduce crashes if they share the roads safely, avoid aggressive driving behaviors and exercise additional caution when driving near larger vehicles,” said Colonel Gene Spaulding, Director of the Florida Highway Patrol. Our injury lawyers in Fort Myers and Cape Coral have posted here about the added risks of driving in Southwest Florida, particularly from now until Easter.

Continue reading →

Published on:

Florida lawmakers are looking for ways to reduce drowning risks in the Sunshine State.

Florida leads the nation for drownings of children under the age of 5. Now, ABC7 News reports some lawmakers want to increase safety requirements under Florida’s Residential Swimming Pool Safety Act. Our Fort Myers injury lawyers support any measure that reduces the risk of these senseless tragedies.swimmingpool33-300x225

FOX 13 News in Tampa reports the bill is being backed by lawmakers and the mother of a 2-year-old who drowned in a friend’s backyard pool in September 2017. The mother said her child exited the house through a sliding door and was able to get past a defective pool fence.

Continue reading →

Published on:

In the last decade, the Pew Research Center has closely analyzed the many ways Americans use social media to interact with others and seek information. Researchers discovered that in 2016, almost 8 out of 10 Americans who are online (which is most) use Facebook, 24 percent use Twitter and a third use Pinterest, Instagram and LinkedIn. For instance, most Americans are now getting their news via social media. They are also using it at work, whether in the course of their job, to seek employment or just to take a mental break from the stress of their day. personal injury lawyer

While these platforms provide information, entertainment and interactivity, they can also have a profound impact on your personal injury case. This is increasingly true as more Americans are online. We use these sites to document our everyday experiences, so it’s natural for attorneys – on both sides – to closely examine the information available to ascertain whether it can be a benefit or a hindrance to their case. As The American Bar Association pointed out, social media posts, pictures and messages can be compelled into evidence, assuming the requesting attorney can make an argument that the information is:

  • Authentic;
  • Relevant;
  • More probative than prejudicial;
  • There is no hearsay problem.

Continue reading →

Published on:

In Florida, property owners are generally liable for dangerous conditions that are not obvious and cause harm to those who are lawfully present. There are varying degrees of a property owner’s responsibility in this area of law – known as premises liability – depending on the status of the individual who was hurt. For example, someone who is invited onto the property for the financial benefit of the property owner is owed a higher duty of care than someone who is trespassing. child injury lawyer

In most cases, trespassers are not owed any duty of care, except that property owners can’t intentionally harm them or set traps. When it comes to children, though, the standards are different. Children are generally owed a greater duty of care than adults in the same situation, and this is true also when children are trespassing. The doctrine of attractive nuisance, for example, holds that if property owners maintain dangerous conditions likely to attract young children to the site, the property owner must be sensitive to that potential danger (which a child may not appreciate) by posting a warning or taking some other affirmative steps to protect children from that danger.

Recently in Minnesota, the state supreme court there considered property owner liability in the case where a 4-year-old boy nearly drowned in the Mississippi River and suffered severe and permanent brain damage.  Continue reading →