If there was anything positive for Florida cyclists in the latest Governors Highway Safety Association report “Bicyclist Safety,” it’s that the Sunshine State is no longer No. 1 in cycling fatalities. That dubious distinction now goes to California. However, that state – with 28.8 million more people than Florida –…
There are varying approaches taken by each state to the issue of how to handle injury claims made by plaintiffs who may have shared some portion of fault. On one extreme, there are states that will totally bar recovery if plaintiff is to any degree at-fault for the incident resulting…
There is evidence to suggest 2014 may be the deadliest year in the past decade for bicyclists in Lee County. Most recently, ABC-7 reported on an incident in which a 13-year-old cyclist suffered critical injuries after colliding with a passing motor vehicle. Authorities say the child was riding on Burnt…
A pedestrian who was injured on a public street by a wrong-way cyclist on a delivery later filed a premises liability lawsuit against, among others, the construction company and the owner of a private building under renovation. The crux of the argument in Bufkin v. Felipe’s Louisiana before the Louisiana…
The case of GEICO v. Rodriguez, recently decided by Florida’s Third District Court of Appeal, began with an elderly driver with poor vision. He should never have been on the road. His doctors declared him legally blind, and advised him not to drive. The 83-year-old did not listen, and within…
Florida’s 3rd District Court of Appeal recently reversed an earlier judgment by a trial court that prevented a bicycle accident victim from proceeding with his case against a property owner. In Otero v. Gomez, the appellate court found the trial court had improperly used an untimely-filed motion in limine to…
Our Fort Myers bicycle accident lawyers have written extensively in recent months regarding how poorly Florida has ranked in terms of bicycle and pedestrian safety. Much of this has to do with the way our roads were designed. But as the recent case of Madden v. City of Iowa City…
Over the last several years, bike-sharing programs have become increasingly popular across the country, including South Florida. Programs have been introduced so far in Broward (B-cycle), Miami Beach (DecoBike), Delray Beach and St. Petersburg, just to name a few. These programs have been promoted as a way to get around…
A new, comprehensive traffic report covering the last 10 years indicates that nearly 18 percent of all roadway deaths in Lee County were walkers. That is one out of every six. To put that into greater perspective, our Fort Myers pedestrian accident lawyers note between 2003 and 2012, nearly 5,200…
A 36-year-old Fort Myers woman was recently struck and killed by a vehicle as she attempted to cross Palm Beach Boulevard on foot between Fairview and Marsh avenues. This was the sixth pedestrian killed by a vehicle in the county since the beginning of the year – and the fifth…