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.

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:

April Focus on Distracted Driving Risks

April 5, 2023 | Associates and Bruce L. Scheiner

April is Distracted Driving Awareness Month.

Distracted driving killed more than 3,500 people on the nation’s roads last year, according to the National Highway Traffic Safety Administration. In those cases, driver distraction was determined to be a primary factor in the fatal collision. However, the true number is much higher because distraction often is not revealed as a factor of causation. By some estimates, 4 in 10 collisions, or some 15,000 deaths per year, involve some form of distraction. These hidden risks are another reason why thorough investigation by an experienced car accident law firm in Fort Myers or Cape Coral should be conducted as soon as possible after a serious or fatal collision.

Driver Distraction in SWFL

Sleepy Drivers a Hidden Road Risk

March 7, 2023 | Associates and Bruce L. Scheiner

We recently reported on the record number of traffic deaths on the roads of Southwest Florida last year.

With spring break approaching, we have also looked at the dangers of drunk driving. As we continue to highlight the risks of the road to start 2023, today our car accident attorneys in Fort Myers and Cape Coral want to highlight a largely hidden risk that is no less dangerous: Drowsy driving.

There is every evidence the roads of Southwest Florida have grown particularly dangerous throughout the pandemic and hurricane recovery efforts. WGCU reported Lee County had the second-highest number of traffic deaths on record in 2022. At least 123 motorists lost their lives on Lee County roads in 2022, according to preliminary data. The highest annual total was reported in 2005, when 150 people were killed on local roads. The first two years of the pandemic saw 107 deaths in 2020 and 118 deaths in 2021

Drowsy driving is a known factor in a substantial number of collisions. It is also an undiscovered factor in many more collisions for which it is not determined to be a factor of causation.

Aggressive Driving Leading Cause of “Accidents” in SWFL

March 3, 2023 | Associates and Bruce L. Scheiner

We recently reported on the record number of traffic deaths on the roads of Southwest Florida last year.

WGCU reported Lee County had the second-highest number of traffic deaths on record in 2022.

At least 123 motorists lost their lives on Lee County roads in 2022, according to preliminary data. The highest annual total was reported in 2005, when 150 people were killed on local roads. The first two years of the pandemic saw 107 deaths in 2020 and 118 deaths in 2021.

Through more than 50 years of representing the injured, our car accident attorneys know all too well that most serious and fatal traffic collisions are not “accidents.” They are avoidable. And they occur because of negligent behavior on the part of one or more drivers.

SWFL Road Risks at Record Highs

January 31, 2023 | Associates and Bruce L. Scheiner

Collision risks on the roads of Southwest Florida were at record highs in 2022.

While the National Highway Traffic Safety Administration is projecting a slight decline in traffic deaths nationwide last year, as well as a slight decrease in Florida, the same cannot be said for Southwest Florida. While the reasons are not fully understood, statistics show road dangers have increased throughout the pandemic, despite fewer drivers on the roads. Reasons for the increased risks in Southwest Florida can be traced at least in part to nationwide increases in deaths on rural highways, collisions involving large trucks, and fatal accidents involving vulnerable road users, all of which are primary causes in our hometowns.

As we close out the first month of 2023, our car accident lawyers in Fort Myers and Cape Coral are reviewing the risks, and will publish several additional blogs highlighting steps you can take to reduce the risks that you or a loved one will be involved in a serious or fatal traffic collision.

2022 Second-Deadliest on Record for Lee County Roads

January 1, 2023 | Associates and Bruce L. Scheiner

Lee County is closing out the year with the second-highest number of traffic fatalities on record.

It’s sobering news, particularly given the fact that the COVID pandemic has left many people working from home, and otherwise reduced the number of drivers on the roads of Southwest Florida.

However, despite the statistical reduction, motorists continue to complain of heavy traffic and long delays amid Hurricane Ian recovery efforts. The increasing number of road deaths mirrors trends nationwide, although safety advocates are still trying to determine all of the factors blamed for increasing road risks. Certainly shorter tempers and aggressive driving have played a role.

Happy New Year’s: Please Celebrate Responsibly

December 31, 2022 | Associates and Bruce L. Scheiner

All of us at Associates and Bruce L. Scheiner wish all of you a safe and enjoyable new year.

Please celebrate responsibly and never drink and drive.

For more than half a century, our drunk driving injury lawyers have fought for the rights of victims and families impacted by this senseless crime. We support sobriety checkpoints, enforcement blitzes, and other efforts by local law enforcement, as well as the work of organizations like Mothers Against Drunk Driving.

Early Darkness Increases Car Accident Risks in SWFL

November 11, 2022 | Associates and Bruce L. Scheiner

Setting the clocks back an hour brings with it early darkness and an increased risk of car accidents, particularly those involving pedestrians.

There has been much debate about Daylight Savings Time, with many favoring setting the clocks and eliminating the twice-yearly changing of time. Advocates for permanent Daylight Savings Time, which brings more light to early evening hours, cite a reduction in car accident risks and more time for residents to shop, dine and spend money at local businesses.

But it’s a debate that has raged for decades and still we deal with early darkness each fall.