Car Accidents

Traffic Deaths in Lee County Spike 42 Percent in 2015

September 25, 2015 | Associates and Bruce L. Scheiner

Lee County is on track this year to have the most traffic deaths reported since 2006. That year, there were 121 people in this county killed in auto accidents. So far this year, we’re up to at least 74 (higher when we count the recent Labor Day traffic death toll). Unless our trajectory slows considerably, we’re going to have some 110 traffic fatalities in 2015.

Already, the number of auto accident deaths in this county is 42 percent higher than it was during the first eight months of 2014, when there were 52 deaths. In fact, in all of 2014, there a total of 81 traffic deaths in Lee County. We’re dangerously close to hitting that mark, and we still have four more months left in the year.

Statewide, the number of fatal crashes has gone up 21 percent. Continue reading ›

Aquila v. Brisk Transportation – Child Paralyzed in Florida Car Accident

August 27, 2015 | Associates and Bruce L. Scheiner

Florida’s Fourth District Court of Appeal has denied an appeal by a mother, on behalf of herself and paralyzed toddler, seeking a new trial for numerous trial errors that resulted in a finding of zero liability against named defendants in a horrific Florida truck accident.

In the case of Aquila v. Brisk Transportation, the appeals court did not deny there were numerous errors made by trial court. Unfortunately, those issues were not properly preserved by plaintiff’s attorney during trial, so she had no grounds on which to successfully appeal.

This, of course, is why it is so imperative to hire an experienced personal injury lawyer to handle your case – especially one of this magnitude, where the injuries are severe, disabling and long-lasting.

FSU Study: Phone Alerts as Distracting as Actually Messaging

August 3, 2015 | Associates and Bruce L. Scheiner

It’s well known that sending and reading text messages while driving is a danger. So too is talking on the phone, even with a hands-free model.

But now, a new study by researchers at Florida State University reveals there is another equally distracting aspect of our smart phones: The alerts.

That simple “ding!” or song ringtone or even a quite vibration can impair a person’s ability to focus on a specific task – like driving.

Kimminau v. City of Hastings – Government Liability for Roadway Cleanup

August 1, 2015 | Associates and Bruce L. Scheiner

When a crash occurs on government roads, it is the duty of government authorities to close the roadway in a timely manner until debris has been cleared and the site is safe for traffic. Once the roadway has been cleared for resumed traffic by authorities, the government could be liable for remaining debris left in the road, should it be the cause of a traffic accident resulting in injury.

This was the situation in Kimminau v. City of Hastings, recently weighed by the Nebraska Supreme Court.

A messy spill of food material on the road occurred as a result of a truck accident. Government employees and volunteer firefighters were called to clear the debris from the road. They did so and the road was cleared for traffic. But when an accident the following day was attributed to remaining debris from that earlier crash, the question was who was responsible.

Report: Lee, Collier Emergency Responders Face Distraction Risks

July 30, 2015 | Associates and Bruce L. Scheiner

At Associates and Bruce L. Scheiner, Attorneys for the Injured, we laud the hard work and sacrifice of our emergency responders. That includes police, firefighters and EMS workers who routinely rush into potentially dangerous situations for the safety and well-being of others.

This said, there was a troubling report recently released following an investigation by the Naples Daily News that raises concerns about the level of distraction with which these workers contend when they drive.

The newspaper found that more than 4,100 crashes throughout Florida in recent years were caused by distraction and involved an emergency responder. These are supposed to be the best-trained drivers in the state, and yet these workers – especially in Southwest Florida – had an especially high rate of distraction-related crashes when compared to the general public.

Ray v. Draeger – Insurance Industry Connections With Crash Case Expert Witnesses

July 29, 2015 | Associates and Bruce L. Scheiner

In car accident lawsuits, it is not uncommon for both sides to present testimony from experts to prove their respective positions. Experts could range from medical doctors, who would attest to extent of injuries, causation of injuries and reasonable treatments for those injuries. Accident reconstructionists could attest to the nature and cause of the crash. Mental health experts could speak to the emotional trauma.

It’s also fairly common for insurance companies to consult the same experts over and over again. These expert witnesses are compensated for their time and travel.

This can raise questions of bias when insurers use the same witnesses repeatedly. In effect, these witnesses derive a substantial profit from testifying on a regular basis on behalf of insurance companies/defendants, and this may raise valid questions regarding the witness’s potential bias.

Bermudez v. Ciolek – Bicyclist $3.7M Injury Verdict Affirmed, With Modification

July 20, 2015 | Associates and Bruce L. Scheiner

An injured bicyclist will receive the $3.7 million a jury awarded him following a trial, although his damages were reduced by $46,000 based on an appeals court ruling that a portion of his damages wasn’t supported by the evidence.

According to California Appeals Court records in Bermudez v. Ciolek, two vehicles crashed at an intersection in January 2012. At the time, the traffic light was transitioning from green to yellow to red. One of those drivers (V1) was turning left while the other driver (V2), traveling the opposite direction, was trying to go straight.

After impact, V2 veered into a corner of the intersection and struck a bicyclist on the sidewalk.

Growing Number of Fort Myers Traffic Deaths Frustrates Safety Advocates

July 18, 2015 | Associates and Bruce L. Scheiner

Lee County had a record number of traffic deaths in 2007. It was the height of the housing bubble burst, and the county’s population had ballooned rapidly. There were a host of construction vehicles, trucks and an influx of new residents. There were 106 people who died on our roads that year.

But then the recession hit, the price of gasoline spiked and fewer people were driving. There was also an exodus of residents and commercial vehicles weren’t seen as frequently.

Now, we’re back on the upswing financially. But that’s apparently not all good news, as The News-Press recently reported. As of June 30, county officials tallied 52 roadway deaths. The year is only half-over, which means at this rate, we are going to either meet or surpass the number of traffic accident deaths that occurred here in 2007.

Report: Lee County Traffic Deaths on the Rise

July 15, 2015 | Associates and Bruce L. Scheiner

The latest Lee County traffic statistics reveal troubling news. The News-Press reports that during the first six months of this year, there was a 32 percent increase in the number of traffic deaths as compared to the first six months of 2014.

As we head into the summer driving season, there have been 43 people killed in Lee County traffic crashes so far this year. If we continue that pace, the county will see more than 100 traffic deaths for the first time in eight years. The county tallied 106 traffic fatalities back in 2007, which was a record.

Victims ranged in age from 10-years-old to 85-years-old. Some were operating souped up pickup trucks and others were simply moving along in typical sedans. Among the most recent incidents:

Barneck v. Utah Dep’t of Transp. – Negligent Road Maintenance Alleged

July 13, 2015 | Associates and Bruce L. Scheiner

Negligent construction and/or maintenance of state and local roads can be grounds for civil litigation if it results in serious injury or death to those in motor vehicles.

A recent example was seen in the Utah Supreme Court case Barneck v. Utah Dep’t of Transp., which dealt with the collapse of a road caused by pooled water in a culvert. The collapse killed a 15-year-old and injured two people.

Anytime a plaintiff seeks compensation from a public entity, there are a host of potential roadblocks that must be overcome. Each state varies in its requirements for overcoming sovereign immunity, and it’s important for victims to be represented by an injury lawyer with extensive experience in this realm of law in order to succeed.