Articles Posted in Car Accidents

Hit and run accidents are likely becoming more frequent in Florida due to the number of uninsured motorists involved in Fort Myers car accidents and elsewhere.

Our Cape Coral personal injury attorneys have been called to deal with an increasing number of serious accidents in which the victim had little or no insurance. The economic downturn is primarily to blame, although legislation that has decriminalized habitual traffic offenses has not helped matters any.
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Florida Today recently reported about a motorcycle victim who was struck by a habitual offender, who was driving with a suspended license.

The victim and his wife were hit by an SUV that was making a left turn. The motorcyclists’ leg was mangled and he sustained severe internal injuries, which left him in a coma for two months. His wife riding on the back of the bike was killed instantly. Ironically, the SUV driver had just been released 5 days earlier when his case was dismissed on charges that didn’t stick because the police officer had improbable cause to pull him over as a habitual traffic offender.

The fatal accident was one of many that transpired last year when the at-fault driver was driving with an invalid driver’s license. It is debatable whether the struggling economy or the change in law back in 2008 is more to blame for motorists who continually drive with a suspended license. In July of that year, habitual offenders stopped being charged with a felony for driving with a suspended license. The only exception is if the driver causes the death of another and is found negligent in causing that death.

In other words, they now have to kill someone before the criminal justice system is going to get serious about keeping them off the road. It should be noted that drivers are only considered habitual traffic offenders once they have at least four major traffic convictions.

Drivers with suspended licenses typically have either failed to pay a traffic fine, child support, or their insurance premiums. Or they have been convicted of drunk driving or other serious traffic infractions.

The law was changed in 2008 to keep offenders out of prison for reasons deemed as unnecessary. Knowing that they will no longer go to jail makes Florida motorists less concerned about driving with a suspended license.

The lax attitude brings an even bigger problem to the table: Victims who incur severe damages in crashes with unlicensed and uninsured drivers. Covering damages to property or medical expenses can drain bank accounts quickly. But if motorists who cause crashes and are driving without insurance aren’t held accountable, it can cause even more stress for victims. In an effort to protect themselves, victims should know their rights and contact legal assistance right away if they or someone they love has been in an accident.
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Cape Coral car accidents involving distracted drivers are an ongoing risk — particularly during the busy winter tourism season. And no drivers are at greater risk of being distracted than our teenagers.

Last October, a student organization at University of Central Florida launched a “Put Down Ur Cell Fone” campaign on campus to increase awareness of the dangers of distracted driving to the student body. UCF Today reported that UCF’s Student Government Association invited several guests speakers (which included local officials, professional athletes, and a representative from Florida Department of Transportation) on campus to speak about the dangers of driving while texting.
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The student organization also asked students to sign a petition against talking or texting on a cell phone while driving.

Our Fort Myers personal injury lawyers applaud the student group, which recently received a National Safety Council award for the effort. An article in the Orlando Sentinel reported the UCF SGA received the Law Enforcement Traffic Safety Award for the “Put Down Ur Cell Fone” campaign.

As the only student group represented at the NSC’s annual awards banquet, they are commended for winning the award over some of Florida’s largest companies like Disney, Boeing Corporation, and Progress Energy.

This award speaks volumes to the fact that students are paying attention to the dangers. Young drivers ages 20 and under are most at risk when it comes to distracted driving accidents. According to National Highway Traffic Safety Administration, this age group has the greatest proportion of distracted drivers involved in fatal crashes. There were 5,474 fatalities and 448,000 injuries in 2009 as a result of a motor vehicle crashes that reported distraction as a cause for the accident.

Over 1,000 students at UCF signed the petition to become more responsible drivers last October. If students at universities throughout the nation were to make this kind of pledge, the number of fatalities would decrease and U.S. roadways would become safer by the minute.

Though texting and talking on a cell phone while driving is still currently legal in Florida, students are encouraged to put the phone down to minimize the risk of injury to themselves and other motorists. Texting and talking bills have been proposed several times but still await passage at the Statehouse.
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Florida bicyclists beware: Recent statistics released by the National Highway Traffic Safety Administration confirm our place as the deadliest state in the nation for bicycle accidents.

Florida had almost 17% of all the fatal bicycle accidents in the United States — or nearly 1 in 5. The state’s 107 fatal accidents made Florida the only state to report more than 100 deaths from bicycle accidents in 2009. California was second, with 99.
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Our Fort Myers accident attorneys continue to represent cyclists who are injured or killed because a motorist either lacked respect for a rider, or simply was not paying attention.

There were 630 fatal bicycle accidents in 2009 and another 51,000 riders were injured on our roadways. That’s down from the 718 in 2008 and the second-lowest total in more than a decade. With the increasing popularity of riding for fun and fitness, the average age of accident victims continues to trend upward, reaching 41 for those killed and 31 for those injured.

The facts for fatal pedalcyclist crashes in 2009:

-70% occurred in urban areas.

-67% were killed at a non-intersection location.

-72% were killed during the day between 4 a.m. and 8 p.m. (a 6% increase from 2008).

-Average age of those killed was 41.

-87% of those killed were male, 80% of those injured were also male.

-40% of crashes involved alcohol either by the driver or a cyclist.

Wearing a helmet every time you ride is the best way to prevent a head injury in a crash. Cyclists must ride in the same direction as the flow of traffic and must obey the same rules as motorists. Cyclists need to do as much as they can to increase their visibility: wear brightly colored clothes at all times and mark your equipment for higher visibility with reflective tape, reflectors and flashing lights.

We all need to share the road. Drivers must watch for cyclists when making turns, exiting a parking space or opening car doors. When passing a cyclist give them room, allow about 3 feet between a rider and your vehicle. And don’t forget to yield to them at intersections when directed to do so.
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The Affordable Care Act hopes to put you back in charge of your health coverage and care. When you need it most, insurance companies often deny you care. And lack of coverage prevents many people from getting recommended preventive treatment.

Our Fort Myers personal injury lawyers know the strain that lack of insurance puts on a family after a Florida accident. In many cases, even when insurance is available, it may not be sufficient to pay for required medical and rehabilitative care. Often, seeking damages from an at-fault party is the only way to ensure the future financial well-being of you and your family.
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The Affordable Care Act will require millions of uninsured Americans to buy insurance. The New York Times thought consumers might want some answers about health insurance from a 20-year veteran of the insurance industry.

What is the most important thing to know about choosing and paying for health insurance? Ignore the marketing material, it just tries to influence you to buy the insurance, it’s not meant to explain the benefits thoroughly. Understand that if you are an individual trying to buy insurance, insurers are looking for young and healthy people. If you aren’t young or healthy, you will get insurance but you will pay more and you might have less benefits or both.

Whether you are getting insurance on your own or through work, ask to see the actual policy. Pay attention to what’s excluded, like transplant coverage, maternity benefits and experimental procedures. Identify what your financial obligations are, including co-pays, premiums, deductibles and co-insurance.

Is there a good place consumers can go for reliable insurance information?

Healthcare.gov is a great source for information. You can enter your information and get rate comparisons for your area. Your state’s website is also a useful source.

Are there any kinds of polices that should be avoided?

Stay away from mini-med or limited benefit plans, which are mostly sold through small employers or to individuals. Some large company fast-food chains have been offering these plans. The problem with these policies, even though they have low premiums, is that they also have low lifetime or annual caps on coverage. And some don’t even pay for hospitalizations. These plans are due to be eliminated in 2014 when lifetime and annual caps won’t be allowed.

Can you fight an insurance claim that has been denied?

Yes, the new health care law allows consumers two layers of review. If you have been denied, fight it, insurers hope you just accept the denial. If you file an appeal the denial will often be reversed.
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A WINK News investigation recently found that about 1 in 5 defendants who use the state’s administrative-hearing process to challenge the suspension of their driver’s license, are successful in retaining the right to drive despite being arrested for drunk driving in Southwest Florida.

For decades our personal injury lawyers in Fort Myers and Cape Coral have dedicated ourselves to fighting for the rights of motorists who have been injured or killed by the senseless and selfish acts of a motorist who has climbed behind the wheel after having too much to drink. The Florida Department of Highway Safety and Motor Vehicles reports more than 1,000 motorists were killed by drunk drivers in 2009, accounting for nearly 40 percent of the state’s traffic fatalities.
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Still, that same agency permitted 5,200 defendants to retain the right to drive of the roughly 24,000 that requested an administrative hearing following a drunk-driving arrest last year. The hearings are requested by only about half of the 48,000 motorists who are arrested for drunk driving in Florida each year. A motorist has 10 days to request the hearing or face the automatic suspension of their rights to drive.

Of the 5,200 who were allowed to retain driving rights, 331 were from Southwest Florida. Of those stopped by the Lee County Sheriff’s Office of the Cape Coral Police Department and later allowed to retain driving rights, nearly all tested above the legal BAC limit of .08. One driver had tested four times over the legal limit.

In 91 cases, a driver was permitted to keep their driving rights because a Cape Coral police officer failed to show up at the hearing. The department’s special operations commander said many of those cases involved scheduling conflicts and communication issues that have since been addressed. In 2010, only 23 cases were overturned because a Cape officer did not attend the hearing.
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Who said Monday’s are quiet? A typical Monday’s worth of news in Southwest Florida shows just how dangerous our roads can be at the height of tourism season. Our Fort Myers personal injury lawyers urge you to take driving safety seriously.

And please speak with your teenagers and aging loved ones. The National Highway Traffic Safety Administration reports traffic crashes are the leading cause of death among teens. The only drivers at higher risk are those over the age of 75. Staying safe behind the wheel can be as simple as not driving under the influence, not speeding, and not driving distracted. Statistics show as many as two-thirds of all fatal crashes involve one of those three activities.
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The Florida Department of Highway Safety and Motor Vehicles reports 2,563 motorists were killed in Florida car accidents last year — that’s more than seven people a day. Florida is one of the leading states in virtually every major fatal accident category, including bicycle accidents, pedestrian accidents, drunk driving accidents, motorcycle accidents and trucking accidents.

A typical Monday’s news:

Women Struck by Deputy’s Car: A Naples bicycle accident occurred when a Collier County sheriff’s cruiser collided with a bicyclist walking across the street (Warning: this links to graphic video).

Bicyclist Struck by Truck in North Fort Myers: A 57-year-old man is in critical condition after being struck by a pickup on Pine Island Road. The North Fort Myers bicycle accident occurred near Orchid Road.

Crash Causing Delays on Sanibel Causeway: Delays were reported approaching the island as a result of the Sanibel car accident.

Fort Myers Police Search for Suspects in Hit-and-Run: The Fort Myers car accident occurred when a Buick struck two vehicles at State Road 82 and Forum Boulevard.

Relative of Crash Victim wants Traffic Light at Cape Coral Intersection: The intersection of Pine Island Road and Skyline Boulevard is among the county’s most-dangerous. There have been 131 accidents and seven deaths in the last five years.

Fort Myers man, 72, Suffers Minor Injuries in School Bus Crash: The Fort Myers school bus accident occurred when the man’s truck was rear-ended by a bus carrying 11 elementary students.
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Southwest Florida is among the most dangerous areas in the state for serious and fatal motorcycle accidents, according to a recent analysis by The News-Press.

The Pine Island Road corridor has been particularly deadly, with 3 of 6 fatal Lee County motorcycle accidents occurring there so far this year. Our Cape Coral personal injury lawyers continue to urge motorists to use caution and watch for motorcycles throughout the winter riding season.
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In 2009, a total of 14 of the state’s 402 fatal motorcycle accidents occurred in Lee County, according to the National Highway Traffic Safety Administration. Six weeks into 2011, we are already just one fatal accident away from half that annual total. Statistics for 2010 will be released later this year.

Statistics show a car is at fault in more than half of all motorcycle accidents involving another vehicle. The Florida Highway Patrol reports safe riding habits — not tailgating, not speeding and riding defensively — can provide riders a better chance of avoiding an accident.

So far this year, fatal Lee County motorcycle accidents have occurred on Estero Boulevard in Bonita Springs, on Hancock Bridge Parkway in North Fort Myers and on College Parkway in South Fort Myers. The remaining three fatal crashes — half of Lee County’s total — occurred either on Pine Island Road or on Pine Island.

As we reported recently on our Florida Injury Lawyer Blog, authorities will be conducting an enforcement blitz, with particular emphasis on the Pine Island corridor, in an effort to prevent serious and fatal Cape Coral car accidents.

The News-Press points to a University of Michigan study that found a sharp rise in fatalities over the last decade was due in part to older riders with less experience taking to the road as motorcycling has gained in popularity.

While that may be true, our motorcycle accident lawyers have spent decades representing accident victims and their families and we know that inattentive motorists are all too often responsible for serious and fatal motorcycle accidents. The increase is attributable to more bikers on the road, of course. But it’s most likely the accidents are being caused by other drivers. Riders, after all, know the risks. And most are safe, considerate and conscientious riders.

Their life depends upon it.
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After a tough start to the year that has already included two traffic fatalities, authorities are stepping up enforcement in an effort to reduce the risk of serious and fatal Cape Coral car accidents caused by speeding, red-light running and other forms of aggressive driving.

The Cape Coral Daily Breeze reports both fatalities this year have occurred along the busy Pine Island Road corridor. Increased enforcement through the end of February will concentrate on keeping residents and visitors safe during the busy winter tourism season.
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“We are going to increase our enforcement up there,” Cape Coral Police Chief Jay Murphy told The Breeze. “The public needs to be forewarned.”

Of particular focus will be the area between Santa Barbara Boulevard and Del Prado Boulevard. Speeding tickets on the 55 mph road can cost you $124 or more.

Thus far this year in Cape Coral a 44-year-old died when his SUV crashed into a vehicle and flipped over on Pine Island Road.

And, as we reported on our Florida Injury Lawyer Blog, a 24-year-old resident was killed in a Cape Coral motorcycle accident, which also occurred along Pine Island Road.

Unlike Road Rage, which typically involves a criminal offense such as assault, most drivers are guilty of some form of aggressive driving from time to time. The National Highway Traffic Safety Administration recognizes many forms of aggressive driving, including speeding, failure to use turn signals, running red lights, driving too fast for conditions, tailgating and disobeying other traffic laws.
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A Fort Myers motorcycle accident has claimed the life of a Lehigh Acres man, according to The News-Press.

Our personal injury lawyers in Fort Myers and Cape Coral continue to advocate for the rights of cyclists on the road. Motorcycling is a year-around activity in Southwest Florida. As we reported on our Florida Injury Lawyer Blog, Cape Coral Bike night drew 10,000 riders on Saturday night. Unfortunately the year-round riding weather also makes for year around danger.
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Just last month, a Cape Coral motorcycle accident claimed the life of a corrections officer.

In this latest accident, the 35-year-old Lehigh man was killed when his motorcycle collided with a Mazda van at College Parkway and South Pointe Boulevard. A passenger was transported to the hospital.

Cause of the crash remains under investigation.

ABATE of Florida offers the following tips for motorcycle safety and awareness:

-Obey all traffic laws and signals.

-Constantly watch for motorcycles.

-Remember, it can be difficult to judge a motorcycle’s speed, in part because they are smaller than cars.

-Look — and then look again — before pulling out or turning at an intersection.

-Allow at least three-second’s distance when following a motorcycle.

-Remember, there are 7 to 9 blind spots around the average vehicle.

-Give motorcycles the same respect and courtesy you want for yourselves and other vehicles on the road.
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Our Fort Myers accident attorneys frequently report on the dangers faced by teenagers behind the wheel, particularly when it comes to distracted driving. Earlier this week, we reported on our Florida Injury Lawyer Blog when an auditorium of Florida teens began jeering at the prospect of not being able to use their cell phones behind the wheel.

Now safety organizations are teaming up to encourage teenagers to develop a public-service radio announcement on the dangers of distracted driving that will appeal to teens their own age, the Business Journals reported.
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The National Road Safety Foundation and the National Student Safety Program are launching “JST DRV,” a radio PSA contest. Teens are invited to submit 15- or 30-second PSA announcements on the dangers of distracted driving. The winning announcement will be broadcast nationwide during Youth Traffic Safety Month in May. Three runners-up will receive a $500 scholarship and a Bluetooth device.

The winner will receive a $1,000 scholarship, a Bluetooth device and a trip to Honolulu for the Youth Traffic Safety Conference this summer. Teens ages 14 to 18 are invited to submit entries. Deadline for the contest is March 25.

“The JST DRV Radio PSA Contest hopes to engage young people in communicating important messages about distracted driving in their own voice,” said Michelle Anderson, operations director of the National Road Safety Foundation.

Health News Digest recently reported more than 680,000 motorists were involved in accidents with teen drivers in 2008.

“When most people think about those affected by teen driver crashes, they think of the teens behind the wheel. We must also consider the significant impact of these crashes on other members of our communities: occupants of other vehicles, pedestrians, cyclists, and other road-users,” says Dennis Durbin, who was an author of the report. “Whether or not we have a teen driver in our family, we should all care about this issue. This report provides a concrete way to measure the effectiveness of laws, education, and other programs in reducing teen crashes and their impact on communities.”

The National Highway Traffic Safety Administration reports 516 motorists were killed in Florida car accidents involving teenagers in 2008. Of those, 153 were occupants of other vehicles and 62 were non-occupants, such as cyclists or pedestrians. Only California and Texas reported more teen-driving fatalities.

“A quarter of all teens admit to texting behind the wheel and, in 2009, the highest proportion of distracted drivers in fatal crashes was under the age of 20,” said U.S. Transportation Secretary Ray LaHood. “We know we have to engage teens in order to put an end to distracted driving. With their help, we can educate teens and adults about making smarter choices that will save lives.”

More information on the contest is available at www.nrsf.org.
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