Car Accidents

Drugged driving an increasing factor in Fort Myers car accidents

December 6, 2010 | Associates and Bruce L. Scheiner

The state of Florida is planning a holiday crackdown on drugged drivers and could introduce proposals for tough new laws as early as next spring. The number of people dying in accidents caused by drivers under the influence of drugs is on the rise, both in Florida and across the nation.

Consulting an experienced Fort Myers car accident attorney or wrongful death lawyer is critical in any accident in which a motorist is seriously injured or killed. But cases involving drugs or alcohol are often among the most devastating and most complex that an experienced law firm can handle. Drug cases, in particular, require thorough investigation and representation. Even in cases in which a motorist is determined to have drugs in their system, proving they were impaired at the time of the crash is a more complicated matter.

As we reported recently on our Florida Injury Lawyer Blog, reducing the risks associated with drunk or drugged driving will be a priority through the holidays. Drug-related injury crashes are up more than 10 percent while injuries have increased nearly 20 percent, according to the Florida Department of Highway Safety and Motor Vehicles.

Associates and Bruce L. Scheiner secures $13 million jury verdict for victims of Fort Myers drunk driving accident

December 5, 2010 | Associates and Bruce L. Scheiner

Jordy%20Martinez%2C%201.JPG A family devastated by a 2007 drunk driving accident near Fort Myers Beach has been awarded more than $13 million in compensation for the crash, which killed two children and critically injured a mother and her oldest son.

Jordy Martinez, 1, and Jesus Martinez, 6, were killed in the crash. There surviving brother, Juan Martinez, and mother, Maria Bustamante, were injured when their vehicle was slammed into by a man racing off the beach after colliding with several cars in a bar parking lot.

Associates and Bruce L. Scheiner, Attorneys for the Injured, has represented the family for more than three years. Trial attorneys included founder and Senior Attorney Bruce L. Scheiner, Preston J. Scheiner and John Romano. The three-week trial ended Thursday when the six-woman jury returned a verdict of $12 million for pain and suffering and more than $1 million for funeral expenses, past and future medical expenses and punitive damages.

“When the death is a ripping away of a child, when it is sudden, when it is unexpected, when it is violent, when it is avoidable, when it is inexcusable, it is not impossible to deal with, but almost,” Ramano told jurors during closing arguments. “It’s unthinkable.”

As we reported in January 2009 on our Florida Injury Lawyer Blog, the driver, George Butler III, was sentenced to 15 years in prison and had his driver’s license permanently revoked as a result of the crash.

He was drinking at Top O’Mast Lounge on Fort Myers Beach when he reportedly struck several cars in the parking lot and fled off the beach bridge at speeds of about 80 mph. He struck several other cars before plowing into Bustamante’s vehicle. Butler faced 12 criminal charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury.
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Holiday drunk driving prevention aims to reduce risk of car accidents in Fort Myers, Naples

December 3, 2010 | Associates and Bruce L. Scheiner

The Florida Department of Highway Safety and Motor Vehicles is rolling out a host of drunk driving enforcement efforts for the holidays as law enforcement works to reduce the risk of drunk driving accidents in Fort Myers, Cape Coral and elsewhere in South Florida.

Too frequently, our Fort Myers accident attorneys are called to help a family in the wake of a tragedy caused by the senseless acts of a driver who has climbed behind the wheel after having too much to drink.

As part of National Drunk and Drugged Driving Prevention Month, law enforcement is reminding motorists that more than 21,000 crashes in Florida last year were attributed to alcohol and drugs.

“The holiday season is a time to celebrate, and no one should have to suffer the loss of a loved one at the hands of a drunk or drugged driver,” said Lieutenant Governor Jeff Kottkamp. “I am pleased to see our law enforcement agencies and safety advocates taking proactive measures to make the roadways safer for residents and for those visiting the Sunshine State during the holidays.”

Motorists are being reminded that the cost of a drunk driving conviction can be as high as $20,000, including fines, court costs, attorney fees, increased insurance premiums and prison and probation. Unfortunately, drunk driving crashes have been on the rise, even as the overall number of fatalities has declined.

“As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009,” said Florida Highway Patrol Director, Colonel John Czernis. “The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida’s tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving.”

Florida drunk driving facts:

-Forty-four percent of fatal crashes in Florida last year involved drugs or alcohol.

-Drug-related injuries increased by more than 19 percent last year.

-Drug-related crashes increased by more than 11 percent.

-New Year’s experienced the highest fatality rate per hour. More than half of the 34 fatal crashes last year involved alcohol.

-28 people died in Christmas holiday crashes last year on Florida roads.

Please celebrate the holidays responsibly:

-Plan ahead. Designate a driver.

-Take the keys. Make sure friends don’t drive drunk.

-As a party host, require designated drivers or other plans to avoid guests leaving your party impaired.

-Obey warning labels on prescription medication.

Dial *FHP (*347) to report impaired drivers.
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Holiday seat-belt enforcement aims to reduce risk of serious or fatal injuries in Fort Myers car accidents

November 27, 2010 | Associates and Bruce L. Scheiner

The Florida Highway Patrol and law enforcement throughout the state will be conducting increased seat-belt enforcement through Nov. 30, as the first “Click It or Ticket” campaign of the holiday season aims to reduce the risk of serious or fatal injuries in Fort Myers car accidents.

“Our message is simple. If you fail to buckle up, then expect a ticket,” said Major Timothy Ashley. “The hard working men and women of the Florida Highway Patrol will be diligent in enforcing our safety belt law. Our state troopers are committed to making a difference through education and enforcement.”

Florida law requires adult front-seat occupants to fasten their seat belts. Occupants under the age of 18 are required to wear seat-belts regardless of their position in the vehicle. Violations will result in a $30 fine plus court costs.

The National Highway Traffic Safety Administration is encouraging states, including Florida, to extend seat-belt laws to adult back-seat passengers and to increase fines and enforcement.

“We want everyone to have a safe and happy holiday travel season,” said Secretary Ray LaHood. “For the sake of your loved ones and everyone else on the road, please remember to buckle up and put away your cell phone every time you get behind the wheel.”

The federal government reports a 10 to 12 percent improvement in usage rates for states that move from secondary to primary enforcement laws. States that raise fines from $25 to $60 reported gains of 3-4 percent, while those with a $100 penalty saw usage rates improve by as much as 7 percent.

“Seat belts are the single most protective safety device ever invented for use in vehicles, saving thousands of lives each year. Now our research proves that when states step up sanctions, they’re rewarded with huge improvements in belt use,” said NHTSA Administrator David Strickland.

Florida’s usage rate recently reached a record high of 87.4 percent.
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Drunk driving accidents a Thanksgiving danger in Southwest Florida

November 26, 2010 | Associates and Bruce L. Scheiner

The Florida Highway Patrol will utilize every officer on the force — including reserve officers, administrative staff and volunteers, to combat the risk of drunk driving accidents over the Thanksgiving holiday.

Our car accident attorneys in Fort Myers and Cape Coral urge you to enjoy the weekend with your family and to celebrate responsibly. For more than three decades, we have remained committed to fighting for the rights of families whose lives have been devastated by a drunk driver. These tragedies occur around the holidays with devastating frequency.

The Fort Myers News-Press reports that local authorities will also be on the lookout for impaired drivers and motorists who are a danger to themselves or others.

The patrol will also be on the lookout for aggressive drivers and incidents of road rage.

“The Florida Highway Patrol is committed to making Florida’s highways safe, and we plan to do that by bolstering our forces to reduce the number and severity of crashes,” said FHP Director, Colonel John Czernis. “During this hectic time, it is easy to lose your temper while driving as evidenced by recent incidents of road rage. Our troopers are prepared to take immediate action to stop others from placing innocent lives at risk, whether the weapon is a gun or a vehicle.”

The Naples Daily News reports hotel bookings have rebounded from last year, signaling what should be a busy weekend in South Florida. With Thanksgiving also signaling the traditional start of the winter tourism season, this weekend is a good time to start reminding yourself to allow extra time and patience to reach your destination.

Last year, 36 motorists were killed over the Thanksgiving holiday making Florida one of the nation’s deadliest states for holiday traffic accidents. The National Highway Traffic Safety Administration reports that 354 traffic fatalities were reported over last year’s Thanksgiving Holiday.
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Use caution while traveling this Thanksgiving to reduce risk of car accidents in Fort Myers, Naples, Cape Coral

November 24, 2010 | Associates and Bruce L. Scheiner

The Fort Myers car accident lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safety and enjoyable Thanksgiving weekend with friends and family. Given this holiday sets off the busiest travel weekend of the year, we remind you that along with family time and holiday shopping sprees, comes an increased risk for South Florida car accidents.

And it’s not just the roads that will be busier, although the AAA Foundation projects that 42.2 million Americans will take to the roads to reach a holiday destination this Thanksgiving, an increase of 12 percent over 2009. Much of the increase is attributed to improved economic outlook, a decrease in personal debt and stabilized unemployment rates.

The Miami Herald reports that 24 million people will fly between Nov. 19-30. South Florida’s three major airports in Fort Myers, Miami and Fort Lauderdale are expecting a 3-to-7 percent increase in travel traffic Thanksgiving week.

The Florida Highway Patrol offers a list of tips for holiday travelers to help keep them safe on the roads:

~ Plan you travel route in advance and share with friends and family when you plan to leave and your expected arrival time at your destination. Make sure your cell phone is fully charged and with you in the car .

~ Keep doors and windows locked when you are in the car and when you stop. Don’t pick up hitchhikers or stop in unpopulated areas to ask directions.

~ If you leave your car, take valuables – your wallet, purse, cell phone – with you, or at least hide them from plain view.
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Florida’s poor safety record increases risk of serious or fatal injuries resulting from Fort Myers car accidents

November 22, 2010 | Associates and Bruce L. Scheiner

Florida is not doing enough to reduce the risk of serious and fatal traffic accidents, particularly those involving children, the National Transportation Safety Board said this week in recommending that the state strengthen its driving laws.

Our Fort Myers injury attorneys frequently report on the dangers car accidents pose to children in South Florida. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death for children ages 3 to 14, as well as for teen drivers ages 15 to 20. Additionally, Florida joins Texas and California as states that routinely report the greatest number of accidents in virtually every category, including pedestrian accidents, bicycle accidents and motorcycle accidents.

The News-Press reported that the federal safety watchdog cited Florida’s lack of a law requiring parents to use booster seats for children under 8 years old. South Dakota and Arizona are the only other states that have no requirements for children ages 4 to 8. About 3,000 children in that age group have died in car accidents in the last decade, according to the government, and about half of them were not properly restrained.

As we have reported on our Florida Injury Lawyer Blog, Florida is also among a dwindling number of states that have not enacted a law banning the use of cell phones or text messaging while driving. The Governor’s Highway Safety Association reports that only Florida, Hawaii, Ohio and South Carolina have no regulations aimed at distracted driving. Even school bus drivers can drive and text message under current Florida law.

The NTSB would also like to see Florida limit the number of passengers a teen driver can transport and would like to see a motorcycle helmet law, improved seat belt use and better enforcement of drunk driving laws.

“State governments are in a unique position to affect the most significant improvement in certain areas of transportation safety,” NTSB Chairman Deborah A.P. Hersman said. “Our Most Wanted List spotlights those states that have made noteworthy progress in better protecting the traveling public – and those that have not.”
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Clocks go back, risk of Fort Myers car accidents, pedestrian accidents go up at dusk

November 8, 2010 | Associates and Bruce L. Scheiner

Our Fort Myers pedestrian accident attorneys remind motorists that with the clocks going back an hour comes an increased risk of traffic accidents during the late afternoon, particularly those involving pedestrians.

The National Highway Traffic Safety Administration reports that 4,092 pedestrians were killed last year and 59,000 were injured. Florida is one of the deadliest states in the nation for pedestrian accidents, second only to California.

With the clocks going back an hour, dusk will fall during the afternoon rush hour. The additional traffic that comes with the return of winter residents and tourist season will only exacerbate the problem. While there is also an increased danger of car accidents with an earlier dusk, it is the high risk of serious or fatal injuries that come with pedestrian accidents that has authorities most concerned.

The government reports adjustment to the lower-light takes time and drivers may also be more distracted. Pedestrians are encouraged to carry flashlights and/or wear reflective tape to ensure they are visible to drivers at the greatest possible distance.

Nationwide, 25 percent of fatal pedestrian accidents occur between 4 p.m. and 8 p.m. while another 13 percent happen around sunrise.

Other advice to reduce the risk of car accidents and pedestrian accidents at sunrise and sunset:

Motorists -Slow down. Dusk requires more time to see and react.
-Keep in mind pedestrians may not hear you approach.
-Keep your windshield and mirrors clear. Make sure your windshield fluid is full and that wipers and defrosters are in good working order.

Pedestrians -Carry a flashlight and wear reflective material.
-Don’t depend on traffic signals to protect you.
-Avoid jaywalking or crossing the street between parked cars.
-Use sidewalks whenever possible.
-Walk facing traffic.
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Drowsy Driving Prevention Week can help reduce risk of car accidents in Fort Myers, Naples, Cape Coral, Punta Gorda

November 6, 2010 | Associates and Bruce L. Scheiner

Our Fort Myers injury lawyers encourage you to carry the message of Drowsy Driving Prevention Week, which runs Nov. 8 to Nov. 14.

A new report by the AAA Foundation for Highway Safety found that 2 of every 5 drivers admitted to falling asleep at the wheel at some point. One in 10 drivers said they have done it in the past year. More than one-fourth of motorists surveyed admitted to driving while so tired they could hardly keep their eyes open at some point during the last month.

Despite 85 percent of those polled saying that driving while too tired is “completely unacceptable,” the disconnect between opinion and statistics indicates far too many drivers do not appreciate the dangers of drowsy driving.

“When you are behind the wheel of a car, being sleepy is very dangerous. Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol, contributing to the possibility of a crash,” said AAA Foundation President and CEO Peter Kissinger. “We need to change the culture so that not only will drivers recognize the dangers of driving while drowsy but will stop doing it.”

New statistics from the National Highway Traffic Safety Administration suggest that one-sixth of fatal car accidents involve a driver who was drowsy, accounting for more than 5,500 deaths each year. Drowsy driving is also involved in 1 in 8 accidents involving hospitalization and 1 in 14 crashes that result in a vehicle being towed from the scene.

“Many of us tend to underestimate the negative effects associated with fatigue and sleep deprivation and, conversely, overestimate our abilities to overcome them while driving,” said Kathleen Marvaso, vice president, AAA Public Affairs. “This data underscores the importance of educating drivers on the simple, yet effective steps they can take to prevent a possible tragedy. Unfortunately, too many drivers have adopted the ‘I’m tired, but I can make it’ mentality, often to their own peril or to the peril of others.”

Safety advocates urge motorists to get plenty of sleep before taking a long trip, schedule a break every two hours or 100 miles, travel at times when you would normally be awake, and to stay overnight instead of attempting to drive straight through to your destination.

Signs of drowsy driving include:

-Having trouble keeping your eyes opened or focused.

-Trouble keeping your head up.

-Daydreaming or having wandering or disconnected thoughts.

-Drifting out of your lane or tailgating.
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Fort Myers police warn of distracted driving dangers in an effort to reduce risk of in-season car accidents

October 31, 2010 | Associates and Bruce L. Scheiner

As Fort Myers enters the winter tourist season, police have an ominous warning: When it comes to distracted driving, Fort Myers is the second-most-dangerous city of 97 cities its size in the State of Florida.

Our Fort Myers accident lawyers understand that seasonal traffic can be a real headache — we drive in it, too. But being involved in — or causing — a car accident in Cape Coral or Fort Myers is far worse than waiting on a red light to cycle through a second time or spending an extra 10 minutes reaching your destination.

“Halloween is the start to a busy holiday season and tourist season,” Chief Doug Baker wrote in a column published in The News-Press. “Be responsible when getting behind the wheel; give yourself extra time to reach your destination. Exercise patience and let cooler heads prevail when caught in traffic.”

The Chief said the department will spend season working on education, prevention and enforcement, but motorists must do their part.

More than 5,000 car accidents were reported in Lee County last year, according to the Florida Department of Highway Safety and Motor Vehicles. Nationwide, 5,474 motorists were killed and 448,000 were injured by accidents caused by distracted drivers, according to the National Highway Traffic Safety Administration.

“These numbers show that distracted driving remains an epidemic in America, and they are just the tip of the iceberg,” said U.S. Transportation Secretary Ray LaHood.

Only speeding and drunk driving are blamed for more traffic deaths.

Chief Baker is urging motorists to put down their cell phones and to not text while driving.

“We will continue to address issues such as red light running, occupant safety (seatbelts), aggressive and distracted driving, and driving under the influence.” he said.
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