Car Accidents

Florida governor to sign tougher seat belt law aimed at reducing car accident injuries and fatalities

May 6, 2009 | Associates and Bruce L. Scheiner

Florida Gov. Charlie Crist signed the state’s tougher seat belt law during an afternoon ceremony today — giving law enforcement permission to stop vehicles with unbelted front-seat passengers.

Florida ranks 35th in the nation in seat-belt usage. The National Highway Traffic and Safety Administration estimates the law will prevent 1,733 serious injury and save 124 lives on Florida roads each year. Florida injury lawyers represent hundreds of people each year who are seriously injured or killed in a car accident. We urge a comprehensive approach to safe driving as the best protection and remind motorists that even those wearing seat belts are often seriously injured or killed in Florida traffic collisions.

Current law, which passed in 1986, allows law enforcement to ticket unbelted front-seat adult occupants only after the vehicle was stopped for a moving violation. Minors can be stopped and ticketed under both the new and the old law.

The law allows for a $30 fine plus court and administrative costs.

The new law takes effect June 30 and is named after Dori Slosberg, the 14-year-old daughter of a former Boca Raton state representative killed in a car crash in 1996, and Katie Marchetti, a 16-year-old Brandon resident killed in a 2006 car crash.

NHTSA research shows 61 percent of the 1,201 people killed in automobile accidents in Florida in 2007 were not wearing seat belts.

“More than a thousand lives could have been savied if they had been wearing their seat belits,” said Katie’s mother, Laura Marchetti. “That’s more than a thousand loved ones who are no longer here with us today … and countless broken hearts.”

Although both girls routinely wore their seat belts, they were not buckled up at the time of the fatal accidents. The Marchetti family has a website in their daughter’s honor, www.katiesstory.com.

“The perseverance of former Representative Irv Slosberg and the Marchettis turned personal tragedy into a life saving initiative,” said Florida Department of Transportation Secretary Stephanie Kopelousos. “Safety is the number one priority of the Florida Department of Transportation. We know this new law will save lives and reduce serious injuries on our roadways.”

The law makes the state eligible for a one time grant of up to $35.5 million, available to states with an 85 percent seat-belt compliance rate or a primary enforcement law by June 30 of this year.

Other states with primary seat belt enforcement are: Alabama; Alaska; California; Connecticut; Delaware; Georgia; Hawaii; Illinois; Indiana; Iowa; Kentucky; Louisiana; Maine; Maryland; Michigan; Mississippi; New Jersey; New Mexico; New York; North Carolina; Oklahoma; Oregon; South Carolina; Tennessee; Texas; and Washington.
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Teen safe driving awareness seeks to prevent Florida car accidents, serious injury, wrongful death during prom and graduation season

April 21, 2009 | Associates and Bruce L. Scheiner

This week is Teenage Safe Driving Awareness Week as officials work to prevent Florida car accidents involving teenagers during prom and graduation season.

Florida injury lawyers encourage parents to talk to their teenagers about safe driving. Personal injury lawyers handle hundreds of car accidents each year involving teenagers in Southwest Florida.

Young drivers are four times more likely to get into a car accident — and traffic crashes are the leading cause of death nationwide for people 15 to 24 years of age. A recent report found the Fort Myers/Cape Coral area to be one of the deadliest in the nation for young drivers.

Teenage Safe Driving Awareness Week, which Gov. Charlie Crist proclaimed as the week of April 20 to 25, is a great time to speak to your teen driver about the importance of safe driving habits.

“We want teens to enjoy this special time in their lives, but we know they are the most high-risk drivers on our roads,” said Electra Theodorides-Bustles, executive director of the Florida Department of Highway Safety and Motor Vehicles. “It is important that we work together in the community, in schools and at home to provide our teens with the right kind of education and tools to protect themselves and others on the road.”

Locally, Lee Memorial Health Systems routinely offers a free young-driver’s seminar to teenagers and/or their parents. The next course is available on April 28 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.

Some things parents and teachers should discuss with teens:

Don’t drink and never drink and drive
Don’t get into a vehicle with a driver who has been drinking.
Make sure everyone in the vehicle is buckled up – it’s the law.
Keep a cell phone on and easily accessible, so parents and guardians can reach you.
If you do get into a situation where you need assistance, call your parents or another trusted adult.
Limit the number of passengers in the vehicle to eliminate distractions.
Do not text or talk on a cell phone while driving — pull over and park if you have to text or call someone.
Driving is a privilege — don’t lose it.

“Florida law enforcement will maintain the zero tolerance stance for drunk drivers no matter the time of year of the persons’ age,” said Col. John Czernis, director of the Florida Highway Patrol. “Drivers under the age of 21 with a blood alcohol level of .02 percent or more will have their license suspended for six months. No exceptions.”
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Fort Myers personal injury lawyers test case before mock jury to better prepare client’s case for trial

April 20, 2009 | Associates and Bruce L. Scheiner

Finding a personal injury or wrongful death attorney that goes the extra mile for clients can make a big difference if your or a loved one are seeking compensation as a result of a car accident, motorcycle accident, trucking accident or other Florida personal injury case.

Trial attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, spent the weekend working with a focus group to fine tune strategy for an upcoming trial.

“We do it to try to forecast and predict the feelings of the potential jury. It helps us to understand how to better present our case so that we can cover the issues that are important to the jury,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers. “It gives you excellent insight into the issues that are in people’s minds that you might not otherwise consider.”

Attorney Preston Scheiner said convening such groups during trial preparation is another way the firm ensures clients are getting the best representation the firm’s four decades of experience can provide.

Fourteen Southwest Florida residents recruited at random, through churches and other organizations, were brought together at an off-site location in Fort Myers to hear the case.

Lunch was provided to the participants, who received a small stipend, but the names of the firm, the attorneys and the client were withheld so that verdicts and opinions could be formed free from any associated bias or influence.

The event was filmed and each of the 14 mock jurors was asked to complete a form and offer input at various stages of the proceedings. They were then split into two groups for deliberations and separate verdicts.

“You learn an incredible amount because you step outside the looking glass and you see the facts from a different perspective,” Attorney Preston Scheiner said. “You also come to understand how opinions in the community can come to bear on a particular case.”

The event also provided an opportunity to help educate the public about the trial process, the challenges of helping someone through a personal injury claim and the benefits of finding a qualified firm to protect their rights.

“Thanks so much for the opportunity — it was awesome,” one participant wrote to an event organizer. “Never had I experienced anything like that before. Please consider me again next time — I would love to be a part of it.”
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Florida injury lawyers urge frequent review of safe-driving habits to help prevent car accidents, trucking accidents, motorcycle accidents in Southwest Florida

April 6, 2009 | Associates and Bruce L. Scheiner

In the wake of last week’s series on https://www.injury-lawyer-florida.com about the hazards of aggressive driving, speeding and distracted and drowsy driving, Florida Injury Lawyers has found a comprehensive Internet resource to provide drivers with a refresher course of safe driving tips.

For most of us, driving has become a commonplace activity. Yet it is the only potentially deadly activity most of us engage in on a daily basis. Having written about what not to do, here is a look at 70 safe driving tips we could all benefit from reviewing.

As RoadTrip America put it in debuting its 70 Rules of Defensive Driving: “It’s not something we … like to dwell upon but about 50,000 people die each year in collisions on the roadways of the United States.”

Please click here to visit the entire list, courtesy of RoadTrip America, which provides additional information on each safety tip.
1) Pay Attention 2) Don’t Trust Nobody!
3) Yield Anyway 4) Don’t Speed 5) Don’t Drive Impaired 6) Wear Your Seat Belt 7) Buy and Use Other Safety Devices 8) Motorcyclist Protect Thyself!
9) Don’t Run Red 10) Drive Precisely 11) Chill Out 12) Look Down the Road 13) Create Space & Use the two-seconds-plus rule 14) Drive to Communicate 15) Drive Predictably 16) Always Signal Your Intentions 17) Know Your Blind Spots 18) Avoid Distractions 19) Avoid Backing Up 20) Beware of Intersections 21) Be a Freeway Pro 22) Know How to Stop 23) Know When to Use Headlights 24) Slow Down in Rain or Snow 25) Maintain Your Vehicle’s Tires
Click here for all 70 rules from RoadTrip America, complete with descriptions and other advice for each rule.
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Florida Injury Lawyers urge motorists to avoid distracted and drowsy driving to prevent Southwest Florida car accidents

April 3, 2009 | Associates and Bruce L. Scheiner

In Part 3 of its three-part series on preventable traffic crashes, https://www.injury-lawyer-florida.com looks at the dangers of sleepy and distracted driving.

Florida injury lawyers handle hundreds of car accidents, motorcycle accidents and trucking accidents each year. In many instances, distracted driving is a cause of the traffic crash.

Evidence that distracted driving in all its forms is a leading cause of as many as 4 out of every 5 crashes has Florida considering banning cell phones behind the wheel.

A landmark study by the National Highway Traffic and Safety Administration and the Virginia Tech Transportation Institute found 80 percent of crashes and 65 percent of near crashes involved some form of driver inattention in the three seconds leading to the crash. Primary causes of driver inattention are distracting activities, such as cell phone use and drowsiness.

“This important research illustrates the potentially dire consequences that can occur while driving distracted or drowsy,” said Jacqueline Glassman, of the NHTSA. “It’s crucial that drivers always be alert while on the road.”

Florida lawmakers are considering several legal changes banning cell phone use and/or text messaging by drivers. One version, known as Heather’s Law, is named for a young north Florida woman who was killed on her way to the wedding planner in a crash with a semi driver who was allegedly text messaging.

While 1 in 7 drivers admitted to text messaging while driving, nearly half of teen drivers admitted sending text messages or e-mail while behind the wheel of a car.

If adopted, Florida would join five other states that ban cell phone use by drivers, including Washington, California, New York, New Jersey, Connecticut, and Washington, D.C.

Key findings of the national study include:
* Drowsiness is a significant problem that quadrupules a driver’s risk of a crash or near-crash. Drowsy driving may be significantly under-reported in police crash investigations.
* The most common distraction for drivers is the use of cell phones. However, the number of crashes and near-crashes attributable to dialing is nearly identical to the number associated with talking or listening. Dialing is more dangerous but occurs less often than talking or listening.
* Reaching for a moving object increases the risk of a crash or near-crash by 9 times; looking at an external object by 3.7 times; reading by 3 times; applying makeup by 3 times; dialing a hand held device by 3 times and talking or listening on a hand-held device by 1.3 times.
* Drivers are often unable to predict when it is safe to look away from the road to multi-task because the situation can change abruptly, leaving the driver no time to react.

According to www.drowsydriving.org, at least 100,000 police-reported crashes a year are the direct result of driver fatigue. Each year, drowsy-driving crashes result in at least 1,550 deaths, 71,000 injuries and $12.5 billion in losses.

Studies show that drowsiness can cause:
* Slower reaction time.
* Impaired judgment and vision.
* Decline in attention to important signs, road changes and the actions of other vehicles.
* Decreased alertness, preventing you from seeing an obstacle and avoiding a crash.
* Increased moodiness and aggressive behavior.
* Problems with processing information and short-term memory.
* Microsleeps — brief 2/3 second sleep episodes.

Countermeasures to prevent a fall-asleep crash while driving:
* Watch for the warning signs of fatigue.
* Stop driving — pull off at the next exit or rest area, or find a place to sleep for the night.
* Take a nap — find a safe place to take a 15-20 minute nap (more than 20 minutes can make you groggy for 15 minutes or more after waking).
* Consume caffeine — the equivalent of two cups of coffee can increase alertness for several hours, and usually takes about 30 minutes to enter the bloodstream.
* Try consuming caffeine before taking a short nap to get the benefits of both.
* Let a passenger take over the driving.

Safety is not an accident — you can take specific actions to be a safe driver and passenger.
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Florida Injury Lawyers urge motorists to obey speed limit, reduce car accidents, serious injury, wrongful death

April 2, 2009 | Associates and Bruce L. Scheiner

Speeding and traveling at speeds unsafe for road, traffic and weather conditions is the focus of Part 2 of Florida Injury Lawyer’s three-part series on the high number of traffic accidents caused by aggressive drivers, unsafe speed and distracted and sleepy drivers.

Florida injury lawyers handle hundreds of car accidents, motorcycle accidents and trucking accidents each year caused by unsafe speed throughout Southwest Florida, including Naples, Bonita Springs, Lehigh Acres, Fort Myers, Cape Coral, Venice, Port Charlotte, Punta Gorda and Sebring.

The National Highway Traffic and Safety Administration estimated 15 years ago that speeding cost society $44,193 a minute: That’s $63 million a day!

In 2006, more than 50 people lost their life to traffic crashes in each of Florida’s 67 counties and speed was often a contributing factor.

Federal statistics show speed is a contributing factor in 1 out of every 3 fatal car crashes.

Speed reduces a driver’s ability to steer safely around curves or objects in the roadway and it extends the distance required to stop a vehicle in an emergency.

Crash severity also increases with speed. Inversely, the effectiveness of restraint devices like safety bags and seat belts, and vehicle construction features like crumple zones, decline as impact speed increases.

The probability of death, disfigurement or debilitating injury doubles for every 10 mph over 50 mph, according to government statistics.

Many drivers don’t consider these dangers. They slow their speed in neighborhoods or when the weather turns bad. To them, a few miles an hour over the speed limit is an acceptable risk. They believe that the worst that can happen to them is they’ll get a speeding ticket.

But the facts are clear: Driving too fast for conditions or exceeding the speed limit can kill you.

Speed facts:
* Rural roads account for over 60 percent of all speed-related fatal crashes.
* 2 of every three speed-related crashes involve a single vehicle.
* 60 percent of all speed-related fatal crashes occur at night (6 p.m. to 6 a.m.).
* Drivers involved in speed-related fatal crashes are more likely to have a history of traffic violations.
* On average, 1,000 Americans are killed every month in speed-related crashes.

Youth and Speeding:
* Of all drivers under 24 involved in fatal crashes, 32 percent were speeding.
* Of all drivers under 21 involved in fatal crashes, 38 percent of the male and 24 percent of the female drivers were speeding.

Save gas — slow down:
* Fuel consumption increases steadily above 45 mph. Cars and light trucks use 50 percent more gas traveling at 75 mph than they do at 55 mph.
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Florida Injury Lawyers caution motorists to avoid aggressive driving, prevent car accidents, serious injury, wrongful death

March 31, 2009 | Associates and Bruce L. Scheiner

This week Florida Injury Lawyers is publishing a trio of articles on https://www.injury-lawyer-florida.com focusing on behavior that frequently leads to personal injury and wrongful death in preventable car accidents: Aggressive driving, speeding and distracted and sleepy driving.

Florida accident lawyers handle hundreds of cases each year involving car accidents, trucking accidents and motorcycle accidents caused by the negligence of aggressive drivers.

This is not an abstract threat — you are either at risk or putting people at risk of a car accident or other traffic crash. Consider this: In 2006 alone, an average of more than 700 crashes occurred every day in the State of Florida — claiming 3,365 lives, or more than 50 people killed in a Florida car accident in each and every county in the state.

Aggressive drivers are some of the highest-risk drivers on the road, according to the National Highway Traffic Safety Administration. They climb into the anonymity of an automobile and take out their frustrations on anybody at anytime. Their concern for fellow motorists is low.

They run stop signs and red lights, speed, tailgate, weave in an out of traffic, pass on the right, make improper and unsafe lane changes, make hand and facial gestures, scream, honk and flash their lights.

Signs you are an aggressive driver:
* You express frustration behind the wheel: Taking out frustrations on other drivers can lead to violence or a crash.
* You fail to pay attention when driving: Talking on the phone, reading, eating, drinking, applying makeup and other distractions are a major cause of traffic crashes.
* You tailgate: This is a major cause of crashes, which too often leads to serious injury or death.
* You run red lights: Do not enter an intersection on a yellow light. The several minutes you might save could cost you your life. Remember that flashing red lights should be treated as a stop sign.
*You speed: Going faster than the posted speed limit, or than road conditions or traffic will safely allow, is a frequent cause of serious car crashes.

Strategies for Safer Driving

*Concentrate: Don’t allow yourself to become distracted by anything but the task of driving.
* Relax: Tune the radio (while stopped) to your favorite station and relax. Music can calm your nerves and help you enjoy your time in the car.
* Don’t speed: Fewer crashes happen when vehicles are traveling at or about the same speed.
* Identify alternative routes: Even if it looks longer on paper, you may find it less congested.
* Use public transportation: It can give you a much-needed break from life behind the wheel.
* Just be late: If all else fails, be late. You will still arrive at your destination sooner than if you cause a serious car accident that injures you or someone else.

When confronted with aggressive drivers:
* Get out of the way.
* Put your pride aside: Do not challenge them by speeding up, becoming aggressive yourself, or trying to hold your own in your lane.
* Avoid eye contact: It sometimes enrages an aggressive driver.
* Report serious aggressive driving: You or a passenger may call police. But if you use a cell phone, pull over to a safe location.
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South Florida groups seek to reduce car accidents, serious injury, wrongful death by banning text messaging, distracted driving

March 25, 2009 | Associates and Bruce L. Scheiner

South Florida support for preventing serious injury and wrongful death in car accidents caused by distracted drivers could result in a new law banning cell phone use by drivers.

Florida car accident lawyers and personal injury and wrongful death attorneys in Southwest Florida represent hundreds of motorists who are injured or killed each year as a result of distracted driving.

“Stay Alive … Just Drive!” has announced a joint agreement with “Safety as Floridians Expect,” (SAFE), supporting a state and federal ban on text messaging while driving.

The partnership moves all of South Florida to the forefront in the fight against distracted driving. “Stay Alive … Just Drive,” is a driver-safety and awareness organization founded by retired Fort Myers-area paramedic Jay Anderson in Southwest Florida. SAFE is a fast-growing Southeast Florida based education and advocacy group.

Both the Florida House and the Florida Senate are debating measures that would ban text messaging and/or cell phone use by drivers.

There’s a multitude of bills in the House and the Senate,” Anderson said. “Based on what’s happened across the country, there is an increased awareness of the dangers, especially the text messaging. I think we have an opportunity to join other states and it’s long overdue.”

If adopted, Anderson said Florida would join five other states that ban cell phone use by drivers, including New York, New Jersey, Connecticut, Washington, California and Washington, D.C.

Anderson said the time has come to get real about cell phone use by drivers.

“Realistically, we all have to think about the times it’s just not proper to use your cell phone,” Anderson said. “Operating a motor vehicle is one of those times. A cell phone and texting ban will help protect all those who use our roads.”

SAFE Chairman Jim Smith said it is time for lawmakers to act.

“Text messaging is responsible for many unnecessary deaths on our streets and highways,” Smith said. “The only way it can be stopped is by adopting a law banning driver text messaging. It’s time for legislators to put people’s safety ahead of cell phone lobbyists’ interests.”
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Tougher seat belt law could save lives, prevent injuries in Florida car accidents, supporters contend

March 24, 2009 | Associates and Bruce L. Scheiner

A tougher seat belt law that would allow law enforcement to stop and ticket violators is moving through Florida’s lawmaking process this month and has a better chance of becoming law than in recent years when lawmakers returned to their districts without voting for passage.

Florida auto accident and wrongful death lawyers handle hundreds of cases each year in which drivers and passengers are seriously injured or killed in car accidents, trucking accidents and other highway collisions. Florida injury lawyers urge a comprehensive approach to safe driving as the best protection — even those wearing seat belts are often seriously injured or killed as the result of a traffic collision.

House Bill 1 and its companion, Senate Bill 344, would permit officers to stop and ticket offenders. Current law allows for seat belt violations to be issued only when a driver has been stopped for another offense.

While only a small percentage of introduced bills become laws each year, the proposal has the support of the American Automobile Associate (AAA) and other advocates for road safety.

“We do feel like we have some momentum this year,” Amy Stracke, AAA’s managing director of member and business advocacy, told https://www.injury-lawyer-florida.com.

Stracke said the issue has passed through the House in each of the last several years but died without being heard in Senate Committee. This year’s bill is moving through the process in the Senate. To become law, both the House and the Senate must approve the measure. Any bill that does not pass before lawmakers adjourn in the spring must start the process over again the following year.

Florida would join 26 other states, the District of Columbia and Puerto Rico, in making seat belt violations a primary traffic offense.

Nationally, AAA reports traffic-related injuries are the leading cause of death for people ages 4 to 34.

*29 percent of unrestrained vehicle occupants (or about one in three) are ejected from a vehicle or killed during an accident.

* Three out of four people ejected from a vehicle are killed.

* Only 1 percent of occupants wearing a seat belt are ejected.

* Safety belt usage is an average of 10 percent higher in states with primary enforcement.

In Florida, AAA reported 1,203 people who were not wearing seat belts were killed in traffic accidents in 2007.

* In 2007, more than 850 Floridians were saved by seat belts.

* Supporters estimated the improved law would save 124 lives and prevent more than 1,700 serious injuries each year in Florida.

* Supporters contend that 92 percent of the general public in Florida favors standard
enforcement for all vehicle occupants over the age of 18.

AAA and other groups pushing for the law also argue it is the fiscally responsible thing to do.

* A primary enforcement law would save Florida over $140 million in insurance, Medicaid and other related health care costs during the first year.

* Florida is eligible to receive more than $35 million from the federal government if the law passes.

* Unbuckled crash victims’ medical costs are 50 percent higher.

* A decade-long study at the Elvis Presley Trauma Center in Memphis concluded that comapred to those who were not restrained, patients who used seat belts and airbags together were 50 percent less likely to die in the hospital and treatment costs at the hospital would have been reduced by $60 million over the course of the study.
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Associates and Bruce L. Scheiner, Personal Injury Lawyers, supports prevention of car accidents, truck accidents, motorcycle accidents in Southwest Florida

March 21, 2009 | Associates and Bruce L. Scheiner

Riders and Other Advocates for Road Safety (ROARS) is mounting a community action campaign aimed at reducing road accidents in Southwest Florida.

“We stand behind any cause that seeks to reduce accidents on our roads,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers, which has been dedicated to fighting for the rights of accident victims in South Florida since 1971. “Groups like ROARS can make a real difference, particularly in a tough economy when local and state governments often reduce public-safety spending for education and other awareness programs.”

The group will seek to educate the public in an effort to reduce the number of car accidents, truck accidents, motorcycle accidents and bicycle and pedestrian accidents throughout Southwest Florida, including Fort Myers, Cape Coral, Lehigh Acres and Bonita Springs.

“Though there are many reasons for fatalities on our highways, it is truly the belief of this advocate that an alarming amount of these crashes can be avoided,” said Frankie Kennedy, founder and chairman of ROARS.

When it comes to motorcycle fatalities, Kennedy said 85 percent are the result of a vehicle’s failure to yield the right of way.

“Most people do no see the motorcycle and, because of its size, they nearly always misjudge its speed,” Kennedy said. “Associates and Bruce L. Scheiner, Personal Injury Lawyers, has supported the motorcycling community for many years and with their help, we are working very diligently to get our message out.”

Kennedy said the group will focus on all forms of road safety as it seeks to educate the public and maintain safety awareness.

ROARS also is active in educating young drivers.

“We will bring our program anywhere we can get a gathering of interested drivers,” Kennedy said. “We currently bring a motorcycle safety and driver-awareness seminar to all the local high schools in Lee County and we have touched thousands of student drivers since we started the program. It is of the utmost importance to reach as many people as possible.”

Citizens are encouraged to join with ROARS and engage in programs and activities designed to raise public awareness in their communities. The coalition strongly advocates grass roots efforts in the areas of voter registration and the development of proactive relationships with the state’s legislators to promote innovative ways to make streets, roads and highways safer for Florida residents and visitors.

ROARS recognizes the inherent dangers associated with every mode of transportation and understands the need for a purposeful and united effort by all drivers, riders and pedestrians to reduce loss due to injuries and death.

For more information about ROARS, please contact Chair and Founder Frankie Kennedy at 239-849-9065 or e-mail swchief2000@yahoo.com.
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