Articles Posted in Car Accidents

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A tragic Southwest Florida drunk driving crash that claimed the life of an Iraq war veteran home for the holidays, and critically injured his wife, has been set for criminal trial.

Florida personal injury lawyers and wrongful death attorneys continue to urge Southwest Florida motorists to use common sense and avoid the preventable carnage caused by drinking and driving.

Victims of drunk driving crashes can benefit from seeking immediate advise from a experienced Florida personal injury attorney.

Army Staff Sgt. Danny Beougher was killed Dec. 8, 2007 on Hancock Bridge Parkway. His wife, Lauren Beougher, was critically injured after authorities allege a truck driven by Ashley East, 26, crossed the median and slammed into the couple traveling home for the holidays with Christmas presents for family members packed into their Cherokee.

Associates and Bruce L. Scheiner, Personal Injury Lawyers, represents the civil rights of the estate of Danny Beougher as well as Lauren Beougher and the Beougher family. The firm also has helped the family through the criminal process and dealt with extensive media coverage following the tragedy.

The criminal trial against East has been set for April 27– nearly a year-and-a-half after the crash. East faces multiple charges, including DUI manslaughter leaving the scene of an accident causing death and serious bodily injury. East has been in Lee County jail since authorities allege that she fled following the crash and was arrested getting off a Greyhound bus in New Jersey.

Danny Beougher was a decorated war veteran who served in both Iraq and Afghanistan.

Near the time of the accident, the five-year Iraq War had claimed the lives of 4,036 American soldiers. By comparison, 16,855 people in the U.S. died of alcohol-related crashes in 2005 alone, according to the Center for Disease Control and Prevention.
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The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you’ll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.
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A new education program aimed at increasing awareness of the dangers of distracted driving is now available in Southwest Florida.

Florida injury lawyers and personal injury attorneys routinely handles crashes caused by distracted drivers and urge motorists to pay attention to the road for their own safety and the safety of those around them. Distracted driving often contributes to car accidents, motorcycle accident, trucking accidents, and accidents involving bicycles and pedestrians throughout Southwest Florida.

The program — offered by “Stay Alive… Just Drive!” and its founder, retired Fort Myers-area paramedic Jay Anderson — is available for purchase or for presentation to non-profit and other groups as an educational resource.

“It’s a very comprehensive presentation aimed at raising the awareness of distracted driving in all forms,” said Anderson, who likens distracted driving to driving while impaired by alcohol or other drugs.

Anderson is supporting Heather’s Law — Florida Senate Bill 172, which will be debated in the upcoming spring session of the Florida legislature — which would make it illegal to talk on the phone or text message while driving.

“Results of various studies have proven the dangers of distracted driving and obviously people are not going to make an attempt by themselves,” said Anderson of the law. If passed, Florida would join half-a-dozen states with similar restrictions.

The law is named for a Florida teenager who was killed in a crash with a truck driver, who was allegedly text messaging at the time.

The distracted driving presentation “LOL I”M NT BSY I’M ONLY DRIVING,” takes about 60 minutes.

Anderson said the typical driving distraction lasts three seconds — enough time for a car going 45 mph to travel more than half the length of a football field.

A 2006 study of 100 drivers by Virginia Tech Transportation Institute found driver distractions are the cause of 80 percent of vehicle crashes and 65 percent of near misses.

Those wanting more information can call “Stay Alive … Just Drive!” at (239) 340-8693.
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Fewer drunk drivers cause fewer accidents and claim fewer lives in Southwest Florida drunk driving crashes because of the minimum drinking age of 21, according to the Lee County and national chapters of Mother’s Against Drunk Driving.

Florida injury lawyers and personal injury attorneys in Fort Myers, Naples, Cape Coral and throughout Southwest Florida handle dozen’s of cases in which an innocent motorist is seriously injured or killed by the senseless, careless and negligent acts of drunk drivers.

Mother’s Against Drunk Driving came out swinging this week after a newsmagazine report on CBS’ “60 Minutes” took up the issue of whether the 21-and-up legal drinking age nationwide actually contributes to instances of underage binge drinking among teens.

The 21-and-up law “saves about 900 lives a year,” said Brenda Gellinger, local MADD president and family support coordinator for the Lee County Sheriff’s Office. She said the “60 Minutes” program “missed the mark by not including the fact that changing the drinking age would only pass the buck to high school principals.”

The head of MADD nationally was even more outspoken.
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“We are deeply disturbed by the so-called debate over the drinking age that has minimized the lifesaving benefits of the 21 law,” said Laura Dean-Mooney, MADD’s national president. “The 21 law saves lives — 900 a year on the roadways, including those 21 and older impacted by underage driving and driving.”

MADD said the current drinking age is supported by the American Medical Association, the National Transportation Safety Board, the International Association of Chiefs of Police and the Insurance Institute of Highway Safety.

Last fall, the presidents of 100 universities — including Dartmouth, Virginia Tech and Duke, said the two-decades since the drinking age was raised from 18 to 21 in the mid-1980s have been unsuccessful in discouraging underage drinking. And some are arguing, like prohibition, the restrictions on young adults are forcing it underground, away form parents and adults who could teach moderation, and actually making the problem worse.

MADD counters that binge drinking and alcohol abuse have always been problems on college campuses — and that alcohol abuse and dependence rates are actually higher for college students than non-college students, regardless of the drinking age.

Donna Shalala, president of the University of Miami and former U.S. Department of Health and Human Services Secretary, supports maintaining the drinking age at 21.

“As a three-time university president, I can tell you that losing a student to an alcohol-related tragedy is one of the hardest and heart-rending experiences imaginable,” Shalala said. “It’s not just the loss of life but the loss of the future and that potential that bright, young individual had to offer.”

In the two decades since states began setting the legal drinking age at 21, the government estimates that 26,000 lives have been saved. Of the 5,000 total alcohol-related deaths among 18 to 24 year olds, 80 percent, or 4,000, were the result of traffic crashes.
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Southwest Florida motorists should pay close attention at Lee County’s most dangerous intersections, where serious car accidents are often a weekly occurrence.

Florida injury lawyers and personal injury attorneys often deal with serious personal injury cases resulting from car accidents, motorcycle accidents and trucking accidents at dangerous intersections in Fort Myers, Bonita Springs, North Fort Myers, Cape Coral and Lehigh Acres.

According to the Lee County Department of Transportation, 103,550 vehicles a day passed through the intersection of U.S. 41 and Cypress Lake/Daniels Parkway in the most recent year for which statistics are available. The 106 accidents, or almost two a week, make the Fort Myers intersection home to the most accidents in Southwest Florida.

However, Gunnery Road/Daniels Parkway and State Road 82 had the highest accident rate when figured by traffic volume — 53 crashes, or more than one a week, despite serving just 32,950 cars a day, or less than one-third the number of cars at U.S. 41 and Daniels.

Below is a listing of some of the area’s most dangerous intersections. Note that an intersection could have a smaller number of total accidents but rank higher in overall accident rate (accidents per vehicle) because of the amount of overall traffic at that intersection.

Dangerous intersections in Fort Myers led to a high number of car accidents at the following locations:
– Cypress Lake/Daniels Parkway and U.S. 41: 106 annual crashes is the most overall. Ranks 9th highest of 117 rated intersections according to the rate of accident per vehicle.
– Gladiolus Dr/Six Mile Cypress and U.S. 41: 94 annual crashes is second-highest overall. Ranks 11th of 117 rated intersections according to the rate of accidents per vehicle.
– College Parkway/Woodland Boulevard and U.S. 41: 79 crashes is third-highest overall. Ranks 13th of 117 rated intersections according to the rate of accidents per vehicle.
– Colonial Boulevard and Ortiz/Six Mile Cypress: 77 annual crashes is fourth highest overall. Ranks 16th highest of 117 rated intersections when adjusted for overall traffic figures.

Dangerous intersections in Lehigh Acres led to a high number of car accidents and other crashes:
– Gunnery Road/Daniels Parkway and SR 82: 53 accidents gives it the highest rate of accidents per vehicle of the 117 rated intersections in Lee County.
-Gunnery Road N and Lee Boulevard: 45 accidents gives it the 6th highest accident rate of 117 rated intersections in Lee County.

Dangerous accidents in Bonita Springs, Estero, San Carlos Park areas contribute to a large number of car accidents and other crashes:
– Corkscrew Road and Three Oaks Parkway: 43 accidents gives it the 7th highest accident rate of 117 rated intersections.
– Corkscrew Road and I-75 Exit 123 Northbound Ramp: 23 accidents is the 9th highest accident rate of 117 rated intersections.
– Alico Road and U.S. 41: 54 accidents is 17th overall.
– Bonita Beach Road and U.S. 41: 52 accidents is 24th highest accident rate of the 117 rated intersections.

North Fort Myers and Cape Coral intersections that have a high rate of car accidents and other crashes:
-Pondella Road and U.S. 41: 62 accidents is the 4th highest rate of the 117 rated intersections.
– Del Prado Boulevard S. and Veteran’s Parkway: 64 accidents is 12th highest rate of accidents of the 117th rated intersections.
– Pine Island Road and U.S. 41: 55 accidents is 15th highest rate of 117 rated intersections.

Click here for a complete list of intersections.
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651738_parking_lot.jpgMore than 100 car accidents were reported in the parking lots of area malls during the last 4 months of 2008, according to a recent article in The News-Press of Fort Myers.

Florida accident attorneys and personal injury lawyers urge motorists to use caution in parking lots, where accidents can happen as people pay less attention and are more lax about obeying stop signs and other traffic control devices.

In just the last 4.5 months of 2008, 129 car crashes were reported at Lee County’s five malls.

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Some 148,000 people suffer a car accident each year without ever getting behind the wheel: They are injured by a closing car door in what the federal government has announced is the most common non-moving injury inflicted by automobiles.

For the first time, the National Highway Traffic Safety Administration has collected data for non-traffic related death and injuries and non-crash related death and injuries to the ways in which people are seriously injured or killed in or around automobiles.

“It shows you don’t have to be in a moving vehicle to be seriously injured,” said Bruce L. Scheiner, founder and senior attorney at Associates and Bruce L. Scheiner, Personal Injury Lawyers.

Florida Injury Lawyers point out such cases can involve legal questions surrounding car accidents, bicycle and pedestrian injuries, property and premise liability law, slip and fall issues, injuries to children, vehicle defect, defective product law and other legal issues.

“The bottom line is, if you are seriously injured you should contact a lawyer to examine whether you have a case,” Scheiner said.

Such dangers are now being tabulated by the federal government, including: falls from vehicle, battery acid and antifreeze burns, jack accidents, tire explosions, window strangulation, and those injured or killed by being locked in the trunk.

“I don’t think anyone until now had an accurate sense of the extent of vehicle-related injuries and fatalities that did not occur on a public highway,” NHTSA spokesman Rae Tyson told Forbes Magazine. “It certainly underscores the risks that exist in a vehicle whether it’s on the road or off, and I hope it will call some attention to some of those issues.”

The new statistics also shed light on what the government terms Nontraffic crash fatalities and injuries, including single-vehicle crashes on private roads, collisions with pedestrians on driveways and two-vehicle crashes in parking facilities.

Bicyclists and pedestrians account for about half (614 of 1,159) of non-traffic crash fatalities and about a third (34,000 of 98,000) of non-traffic injuries.

Backovers, where drivers injure or kill a non-occupant by reversing over them, account for another 19 percent of fatalities and 14 percent of injuries.

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Annual average of non-crash fatalities by type:

Struck by falling vehicle: 168 Accidental carbon monoxide poisoning from exhaust: 147 Fall from vehicle: 88 Vehicle fire: 57 Struck by Object: 44 Hyperthermia (excessive heat): 37 Hypothermia (excessive cold): 14 Poisoning: 9 Exploding Tire: 7 Vehicle window asphyxia: 5 Electrocution: 4 Drowning: 3 Closed in trunk: 3 Radiator fluid burns: 2
The government reported that 22 percent of injuries (164,000 of 743,000) occur as people enter or exit a vehicle: falls (84,000), striking a door or door frame (36,000) and in other situations such as sprains or strains while exiting (44,000).
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A new study by the American Automobile Association’s (AAA) Foundation for Traffic Safety found a four-fold increase in accidents by people who use cell phones while driving.

908295_wasted_youth.jpgYoung drivers — already four times more likely to get into an accident — were twice as likely to use a cell phone while driving, according to the AAA study and a survey by FindLaw.

Florida car accident lawyers urge motorists to avoid distracted driving and talk to their children about the dangers. National statistics show traffic accidents are the leading cause of death for young people ages 16 to 24.

Teenage drivers in Fort Myers and Cape Coral are among the most likely nationwide to be involved in a car accident or other traffic crash, according to a recent insurance report.

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.

“Talking on the cell phone reduces concentration by about 37 percent,” said Jay Anderson, a retired Fort Myers area paramedic and founder of “Stay Alive … Just Drive,” which promotes safe driving habits.

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“Yet they get behind the wheel and convince themselves they are perfectly capable of multi-tasking,” Anderson said.”It had been questionable for a number of years, but recent studies have definitely proven how dangerous distracted driving has become.”

The AAA study also reported: “The best available evidence suggests that it is no less hazardous for a driver to use a hands-free phone than to use a hand-held phone.”

Synde Bultman, trauma injury prevention and resource manager for Lee Memorial Health System, said a recent study from the University of Utah showed drivers were more impaired from cell phone use that from driving legally intoxicated.

“They actually had more errors while they were on the cell phone than when they were drinking,” she said. “You need to stay focused and keep your eyes on the roadway. At all times you need to watch what other drivers are doing around you.”

Lee Memorial offers free seminars for young drivers and/or their parents. The next class is on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Anyone wanting more information can call (239) 336-6797.

Florida lawmakers are considering banning or restricting driving while talking on the phone and/or texting while driving. Four states — Alaska, Minnesota, New Jersey and Washington — already have such restrictions in place.

Did You Know:

-Using a cell phone while driving significantly impairs several aspects of driving performance, principally reaction time.
– Studies of the cell phone records of crash-involved drivers suggest that using a cell phone while driving is associated with roughly a quadrupling of crash risk.
– Two out of every three drivers believe that using a hands-free cell phone while driving is safer than using a hand-held phone; however, the overwhelming majority of available evidence suggests that it is not.
-Over half of all drivers admit using a cell phone while driving at least occasionally; 16–17% report doing so regularly.
– Younger people are overwhelmingly more likely than older people to text message while driving- nearly half of survey respondents aged 18 to 24 admit doing so, whereas fewer than 5% of drivers aged 45 and older admit doing so.
– More than four out of five drivers rate drivers using cell phones as a serious or extremely serious traffic safety problem.
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As the evidence continues to mount about the dangers teenagers face behind the wheel, Florida car accident attorneys an personal injury and wrongful death lawyers urge parents to talk with their children and make them aware of a growing list of local resources.

Statistics consistently show that motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Teen drivers ages 16 to 19 are four times likely to crash than older drivers.

And a recent insurance study reported that Fort Myers and Cape Coral was the deadliest metro area of its size nationwide for teen crashes through Christmas and New Year’s and a hotspot for teenage accidents throughout the year.

The accident rate among teen drivers in Southwest Florida is increasing — up 12.5 percent in 2006, when 233 teenagers were involved in accidents in Lee County. Toxic substances were involved in half the crashes among drivers 15 to 25.

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The Florida Department of Transportation and the Department of Highway Safety and Motor Vehicles have debuted a website “Take The Wheel,” which emphasizes the risks of teen driving. Geared toward teenagers, the edgy site offers video, real-life stories and other information for teens.

It reports a teenager is injured every 55 seconds in a crash and a teen dies in a car crash every 6.5 minutes — or about a dozen times an hour.

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 Feb. 10 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.
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Nearly 1 in every 4 drivers on Florida roads is driving without insurance, a number likely to increase with a souring economy. The trend is prompting Florida injury lawyers to encourage motorists to make sure their uninsured/underinsured motorist coverage is adequate in the event of a serious accident.

The attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers, encourage Florida drivers to make sure they have uninsured/underinsured motorist coverage. It can be purchased as stacked or unstacked.

Florida Personal Injury Lawyer Preston J. Scheiner
, said motorists with more than one vehicle are encourage to purchase stacked coverage because it affords the potential for better benefits in the event of an accident with an uninsured driver.

Scheiner said motorists should purchase as much coverage as they can afford. “It is relatively inexpensive compared to the cost of being hit by an uninsured driver,” he said.

The recent report released by the Insurance Research Council ranked Florida as fifth-highest in the nation, with 23 percent of drivers without insurance, compared to a national average of 13 percent.

Florida joined New Mexico (29 percent), Mississippi (28 percent), Alabama (26 percent), and Oklahoma (24 percent) as the states with the highest number of uninsured motorists on the road.

While nationally the rate has decreased from 14.9 percent in 2003 to 13.8 percent in 2007, the Insurance Research Council reports the recent economic downturn is expected to trigger a sharp rise in the number of uninsured motorists on our roads.

“An increase in the number of uninsured motorists is an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments,” said Elizabeth A. Sprinkel, senior vice president of the IRC.
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