Drunk Driving Victims

Florida injury lawyers urge motorists to review Top 10 lethal driving mistakes to avoid fatal car accidents, serious injury

May 11, 2009 | Associates and Bruce L. Scheiner

Florida injury lawyers is posting the Top 10 lethal driving mistakes, as compiled by MSN Autos, to remind motorists that safe driving habits are the best defense to prevent you or a loved one from being seriously injured or killed in a car accident or other traffic fatality.

Nationwide, 37,313 died in traffic crashes in 2008 — more than 1,200 in Florida. Traffic accidents are the leading cause of death for young people ages 15 to 24.

Swerving: The No. 1 mistake drivers make is not staying in their own lane, running off the road, or drifting into another lane. According to the National Highway Traffic Safety Administration, more than 15,000 people were killed in crashes in 2007 as a result of a driver who didn’t stay in the proper lane.

Driving Drowsy: The NHTSA estimates more than 1,400 people were killed in traffic crashes in 2007 as a result of driver fatigue. Visit www.drowsydriving.org for more information.

Drinking and Driving: Every 40 minutes someone dies in a drunk-driving accident. Young drivers ages 21 to 34 are responsible for well over half of alcohol-related fatalities. According to the NHTSA, 60 percent of drivers who died after dark in 2007 were legally drunk. Alcohol is also a factor in half of pedestrian traffic deaths — both drivers and pedestrians are culprits.

Overcorrecting: More than 4 percent of automobile fatalities occur because of driver overcorrecting, particularly while behind the wheel of an SUV driving on the highway at high speeds.

Speeding: Speeding is the second-highest cause of death in fatal crashes, according to the NHTSA. Thirty percent of fatalities occur at 55 mph or above. The worst case scenario is speeding without a seat belt or motorcycle helmet. Fatality rates for speeding motorcyclists are shockingly high — 36 percent of motorcycle fatalities were caused by speed in 2007.

Failure to Yield the Right of Way: For drivers over the age of 70, failure to yield is the top cause of crashes. The Insurance Institute for Highway Safety reports drivers over 80 simply fail to see the vehicle, while drivers 70 to 79 misjudge the time and distance. Failure to yield the right of way was the 5th leading cause of fatal crashes in 2007.

Erratic or Reckless Driving: More than 1,850 fatalities in 2007 were the result of reckless driving, including weaving, tailgating, exceeding the speed limit by more than 20 mph or doing more than 80 mph.

Running red lights: Three out of every four automobile accidents occur in cities — the most common cause is hitting the gas when the light turns red.

Not Wearing a Seat Belt: Despite the fact that wearing a seat belt is far more prevalent than even a decade ago — not to mention legally required — one-third of traffic fatalities result from unbuckled occupants. Without a seat belt, car drivers and passengers put themselves at risk of being ejected and 76 percent of the time ejection results in death.

Inattentive Driving:
Eating, talking on a cell phone, text messaging and fumbling with the car stereo all result in inattentive driving, which was responsible for 4,704 deaths in 2007. Talking on the cell phone has become the number one bad habit, with an estimated 1 million drivers talking on the phone at any given time and an increasing number of states, including Florida, considering outlawing the practice.
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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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Florida drunk driver accused of causing two fatal drunk driving crashes

April 17, 2009 | Associates and Bruce L. Scheiner

In Tampa this week, a drunk driver is accused of causing five drunk driving crashes within 30 minutes — killing two women in a spree of crashes that only stopped after he flipped his gold Chevy Yukon.

Florida injury lawyers sue drunk drivers. This Florida drunk driving incident is another example of the reckless and tragic consequences caused by someone who climbs behind the wheel after drinking.

National and state statistics claim as many as one in three road fatalities involve alcohol.

The suspect was being held in jail without bond after being charged with two counts of DUI manslaughter, one count of vehicular homicide and one count of vehicular homicide leaving the scene.

Police claim the driver rear ended a semi in the middle of the afternoon on Monday and then got into four other crashes a few miles away — plowing into two cars that left two women dead.
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Tragic Florida drunk driving crash set for trial in Lee County, Florida

March 16, 2009 | Associates and Bruce L. Scheiner

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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Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida

March 1, 2009 | Associates and Bruce L. Scheiner

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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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Southwest Florida drunk driving reduced, lives saved because of minimum drinking age, MADD argues

February 26, 2009 | Associates and Bruce L. Scheiner

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.

“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 car accidents likely to occur at Lee County’s most dangerous intersections

February 25, 2009 | Associates and Bruce L. Scheiner

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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Fort Myers man sentenced to 15 years in prison for tragic drunk driving crash

January 27, 2009 | Associates and Bruce L. Scheiner

A 34-year-old Fort Myers man was sentenced to 15 years in prison and had his driver’s license permanently revoked as a result of a horrific drunk driving crash that killed two children and left their mother and brother critically injured.

The wrongful death and personal injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, represent the family in their pending civil lawsuit for the injuries and wrongful death caused by the drunk driving crash.

. The Jan. 14, 2007 crash near Fort Myers Beach killed Jordy Martinez, 1, and Jesus Martinez, 6. Their older brother Juan, who was seated in the back seat with his siblings, and their mother, Maria Bustamante, were seriously injured.

George Butler III, pleaded no contest last month to all 12 charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury. Butler said he did not want to put the family through the pain of a trial and left his sentence up to Judge Margaret Steinbeck.

Butler was arrested after hitting several cars in the parking lot of a beach bar, before racing off the beach and colliding with the vehicle driven by Maria Bustamante.

Judge Steinbeck cited Butler’s mental health issues, lack of a prior criminal record and his remorse as reasons she did not sentence him to the maximum of 30 years to life in prison in the criminal case.

The civil case remains pending. Filed by Associates and Bruce L. Scheiner, Personal Injury Lawyers, it seeks compensation for the devastated Bustamante family.

“The defendant killed two children and seriously injured another child and two adults,” Steinbeck said. “The court finds a lengthy prison sentence to be appropriate to punish the defendant.”

Steinbeck also ordered Butler to perform community service by working to prevent teenage drinking upon his release, where he will be subject to additional restrictions through probation and parole.
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Florida accident attorneys warn of possible spike in uninsured motorists

January 26, 2009 | Associates and Bruce L. Scheiner

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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Southwest Florida points cameras at red light violators, aims to reduce accidents

January 8, 2009 | Associates and Bruce L. Scheiner

The dangerous and deadly business of running red lights at Southwest Florida intersections is increasingly caught on camera – a costly, if not fatal error for the driver and evidence increasingly used in court by criminal and accident lawyers.

Lee County is testing a camera at Colonial Boulevard and Summerlin Road, The News-Press reports, and cameras at other intersections could be on the way.

Orlando and Collier County, including the City of Naples, already use the cameras and have written local laws to get around a state prohibition against ticketing offenders based on video evidence (current state law only allows such ticketing for toll cheaters).

The accident attorneys and staff at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge motorists to use caution at intersections. The firm has handled hundreds of cases where motorists are seriously injured or killed in an intersection accident because an offender was in a hurry and failed to stop at a red light or stop sign.

Lee County will use the camera to determine how many tickets it could issue and how many extra staff members it would take to process violators. State lawmakers are likely to take up the cause of allowing tickets to be issued this year, even without a special ordinance.

Detractors point out that vehicle owners would get the ticket in the mail, regardless of who was caught on camera driving. And there is some data to suggest that rear-end collisions have increased at intersections where cameras have been installed.

But the deadly issue is getting increased attention. Several years ago, the state doubled the cost of red-light tickets and passed a substantial portion of the proceeds on to trauma centers, including Lee Memorial Hospital, which deal with the carnage left in the wake of someone in too big of a hurry to pay attention to one of driving’s most basic safety requirements.

More than 13,000 crashes were reported at Lee County intersections during the last three years.

A recent nationwide study of deadly crashes at traffic signals found nearly 1 in 4 failed to obey the light, injuring more than 144,000 people nationwide in 2006. Nearly half the fatalities caused by red-light runners are pedestrians and vehicle passengers, according to information gathered by Jay Anderson, a retired Fort Myers-area paramedic and founder of “Stay Alive … Just Drive,” a campaign that urges motorists to concentrate on driving and avoid distractions like cell phones.

A 2007 California study found red-light runners were three times more likely to have multiple speeding convictions, were less likely to use seatbelts and drove smaller and older vehicles, further increasing their chance of serious injury or death.
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