Florida Injury Lawyer Blog

Florida Car Accident Risks in the Summer

July 9, 2013 | Associates and Bruce L. Scheiner

Our roadways are getting busy out there, and the risks of accidents are skyrocketing because of it.

According to the Cape-Coral Daily Breeze, a local driver was involved in an accident recently that sent three people to the hospital. It happened on Interstate 75 when a semi-truck was slammed into by a passing SUV just south of Exit 164.

Our Punta Gorda car accident lawyers understand that the SUV flew off the roadway and caught fire when it finally came to a stop about 100 feet away. According to the Florida Highway Patrol (FHP), the driver of the truck was not injured. It was the three occupants in the SUV who were injured, including a 6-year-old boy. All of them were taken to Peace River Regional Medical Center.

Currently, officials with the FHP are waiting for the results of an alcohol and drug test.

According to USA TODAY, Florida is one of the most-visited states in the country, drawing 80.9 million visitors in 2009 to its theme parks and beaches. And that’s partially the reason why our roadways are so dangerous. An increase in traffic equates to an increase in traffic accident risks.

If you’re going to be heading out on Interstate 75 anytime over the summer, your best bet is to avoid using it during the morning and evening rush hours. You also want to make sure that you’re allowing yourself extra time to get to where you’ve got to go. This is going to help you avoid rushing should to encounter a traffic accident or a road block.

It’s also important to remember that plans don’t always go as, well, planned. Make sure that you’ve got your GPS system ready to go and that your route is carefully planned. Try avoiding busy roadways. Take back roads and roadways with less traffic to help ensure a safe, on-time arrival.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 228,000 traffic accidents recorded in the state of Florida in 2011. That means that there were roughly 625 accidents recorded each and every day.

In these collisions, there were close to 2,500 people who were killed and another 182,000 people injured.

And many of these accidents could have been avoided with more alert drivers. It’s important to hop behind the wheel with a plan and to make sure that there’s nothing distracting you from the task at hand — driving.

Stay on the ball and stay alert behind the wheel to avoid becoming a statistic. Safe travel is in your hands.
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Florida Pedestrians Injured by Cell Phone Use?

July 8, 2013 | Associates and Bruce L. Scheiner

We oftentimes talk about the dangers associated with distracted driving — taking the lives of thousands every year. But did you know that distracted pedestrians are facing the very same risks?

According to a recent study from the Ohio State University, there were nearly 2,000 pedestrians who found themselves in an E.R. because of a distracted walking-related accident. Unfortunately, those are only the ones that were reported. Researchers believe that these accidents are properly recorded in the first place and that’s why it’s tough to pinpoint the seriousness of the problem. Researchers actually estimate that there are roughly 2 million people each and every year who are involved in a distracted walking accident.

Our Fort Myers injury lawyers understand that Florida continues to be one of the most dangerous states in the country for pedestrian accidents. Our beautiful weather, our growing populations, our exercising habits and our accessible attractions make it easily understood why there are so many people out walking — both residents and visitors.

“The role of cell phones in distracted driving injuries and deaths gets a lot of attention and rightly so, but we need to also consider the danger cell phone use poses to pedestrians,” said Jack Nasar, co-author of the study.

Unfortunately, these accidents are on the rise, too. Since 2005, the number of distracted-walking accidents has actually doubled. But we get it. Smartphones are the key to society. We’re all constantly working and keeping in touch with loved ones, but there’s no reason to jeopardize our safety for it. If you’ve got a phone call, email or text message that needs your immediate attention, just stop and reply. There’s no use in walking into traffic while doing it — unless you’re trying to make a costly visit to the emergency room.

How serious is the problem in Florida?

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were more than 7,000 pedestrian accidents in the state of Florida in 2011. That’s more than 20 pedestrian accidents a day, and those were only the ones that were reported.

In these accidents, there were nearly 500 pedestrians killed and another 6,000 injured.

And unfortunately, Lee County continues to be one of the most dangerous in the state. Hang up the phone. If you’ve got a text message, a phone call or an email that you need to attend to, stop, have a seat and deal with it safely away from the road. You don’t want to walk off a curb, walk into a pole or walk into oncoming traffic because of it. These are risks that can be easily avoided. Stay safe out there.

It’s time we hang up the phone (at least while walking along our roadways) and pay attention to what’s going on around us. It’s a beautiful day. Look up and look around (and watch out for that car).
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Wishing You a Safe and Happy Fourth of July Holiday

July 3, 2013 | Associates and Bruce L. Scheiner

With the Fourth of July holiday, we’re all looking for some time off with friends and family amid a fireworks show. Unfortunately, too many of those at-home firework shows turn into serious accidents. And that’s why, under Florida law, only sparklers, approved by the Florida Division of State Fire Marshal, are legal for consumer usage.

In Florida, it’s also illegal to use exploding and/or flying fireworks. This includes firecrackers, rockets, roman candles, shells and mortars and multiple tube devices.

“If you choose to celebrate with fireworks, protect your family and friends by following the proper safety practices,” said Jeff Atwater, the Florida Chief Financial Officer and State Fire Marshal.

Our Lehigh Acres injury lawyers understand that there are going to be many families out celebrating this Fourth of July with friends and family members. If you’re going to be lighting off any kind of fireworks, make sure that they’re legal and safe. There were more than 270 fires caused by fireworks in 2011. Not only did these fires cost close to $750,000 in property damage, but they led to injury as well.

According to the Division of State Fire Marshal, there are over 2,000 fireworks that are approved for use in Florida. When you’re using these fireworks, you’re urged to follow these safety tips:

-Never allow children to play with any sparklers. These devices can heat up to anywhere between 1,300 and 1,800 degrees and can serve up some serious risks for injuries.

-Make sure that all pets are kept away from areas in which fireworks are being lit.

-You only want to light off one firework at a time.

-Never try to make or alter your own fireworks.

-Stay away from those lighting fireworks. They have been known to backfire or shoot off in the wrong direction. Never throw or point fireworks at someone, even in jest.

-Never have any portion of your body directly over a fireworks device when lighting the fuse.

-If a firework doesn’t go off, or is a “dud”, don’t attempt relighting it. Simply disregard it in a bucket of water.

-Make sure that you’re keeping a bucket of water nearby of a hose.

-Make sure that you’re only getting your fireworks from a licensed supplier.

-Always light fireworks on a hard, flat and level surface to insure the stability of the products. Grass is generally not suitable for any firework intended to be used in an upright position. If lighting fireworks on grass, lay down a flat wooden board for a shooting surface.

-Make sure you’re not lighting off any illegal fireworks. Florida law classifies it as a first-degree misdemeanor, which means those convicted could face up to a year in a prison, a $1,000 fine and court costs.

-Your safest bet is to attend a public fireworks show. This is your safest (and probably most entertaining) option.
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$ Cost of Florida DUI Reaching Thousands $

July 2, 2013 | Associates and Bruce L. Scheiner

We all know that drinking and driving can have deadly consequences. But there are still millions who do it each and every year. For the ones who escape death — there are some other serious (and costly) consequences.

According to MSN Money, a drunk driving conviction can wind up costing you thousands of dollars, including higher insurance rates, attorney fees and court fees and fines.

Our Fort Myers drunk driving accident lawyers understand that a DUI conviction can easily cost someone $15,000. Are you willing to risk it?

But where do the costs come from?

Initial costs and fines:

Right when you’re arrested, you’re going to have to worry about posting bail. This can be a few thousand dollars. Although this money can be returned when you appear in court when scheduled, there’s no guarantee. You’re also going to have to pay to get your car from impound. That costs a couple hundred dollars, too.

When you’re convicted, you’re going to be fined again. This fine will be at least another couple hundred dollars. And don’t forget to add in the court costs.

DUI courses:

With a DUI, you’re going to be required to take a class regarding the dangers of drunk driving. That’s going to cost you, too. In the state of Florida, a 12-hour course can run you about $250.

Driver’s license fees:

When you get busted, officers are going to suspend your driver’s license. Oftentimes this is for at least a year. When you’re able to get it back, you’re going to hand over a restoration fee.

Lawyer costs:

This is a cost that can vary by the firm’s experience, location and severity of the case. According to MSN Money, lawyers can run anywhere from $250 to $25,000. An average in South Florida for a typical DUI is $3,000 to $5,000.

Insurance hikes:

A DUI is going to spike your insurance rates by at least 20 percent, according to Insurance.com. But this is an increase that can vary, depending on the company and where you live. How long you pay this increase varies depending on your insurer, but typically it will spike for about three years. In many cases, premiums for insurance nearly double.

Ignition interlocks:

These are the devices that can read your blood-alcohol level in the vehicle and won’t allow the vehicle to start unless you return a zero percent reading. These can cost a couple hundred to install — on top of a pricey monthly fee.

If you’re lucky enough to keep your job after a DUI, you can also wind up facing some additional costs to be able to drive on the job, along with DUI school, counseling, community service hours and even jail time.

If you’re not allowed to drive anymore, you’re going to have to find alternative ways to get around, and that can wind up costing you even more.

Clearly the costs are just not worth the risk — even if you don’t end up in a serious or fatal accident this summer. Stay safe this summer. Be responsible — don’t drink and drive.
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ABS Saving Lives of Florida Motorcycle Riders

July 1, 2013 | Associates and Bruce L. Scheiner

If you have a motorcycle, you’re better off with one that has an antilock braking system (ABS).

According to the Insurance Institute for Highway Safety (IIHS), these bikes are more than 30 percent less likely to be involved in a fatal accident than a bike that doesn’t have this system.

According to the IIHS and the Highway Loss Data Institute (HLDI), there was a significant decrease in the number of motorcycle accidents and fatalities in 2008 and again in 2010, but that’s no longer the case. Our Fort Myers motorcycle accident lawyersunderstand that motorcycle accidents and fatalities are on the rise. The recent findings regarding ABS have prompted the IIHS to get the government to make these systems a requirement on all motorcycles. Currently, both organizations are petitioning to the National Highway Traffic Safety Administration (NHTSA) for this requirement.

“We hope NHTSA will agree that it’s time to take action to ensure all riders get the benefit of this lifesaving technology,” said the president of both the HLDI and the IIHS, Adrian Lund.

The truth of the matter is that Florida is one of the most dangerous states in the country for these kinds of accidents.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 400 motorcyclists killed in the state of Florida in 2010. There were another 50 motorcycle passengers killed in these accidents. In addition to this, there were another 7,500 motorcyclists injured in Florida accidents. All in all, there were close to 8,500 motorcycle accidents recorded by officers throughout the year.

If you’re heading out on the open road, you’re urged to be on your best behavior. It’s important to make sure you’re aware of the motorists around you as they’re oftentimes overlooking you. Consider these safety tips for a safer ride:

-Consider enrolling in a Motorcycle Rider Safety Course to brush up on your riding skills.

-Make sure that you’re equipped with the proper motorcycle riding gear.

-Always make sure that other motorists can see you. Wear bright or retro-reflective clothing and make your maneuvers in traffic predictable. Stay out of the blind spots’ of other motorists.

-You should always be aware of the traffic laws in the areas you’re traveling. Make sure you’re always obeying them, too!

-Be especially cautious while driving at night. This is the time when we see more fatal accidents that any other time. This is also true for the weekends.

-Make sure that you’re always wearing a helmet. This is your best defense against death in the event of an accident.

-Be sure to always use your blinkers and alert other motorists of your intentions.

-Look over your motorcycle before each time you get on and go.

-Get a motorcycle endorsementon your driver license.
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Increasing Speed Limits and Fort Myers Car Accidents

June 29, 2013 | Associates and Bruce L. Scheiner

You might remember when President Richard Nixon put his signature on the National Maximum Speed Law, which reduced the top speed on all U.S. interstates to 55 mph. The law was in response to the 1973 oil embargo, and it was meant to rein in fuel consumption.

And it could happen again.

Our Fort Myers car accident lawyers understand that the same proposal is again up for debate. As you might know, speed limits are regulated by states and local authorities now. And according to MSN, there are close to 40 states that have speed limits of 70 miles per hour or higher on some portion of their road system. That’s a number that’s expected to rise, too. More and more state legislatures are looking at inching up local speed limits.

While many support the increase and say that it’s going to help interstate commerce, there are many others who are saying that the risks for an increase in roadway fatality rates just isn’t worth it.

Back in May, Illinois Gov. Pat Quinn was sent a measure to increase the speed limit on the state’s non-urban interstate highways to 70 miles per hour.

Starting in July, the Ohio Department of Transportation decided to increase the speed limit on some of its roadways to help to get commercial traffic through quicker.

The faster the speed of a vehicle, the greater the risk of an accident. The forces that a body experiences also increase in an accident as the speed is increased. Most people would agree that going 100 mph is foolhardy and will lead to disaster. The problem here is that going faster than the speed limit by a mere 5 miles per hour in the wrong place can be just as dangerous — and just as deadly. Speeding is a deliberate and calculated behavior where the driver knows the risk but ignores the danger. Fully 90 percent of all licensed drivers speed at some point in their driving career; 75 percent admit to committing this offense regularly.

Could Florida be next to raise its speed limits?

According to the Florida Department of Transportation (DOT), officials are concerned about your safety. That is why we set speed limits on our state highways through the use of these familiar black and white signs. But is there a change in the future?

Unfortunately, we know that many accidents are the result of inappropriate speeds. With higher speeds, we typically see more accidents.

According to SmartMotorist.com, most accidents are caused by excessive speed or aggressive driver behavior. So at this point, it seems safer to keep the speed limits as they are.

Regardless of the speed limit, you’re urged to travel cautiously and alertly. It’s also important to remember that you must alter your driving habits to accommodate the weather and road conditions.
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Florida Car Accident Fatalities on the Rise

June 29, 2013 | Associates and Bruce L. Scheiner

New statistics from the National Highway Traffic Safety Administration (NHTSA) were not as safety advocates hoped. According to the government, there were more than 34,000 people who were killed in traffic accidents across the U.S. in 2012. This number serves as a 5 percent increase from the previous year. We’ve been seeing decreases each year over the past six years since reaching a near-term peak in 2005, decreasing by more than 25 percent from 2005 to 2011. But that all changed in 2012.

Our Naples car accident lawyers understand that this increase in traffic accident fatalities could have been caused by a number of factors, but officials are targeting one reason in particular. Officials are crediting the increase in driving as the main cause. As our economy continues to recover, motorists are feeling more comfortable in spending at the pump and taking those much needed vacations that they missed out on in recent years. More employees are making the commute back and forth to work as the economy improves. With a thriving economy, we typically see more miles driven and an increase in accidents.

According to the NHTSA, Region 4 (including Florida, Georgia, Alabama, South Carolina and Tennessee) saw a 2 percent increase in the number of traffic accident fatalities from 2011 to 2012.

These accidents are getting quite costly, too. According to the National Safety Council (NSC), direct costs from accidents in 2012 rose to more than $275 billion. Included in these costs were medical expenses, productivity loses, property damage, employer costs and administrative expenses. These costs were estimated to have risen about 5 percent from the year before as well.

In addition to the increase in vehicle miles traveled in 2012, officials are also looking at driver distractions as a common cause of these accidents. Smartphones and distracted-driving accidents accounted for roughly 20 percent of all traffic accidents recorded throughout the year. But there are other incidents that may have led to the increase. Officials are speculating that lack of seat belt usage, drunk driving, teen driver’s inexperience, drowsy driving and unsafe truck drivers were also top causes of traffic accident fatalities. The truth of the matter is that many of these accidents are completely preventable. Drivers need to pay more attention behind the wheel and ensure that safety is their number one concern. It’s a sad fact, but we all forget sometimes.

Drivers are encouraged to enroll in a Florida Driving School. It’s never too late to brush up on your skills behind the wheel. Your refreshed knowledge and awareness can actually wind up saving your life, and it can help to lower your insurance premium with many companies. Classroom courses are available throughout Central Florida. For some classroom courses, including Basic Driver Improvement, First Time Driver, and DUI, you can view schedules and register online. Online courses including traffic school courses are available 24 hours a day, seven days a week.
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AAA Reports Multitasking a Myth Behind the Wheel

June 27, 2013 | Associates and Bruce L. Scheiner

A new study from the AAA Foundation for Traffic Safety concludes that drivers are not able to perform, at the same time, the tasks it takes to safely operate their vehicle while they’re engaged in another cognitive demands — like talking on the phone or talking to text.

Unfortunately, many believe that hands-free devices are safer for drivers and can eliminate the risks for car accidents. But that’s just not the case. Distractions of all kinds can significantly increase our risks for a collision. Even those using hands-free technology to talk or communicate with others while driving were far more distracted than drivers not using cell phones behind the wheel, according to CNBC.

“There are in-vehicle activities, such as using a speech-to-text system to send text or e-mail messages, which produced a relatively high level of cognitive distraction,” stated the AAA study.

Our Fort Myers car accident lawyers understand that distracted-driving accidents take the lives of roughly 3,000 people each and every year. Hundreds of thousands more are injured in these very accidents. Unfortunately, a common theory is that as long as your hands are on the wheel and your eyes are on the road, then you’re okay. But the truth of the matter is that hands-free devices cause serious distraction and can be the cause of serious accidents.

“It’s interesting as AAA nationally did a survey just this past year and 71% of all drivers believed that hands-free is risk-free and 50% of all drivers believed infotainment systems are not distracting. Both of those statistics could not be further from the truth,” said Gail Weinholzer, at Triple-A-Iowa.

Officials with the National Safety Council (NSC) are backing these findings and are urging automakers and lawmakers nationwide to look over this new study and make the appropriate changes.

“We encourage these groups to reconsider the inclusion of communications and entertainment technology built into vehicles which allow, or even encourage, the driver to engage in these activities at the expense of focusing on driving,” said Janet Froetscher, the NSC’s president and CEO.

As we recently reported on our Florida Injury Lawyer Blog, Governor Rick Scott has signed a ban to makes it illegal for all drivers in the state of Florida to text message in the driver’s seat — or at least it will be when the law takes effect in October. If you’re busted distracted by text messages or emails behind the wheel, then you’re looking at a $30 fine. Although it’s a mere secondary offense, it’s still a step in the right direction.
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Hurricane Season: A Reminder to Prepare for Summer Storms

June 19, 2013 | Associates and Bruce L. Scheiner

Hurricane season is here and it is best for South Florida residents to be prepared. Every year, victims of hurricanes are injured or lose their lives because they miss warning signs or take unnecessary risks. As the sudden appearance of Andrea reminds us, it is best for residents throughout the region to be prepared.

Risks associated with hurricanes are high. Victims can be injured by debris, falls, electrical wires or storms, as well as drowning. To keep your family safe this season, you should review the guidelines published by the Florida Highway Safety and Motor Vehicles department. In addition to keeping motorists safe, the recommendations can help you make the best decisions for your family during a storm. Our Florida personal injury attorneys are dedicated to helping residents throughout the area with staying safe.

Unfortunately, predicting where a hurricane will strike can be difficult. Depending on where you are, the hazards you face will vary. And, often overlooked are the very real risks presented by violent afternoon thunderstorms, which are commonplace this time of year. Whether you are at home, work, school, or in your vehicle you want to be aware of the particular dangers in your area. You should also remain aware of any changes and be flexible to make a last-minute decision in the event of an emergency.

Remain alert throughout the hurricane season by listening to weather reports and keeping an eye on weather patterns for sudden storms. Winds, dark clouds, and humidity can all be signs of a brewing storm. If you do get news of an impending storm, you should take action as soon as possible to preserve your safety and that of your loved ones. Throughout the storm, you should monitor its progress and follow the instructions provided by emergency officials.

When driving in a vehicle, always be mindful of traffic conditions, road congestion, construction, lane closures, flooding and other potentially dangerous conditions that may lie ahead. Always slow down because it may be difficult to see what lies ahead in the roadway. Rain and splashing puddles can make it difficult to see in front of you and increase the risk of hydroplaning. Be cautious of high winds, especially if you are in a truck or on a motorcycle.

During a storm, you should remain extra careful, even in what may seem like familiar territory. You could come upon dangerous roadways, closed intersections, or flooding. If you see an officer directing traffic, follow his or her instructions. If a traffic light is out, treat that intersection like a 4-way stop. Most importantly, never drive through moving water, especially if you cannot see the road beneath.

If you are not already in a vehicle, you should try to stay put. Do not leave home or work unless it is absolutely necessary. If you are not already at home, you should be prepared to stay in one place, possibly for an extended period of time. Many victims of hurricanes suffer because they head out, thinking the storm is over. Keep in mind that the majority of injuries and deaths occur because of dangerous conditions after a storm, not because of the storm itself.

You should also warn your children of potential dangers, especially curious teens or older children who may try to venture out to see the remnants of the storm. Curious observers can also get in the way of emergency crews who are looking to rescue those in need. You should also update your emergency contact information for officials.
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New Regulations Limit “Hours of Service” for Truckers

June 18, 2013 | Associates and Bruce L. Scheiner

State and federal regulations limit truck load size, speed, equipment, as well as driver schedules. Driver fatigue is a well-documented problem in the trucking industry where drivers have an incentive to speed and chase the clock. Truck drivers in Florida and nationwide will now have to comply with new provisions effective July 2013 that will restrict their “hours of service” or the number of hours they can be on the road.

The new federal provisions will help to ensure that drivers are well-rested and to prevent fatigue that can cause drowsiness and accidents. A driver who has not had proper sleep has slow reaction times and is more likely to cause an accident or lose control of a commercial truck. Our truck accident attorneys are dedicated to ensuring road safety and holding truck drivers and trucking companies accountable for negligence.

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The very nature of the trucking industry means that truckers have an incentive to drive even when they are tired. Drivers are often paid by how much ground they can cover. Doing the math, a driver understands that the faster they drive and the more hours on the road, the more money they can pocket. These incentives mean that drivers are often prone to sleep deprivation. Habitual disruption of sleep can also cause chronic fatigue.

Drivers have a number of other reasons to work long hours or to extend driving sessions. They may be headed home to see loved ones, making up for lost time or trying to beat rush hour. In some cases, drivers will speed or work long hours to avoid bad weather. Unfortunately fatigue management is not often dealt with during training and drivers have minimal guidance from trucking companies.

Safety advocates nationwide know that reducing the number of hours a driver can be on the road will also reduce the number of accidents and injuries caused by driver fatigue. Studies show that reducing the number of hours drivers on the road, you can also reduce fatigue- related crashes. The Federal Motor Carrier Safety Administration (FMCSA) has developed a new set of regulations and standards to reduce the number of “hours of service” allowable by commercial truckers.

The new regulations will reduce the number of hours a driver can be on the road by 12 hours. This is a 15% reduction from the old provisions that allowed a maximum of 82 hours in one work week. Now drivers are limited to 70 per week. In addition to overall hour reductions, drivers will be required to take a 30 minute rest between 8 hour shifts.

Commercial truck driving is a significant responsibility. A negligent driver or trucking company can cause catastrophic accidents and injury. Because of the risks associated with driver fatigue, drivers should be alert and awake, and ready and capable to manage inclement weather, road construction and other obstructions or hazards on the road. The FMCSA may be the incentive the drivers need to stay awake and stay in line. Any driver who violates the laws will be liable for up to $2,750 and trucking companies can be liable for up to $11,000 per violation.
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