Florida Injury Lawyer Blog

Summer Safety: Baseball and Brain Injury Prevention

June 17, 2013 | Associates and Bruce L. Scheiner

Summer means baseball season for many players and their families. Whether you are a coach, parent or athlete, it is important to remain aware of the dangers of baseball and injury. Head injuries can be catastrophic and are commonly associated with sports, including baseball. When on the sidelines or on the field, you can also be preventative and take necessary steps to prevent serious injuries.

Avoiding hits to the face and head can prevent concussion and serious brain injury. According to the Centers for Disease Control and Prevention, there are a number of safety measures involving training and equipment that can prevent serious injury. Our Fort Meyers children’s injury attorneys are dedicated to helping victims of serious head injury, including traumatic brain injury.

Having proper equipment is critical to preventing head injury. All players should use protective equipment, even in the dugout. Helmets are critical to preventing head injury. An athlete should be measured and sized to be certain that the helmet fits properly. Head size can be measured by wrapping soft tape measure around the head, just above the eyebrows and ears. String can also be used and measured against a ruler, if no soft tape is available.

Coaches and parents should make sure that the athlete can see properly and that the helmet is not to big to cover the eyes. A player should feel comfortable in their helmet: ask him or her how it feels. Remember that batters and catchers have different helmets. The catcher’s helmet often comes in one- piece or in a two-piece style with a separate mask. Both styles should fit snugly and there should be no spaces between pads and the player’s head. Baseball caps should not be worn during games because they can change the fit of the helmet.

Whether on the sidelines or on the field, athletes should always keep their eyes on the ball. Young players may be vulnerable to distraction. Keep your youngsters engaged and prepared to catch or defend against flying balls on the field or on the sideline.

If you suspect that a player has suffered a brain injury or concussion, you should never take the incident lightly. Sometimes the severity of an injury is not known for hours or even days after the blow. Internal bleeding can cause serious brain damage, and in some cases, result in death. After a player has been struck by a ball, he or she should be removed from the play and examined by a licensed healthcare provider. No one on the sidelines should be a final judge of the seriousness of the injury. Parents of the player should also be informed about the possibility of a concussion.

Numerous blows to the head can cause long-term brain damage. Many health care professionals recommend sitting out several games, or even the season after a concussion. After a head injury, no player should return to the game. An athlete should return only after examined by a qualified medical provider.

Remember that head injuries can cause lasting and permanent brain injury. The best way to prevent a serious injury, is to be prepared before sports season begins.
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Local Woman Killed in Fort Myers Pedestrian Accident

June 14, 2013 | Associates and Bruce L. Scheiner

Fort Myers police officers have identified a female pedestrian who was killed when she was hit by a passing pickup. According to FOX4, the accident happened on Evans Avenue and Colonial Boulevard.

Accident reports indicate that the 45-year-old walker neglected to use a crosswalk and walked into the path of an oncoming pickup. Officers believe that alcohol may have been a factor. Investigation is still underway, but no criminal charges are expected to be filed against the pickup driver.

Our Fort Myers pedestrian accident lawyers understand that there were close to 228,000 traffic accidents reported in the state of Florida in 2011. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were roughly 625 accidents recorded each and every day. In these accidents, there were close to 500 pedestrians killed. And what’s even worse is that there were close to 6,200 additional pedestrians injured in traffic accidents.

Nationwide, an average of one crash-related pedestrian death occurs every 2 hours, and a pedestrian injury every 8 minutes. Pedestrians are close to 2 times more likely than passenger vehicle occupants to be killed in a car crash on each trip.

With these statistics, the state of Florida continues to be one of the most dangerous states in the country for foot travelers.

What should you do if you’re a pedestrian injured in a traffic accident?

-Call the police. If you’re unable to, ask someone at the scene of the accident to do so for you. It’s critical that you get an official record of the accident. Make sure witness information is included in this report.

-Get personal and insurance information from everyone who was involved in the accident. With this information, you can insure you can complete a claim properly should any medical attention or other damages result.

-Make sure you get the medical attention you need. After an accident, you might feel a lot of anxiety and overlook an injury. When those anxious feelings dwindle, you may realize some pain and suffering. This can happen hours, and even days, after an accident happens. Make sure you seek medical attention as soon as you feel pain or an injury.

Top Causes for Pedestrian-Vehicle Accidents:

-Distracted driving
-Drivers under the influence of drugs or alcohol
-Failure to yield to the right of way of pedestrians
-Speeding
-Negligent drivers
At some point throughout our week, we can bet we’re going to be walking near vehicular traffic. Whether it’s to the mailbox, to our vehicle in the parking lot or on our evening walk, it’s important that we keep safety as a number one priority. We can’t always rely on the safe driving habits of others to keep us safe. We’ve got to remain completely aware of our surroundings and one step ahead of the traffic around us.
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Scooter Rider Injured in Accident with LeeTran Bus

June 11, 2013 | Associates and Bruce L. Scheiner

A recent LeeTran busing accident left one scooter rider in the hospital. According to FOX4, the accident happened just before 5:00 a.m. on Bogart Drive by Lauren Lane in North Fort Myers.

The status of the motorized scooter has not been released.

Our Fort Myers accident lawyers understand that vulnerable riders are at some serious risks for injury and death when involved in an accident. These include cyclists, scooter riders and motorcyclists. Unfortunately, other drivers aren’t always looking out for us. It’s important that we’re driving defensively and keeping an eye on the traffic around us to help steer clear of accident risks.

The American scooter industry has surged as the economy has struggled and gas prices continue to rise. Everyone’s trying to save on the costs at the pump and scooters are the perfect way to do it. These little bikes are everywhere now, their appeal benefiting from high gas prices. In 2007, annual sales reached 131,000, revved up from less than 85,000 in 2003, according to the Motorcycle Industry Council.

Many people may not understand the difference between these moped/scooter riders and motorcyclists. While the difference is significant, the risks are all the same.

If 50 cc or less, these vehicles are not motorcycles by driver license law definition, so a motorcycle endorsement is not required. On the other hand, if you want to operate them on streets and roadways, you have to be at least 16 years old and hold at least a regular operator (Class E) or “Motorcycle Only” driver license.

Are drivers required to wear a helmet?

If you’re under the age of 21, then the answer is yes. If you’re older than 21 and you’ve got proof of Personal Injury Protection or other proof of health insurance, then you don’t have to wear a helmet by law. You have to have at least $10,000 in coverage however.

If you’re under the age of 21, then you’re required to wear a helmet that has been pre-approved by the Department of Transportation. If your scooter is 50 cc or less, 2 brake horsepower or less and is unable to go faster than 30 miles per hour on a level ground, then you are not required to wear a helmet.

Everyone who operates a motorcycle, scooter or moped is required to wear eye protection.

Regardless of what you’re using to get around town, it’s critical for you to use safe traveling habits. Only your own defensive driving skills are going to keep you safe. You can’t rely on the safe traveling habits of others to do so — especially if you’re on a scooter. The safe truth is that we’re oftentimes missed in traffic, and that’s why it’s critical that we take a stand and make sure the traffic around us recognizes our presence.
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Naples Boating Accident Takes Life of Local Man

June 10, 2013 | Associates and Bruce L. Scheiner

There are many rules of the water, and they’re all enacted to keep us safe and to keep boat traffic flowing smoothly. Unfortunately, despite those laws, one boater’s afternoon recently turned deadly in Collier County.

According to ABC7, a 61-year-old man was killed after the boat he was riding was slammed into a channel marker in Naples’ waters. The Florida Fish and Wildlife Conservation Commission (FWC) said it happened in Dollar Bay, just before 8:00 p.m. at channel marker 71. Accident reports indicate that the accident was alcohol-related. Upon impact, the victim and his wife were ejected from the boat and sent 15 feet in the air.

“When our officers investigate the case, they’re going to look at all of the factors that were involved in the accident. And that certainly speed will be one of those,” said Carli Segelson with the FWC.

Our Naples boating accident lawyers understand that Florida has more than 8,000 miles of coastline and 4,500 square miles of inland waterways, making it a paradise for boaters! From mega-yachts to wooden skiffs, having a boat is as normal as having a car for some Floridians. Unfortunately, there are many risks associated with your leisurely days in the sun.

According to the FWC, the Sunshine State has the highest number of boating accidents in the nation, with approximately 25 percent more than the next following state. Collier is ranked ninth statewide for the highest number of annual accidents, most of which occur in open motorboats, cabin motorboats and personal watercraft.

Top 5 Causes of Boating Accidents:

-Operator Inattention
-Improper Lookout
-Operator Inexperience
-Excessive Speed
-Alcohol
The operator of a boat that’s involved in an accident where there is personal injury beyond immediate first-aid, death, disappearance of any person under circumstances which indicate death or injury or even if there is damage to the boat (or other boats) and/or there is personal property of at least $2,000, is responsible to give notice to one of the following:

-The FWC
-The sheriff of the county.

-The police chief of the municipality.

Boating Accident Statistics:

-Most of the people who die in boating accidents die from drowning.

-About 80 percent of these victims were not using a life jacket at the time of the accident.

-Close to three-quarters of these victims who drowned were in boats under 21 feet in length.

-Alcohol is a contributing factor in more than 15 percent of fatal boating accidents in the country.

With the summer season, we can expect a lot of Floridians and visitors to hit our waterways — especially on weekends. It only takes one wrong move, one bad decision or one second of inattention for a fatal accident to happen. It’s critical that we keep safety as a number one priority to help make sure that everyone safely enjoys their day under that Florida sun.
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Your Vehicle Choice and Your Safety in an Accident

June 7, 2013 | Associates and Bruce L. Scheiner

A recent accident in Cape Coral left one scooter rider dead. This may be one of the more extreme accidents, but it’s important for us to discuss. We oftentimes talk about the importance of choosing a vehicle that’s going to help to keep you safe, and that’s important when we talk about accidents like these.

According to the Cape Coral Daily Breeze, the accident happened at roughly 10:00 p.m. when a Hummer 3 slammed into the back of a scooter. Both riders on the scooter were 30-years-old. The driver of the large and powerful SUV was a 55-year-old local man. It happened on Pine Island Road.

Our Cape Coral personal injury lawyers understand that once the scooter was struck by the SUV, it was dragged down the road until both vehicles finally came to a stop. Both riders were ejected from the scooter upon collision. Unfortunately, the male rider didn’t make it out alive. He was pronounced dead at the scene of the accident.

Looking at the accident report, the SUV driver said that he never even saw the scooter in front of his vehicle. He also admitted that he had been drinking before the accident happened and submitted to a legal blood draw. Those results are still pending.

As we said, this may be an extreme case, but it illustrates the importance of checking out vehicle safety ratings before heading out and making sure you’ve got a vehicle that works for you. We’re recommending that you and your family check out safercar.gov. This is a website that has made finding a safe vehicle as easy as 1-2-3. Fact is, recent statistics show those in an SUV are safer in most types of accidents. Rollover accidents are the lone exception. Obviously, scooter riders, cyclists, motorcyclists and pedestrians are among the most vulnerable.

Thanks to officials with the National Highway Traffic Safety Administration (NHTSA), we have the 5-Star Safety Ratings — and it’s been going strong for more than 30 years. It’s really simple to use and to understand: More Stars equal Safer Cars. 5-Star Safety Ratings measure the crashworthiness and rollover safety of vehicles. Five stars is the highest rating, one is the lowest.

With this system, you can check out the ratings of virtually any new vehicle that you’re looking to purchase.

Choosing a car is about more than whether it simply looks good, goes fast or is economical. None of those features are much use if the proud new owners end up becoming a casualty. And safety sells. That’s why researchers focus so much of their attention on automobile safety. This is the study and practice of design, construction, equipment and regulation to minimize the occurrence and consequences of automobile accidents.

Before hopping behind the wheel and heading to the car lot, we’re asking that you do your research. Look into what types of vehicles will work for your family and your needs and make sure you’re picking a safe one. You want the vehicle to be able to protect you in the event of an accident.
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Buckling Up at Night to Save Lives and Avoid Citations

June 5, 2013 | Associates and Bruce L. Scheiner

Buckle your seat belts! Our Fort Myers car accident lawyers aren’t only reminding you of this to help to keep you safe in the event of a traffic collision — law enforcement officers are on the hunt for motorists who aren’t wearing their seat belts this summer as part of the “Click It or Ticket” safety campaign.

According to the National Highway Traffic Safety Administration (NHTSA), national seat belt usage is at an all-time high. But it’s not all good news, unfortunately, seat belt usage continues to be lower at night — which is when fatal traffic accidents are more likely to occur.

“Law enforcement officers across the country will be out day and night handing out tickets to unbuckled motorists,” said NHTSA Administrator David Strickland.

In 2011, more than 60 percent of motorists who were killed in an accident that happened during the evening hours were not wearing a seat belt. During the same year, only about 45 percent of those who were killed in a traffic accident during the daytime hours were not restrained.

With the summer travel season upon us, it’s more important than ever to buckle your seat belt, not only to avoid a costly citation from officers but to also help increase your risks of surviving an accident.

According to Florida state law, anyone who is riding in the front seat of a car built after 1968 must wear a seat belt. If you’re under the age of 18, you must be protected by either a seat belt or an appropriate restraint device no matter where you’re sitting. If a passenger who is under the age of 18 violates this law, the driver will be held responsible. After that age, each passenger is held accountable. If you’re busted by an officer for violating these laws, you will be fined at least $30.00 for the offense, plus court costs.

It has been proven that enforcement efforts work. There was nearly a 4.5 percent increase in seat belt usage after Florida enacted a primary seat belt law in 2009. The increase was experienced in just the first month. With the help of law enforcement officers, there was a near 7.5 percent increase with the 2009 “Click It or Ticket” campaign.

Following the enactment and enforcement of this law, reports indicate that close to 95 percent of the driving public understood that they could be stopped and cited for not wearing a seat belt, according to the NHTSA’s “Impact of Implementing a Primary Enforcement Seat Belt Law” report. About 75 percent of individuals in this study also agreed that officers should be able to stop a vehicle and ticket a motorist who is not belted.

Whether you’re heading to the grocery store or heading across country, we’re asking that you make sure everyone in your vehicle (including yourself) is buckled in properly — to help save lives and to avoid a citation from officers.
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New Florida Law: No Texting in the Driver’s Seat

June 3, 2013 | Associates and Bruce L. Scheiner

You can kiss texting while driving goodbye, and with good reason.

According to The Miami Herald, Governor Rick Scott recently signed the ban. It’s now 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.

Our Naples car accident lawyers understand that we’re the 41st state to enact this kind of law. But better late than never. Unfortunately, this law is only secondary. This means that an officer cannot pull over a driver solely for texting while driving. It means that they have to observe that driver breaking another law, like making an illegal turn or speeding, before an officer can pull a driver over and hand out a citation for text messaging.

This new law was signed just days ago at a Miami high school. Officials found this location fitting because our teenage drivers are some of the most common offenders when it comes to driving and text messaging. We’re also entering the middle of the “100 Deadliest Days” for teen drivers. This is the time from Memorial Day to Labor Day. During this time, young drivers are let out for summer break and are spending a lot more time behind the wheel. With more time out on our roadways, they’re facing a lot more risks for accidents. And that’s why safe driving laws are so important.

“This is going to save lives. This is going to make sure our teenagers are safe while driving, that they’re not distracted while driving,” said Scott.

This law proved quite the battle for lawmakers. It took five attempts to get it passed. Previous efforts to get it through stopped when House Republicans stood against it. Conservative members were worried about intruding into driver’s personal business.

The House decided to make it okay for officers to use a driver’s cell phone records against them in court, only when the accident resulted in injury.

Citations and punishments aside, you should never take your eyes off the road anyway. According to the Federal Motor Carrier Association (FMCSA), a text message takes a driver’s eyes off the road for an average of about 5 seconds. If you’re driving at 55 miles per hour, that means that you can travel the entire length of a football field without ever looking up at the road. It’s driving blind.

In 2012, there were close to 265,500 reported accidents in the state of Florida. In those accidents, close to 5,000 involved a driver who was texting or using an “electronic communication device” behind the wheel.

Critics of the new law say that it should have been made a primary offense and that this law is going to be difficult to enforce. They’re saying it’ll be difficult for an officer to determine if a driver was composing a text (illegal) or dialing a phone number to call (legal).

Still feel the need to text behind the wheel? While we don’t advise it, drivers will still be allowed to use talk-to-text devices. The law also allows drivers to text while stopped at a red light.
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Fewer Southwest Florida DUI Accidents Could Result From Lower BAC Law

May 29, 2013 | Associates and Bruce L. Scheiner

Our Fort Myers injury lawyers are longtime victim advocates and supporters of Mothers Against Drunk Driving and we support the move by the National Transportation Safety Board to tighten the legal definition of “drunk” as it relates to drivers.

We have seen far too many lives mangled or destroyed by the poor choices of a few careless individuals. Any measure with the potential to reduce casualty rates has our support.

What the NTSB is proposing is slashing the legal threshold of intoxication for motor vehicle operators from a 0.08 percent blood-alcohol level down to 0.05 percent. It’s just been within the last decade that the last of the 50 states complied with the 0.08 percent standard, first proposed back in the mid-1990s. Prior to that, the legal limit was 0.15 percent.

A further reduction is not as radical as it might at first seem. Already, more than 100 industrialized nations, including most of those in Europe, Russia, Australia and South America utilize the 0.05 percent standard.

Additionally, we’re talking about the difference of maybe a single drink. While blood-alcohol content measurements vary based on a host of different factors, generally speaking, the average, 180-pound male can consume about four alcoholic beverages in a little more than an hour before he reaches the current legal threshold. Under the new guidelines, he’d only be able to down two or three before reaching the limit.

In the U.S., some 10,000 people are killed each year and another 170,000 suffer severe injuries as a result of a drunk driver’s irresponsibility. Those figures represent an improvement from where we were back in the 1980s, when as a nation we were logging 20,000 alcohol-related deaths annually.

But there is no question we can do better.

Researchers studying the issue have determined that an estimated 4 million people in this country drive while under the influence of alcohol every year. There is no question that reducing the legal limit will cause more people to think twice before ordering another and heading out the door.

Some have questioned what the real effect would be, given that the majority of fatal DUI crashes involve drivers whose blood-alcohol levels are far above the 0.08 percent threshold. Consider that when Australia slashed its legal BAC rate from 0.08 percent to 0.05 percent, provinces throughout the continent reported anywhere from a 5 to 18 percent reduction in traffic fatalities. An 18 percent reduction in the U.S. would mean the preservation of some 1,800 lives each year.

The safety board reports that 0.05 percent BAC is the level at which drivers are beginning to have trouble with depth perception and other cognitive functions. At this level, the risk of an accident increases by nearly 40 percent, compared to someone who is sober. By the time someone’s BAC has risen to the 0.08 percent level, the risk of having an accident has increased more than 100 percent.
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S-A-F-E-T-Y: Avoiding Summertime Swimming Pool Accidents in Florida

May 28, 2013 | Associates and Bruce L. Scheiner

We’re kicking off the summer season with the Memorial Day weekend, and with that we unfortunately welcome an increased risk for swimming pool accidents. And here in the state of Florida, that’s a big deal.

Across the nation, there are about 10 people who are killed in unintentional drowning accidents every day, according to the Centers for Disease Control and Prevention (CDC). Of these, two are children under the age of 15. As a matter of fact, drowning ranks as the fifth leading cause of death in the U.S.

Our Cape Coral swimming pool accident lawyers understand that it’s our young ones that need the most attention when playing in or near the swimming pool. In just a few seconds, a fun day at the pool can turn into a deadly day we wish we could erase. That’s why it’s important that parents and guardians keep an eye on children when swimming at all times.

Luckily, our friends with the Florida Swimming Pool Association (FSPA) are here with the rules of S-A-F-E-T-Y:

S is for SUPERVISION

There’s no substitute for ADULT supervision. Always be near and always be watching. Just simply occupying the area isn’t good enough. Don’t allow anything to distract you while you’re supervising.

A is for ALERT

Make sure you keep toys and rafts away from the pool when it’s not being used. You don’t want to lure your kids near an unsupervised pool. It’s also important that you keep cleansers, chemicals and accessories safely secure in an area away from the pool.

Have sunscreen and always use it. Use the strongest one available just to be safe. When the sun goes away and the clouds come out, make sure you exit the pool at the first sign of a thunderstorm.

F is to be Substance-FREE

Never consume alcohol or drugs while using a pool or spa. Even if you’re standing outside of the pool and merely supervising, these items are not for you.

E is for EMERGENCY

Get certified in cardiopulmonary resuscitation (CPR). This will help to keep your victims alive until emergency responders can arrive should an accident happen. You also want to always make sure that there is a phone nearby should you need to make this emergency phone call. Every second counts.

Check to see if your pool has the proper emergency and safety equipment. There should be ropes placed between the shallow and deep end to alert swimmers. You should also have a shepherd’s hook, in case you’ve got to pull a troubled swimmer to safety.

T is for TEACHING

Consider enrolling everyone in your family in a safety swimming course. You can never know how to swim too well. If there’s diving at your pool, make sure that your swimmers know how to safely dive, and never dive into shallow waters or an above-ground pool.

Y is for YOU

By thinking about SAFETY all the time, YOU are being a RESPONSIBLE pool owner and user!
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Safe Florida Travel over the Memorial Day Weekend

May 27, 2013 | Associates and Bruce L. Scheiner

Memorial Day is here and Americans are ready to pack their bags, close up the office and head out for a much-needed vacation. As a matter of fact, the Huffington Post reports that one out of every three Americans will be traveling during the Memorial Day long-weekend holiday. More than 85 percent of people plan to take a leisure trip over the summer, too.

Our Fort Myers car accident lawyers understand that gas prices are up a bit, but that’s not stopping anyone as the most popular form of transportation for these summertime travel trips is a motor vehicle (close to 75 percent). Following the drivers are those planning to travel by plane and then by train. And we can expect to see a lot of these travelers as more than 50 percent of travelers will be heading to the water. According to a recent study, coastal destinations can help to improve a traveler’s health, help them to better their quality of life and reduce stress.

It’s going to be a busy travel weekend — one of the worst. According to the National Safety Council (NSC) there will be hundreds who are killed in traffic accidents during this long weekend. As a matter of fact, officials predict that close to 410 people are going to die on our roadways before we all return to work Tuesday morning. In addition to those fatalities, they’re also predicting that close to 40,000 people are going to be injured.

“NSC issues fatality estimates for major holiday periods to draw attention to the need for drivers to exercise safe driving practices,” said Janet Froetscher, president and CEO of NSC.

Based on recent studies, the fatalities that occur over the Memorial Day weekend account for close to 13 percent of all traffic fatalities that happen during the month of May. This year, officials are estimating that this holiday weekend will only see about 7 percent of the fatalities for the month, partially because of the struggling economy.

But it’s no time to hang up our hats. Safety should still be a top concern for all travelers this weekend. And wearing your seat belt may be one of the safest moves you can make. Officials with the NSC estimate that there will be close to 150 lives that will be saved over the weekend because of seat belt usage. If all motorists were to wear a seat belt, officials predict that another 100 people could be saved.

Before heading out, we’re asking you to check traffic conditions. This will help you to stay out of congested areas and to avoid delays. You can easily do this by checking out the Florida’s Statewide 511 Website.

Go out there with a plan. Know where you’re going, how to get there and how long it’s going to take. Preparation is going to help you avoid an accident.

We’re wishing you a Happy Memorial Day and asking that you travel safely and responsibly.
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