Florida Injury Lawyer Blog

Florida Carnival Accidents a Summer Risk

April 29, 2013 | Associates and Bruce L. Scheiner

The Modern Midways’ Ring of Fire ride at the Lehigh Spring Festival proved anything but amusing.

After a recent accident, investigators were called to Veterans Park to see what went wrong. Five were injured, including a 12-year-old girl who suffered a cut above her cheek and eye. Witnesses report that they saw things flying off the ride, according to FOX4. When it came to a sudden halt, injured riders escaped to safety.

This isn’t the first time that there has been a Modern Midways accident. This is the fifth investigation into the company within the last 5 years. Investigators with the Florida Department of Agriculture were sent to inspect one of the company’s rides at a Gulf Coast Town Center back in January.

“We look to see if there’s any structural, mechanical defects,” said Allan Harrison, the bureau chief of the Bureau of Fair Rides.

Our Fort Myers personal injury attorneys understand that Florida carnival accidents are a serious threat through the summer months. Ride operators are required to inspect these rides each and every day to make sure they’re safe for patrons. Unfortunately, these inspections aren’t always completed properly. Now, investigators are trying to find out what happened. If they find any kind of deficiencies, the company could have $2,500 in fines for each violation.

In the U.S. roughly 500 million guests visit carnivals, festivals and fairs each year. According to the Outdoor Amusement Business Association (OABA), more than half of these people hop on mobile amusement rides. Are you one of them? If so, listen up!

According to the Consumer Product Safety Commission (CPSC), there were close to 20,000 amusement ride-related injuries in the U.S. in 2005. About 5 people are killed each year from mobile and fixed amusement ride injuries. Another 5 are killed from inflatable ride injuries.

According to the Fixed-Site Amusement Ride Injury Survey from 2010:

-Amusement park visitors take roughly 1.7 billion safe rides each year.

-The chance of being seriously injured on a ride at a fixed-site park in the U.S. is 1 in 24 million.

-Close to 60 of the more than 1,200 ride-related injuries, or about 5 percent, required some form of overnight hospital treatment.

Amusement rides regulated in the state of Florida fall into two major groups; temporary amusement rides and permanent facility amusement rides. Before amusement rides can operate in the state, owners/operators must have proof of appropriate insurance, an Affidavit of Compliance and Nondestructive Testing Document and pass an inspection conducted by state inspectors, according to the Division of Consumer Services with the Florida Department of Agriculture and Consumer Services.
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BLS Sponsors Another Great Cape Coral Bike Night Season

April 27, 2013 | Associates and Bruce L. Scheiner

Cape Coral’s Bike Night 2012- 2013 just concluded with one final attempt to get drivers to pay a little more attention to motorcyclists out there on our Southwest Florida roadways.

This has been an epic season for the event as Cape Coral’s Bike Nights have seen record attendance, according to the City of Cape Coral.

“These are great events where tens of thousands of residents find food and fun for the whole family,” said Founding Attorney Bruce L. Scheiner. “Promoting motorcycle safety and awareness is a critical step in reducing the number of these tragic accidents through the winter riding season.”

Our Cape Coral motorcycle accident lawyers understand that motorcycle accidents here in Florida pose a serious risk to our riding friends. We’re actually the second most dangerous state in the country for these kinds of accidents, according to the National Highway Traffic Safety Administration (NHTSA).

Not only does this event help to raise awareness about these vulnerable motorists, but it helps to bring the community together, through a Slow Bike Race and through fundraising efforts for Breast Cancer.

If you caught this year’s events, you saw the hundreds of motorcycles lined along SE 47th Terrace in Cape Coral. Bikes of all shapes and sizes came together for this event, from custom choppers to classic motorcycles — everyone was there.

“The quality and diversity of bikes you see here for each Bike Night is amazing. You have to see some of them to believe it,” said Cape Coral Parks & Recreation Special Events Coordinator Todd King.

Attendees also enjoyed live music, with the headline spot taken by a Bon Jovi tribute band. We even got to see some of Cape Coral’s firefighters and police officials strap on guitars, bang the drums and slide up to the microphone. This event usually attracts more than 10,000 people, so it’s not just us who are advocating for these two-wheeled motorists.

With the last event of the season behind us, we’re already gearing up for next year. But just because this season’s events have ended, doesn’t mean that we can throw out our concern for motorcyclists. It’s important that we keep an eye out for bikers all year long. Our beautiful Florida weather allows them to enjoy our roadways year-round. Let’s do our part and practice our responsible driving habits to help ensure that they’re enjoying our roadways safely.

These motorists have the same rights to our roadways as you and I. Unfortunately, many drivers don’t recognize them as legitimate motorists. They’re oftentimes overlooked. Make sure you’re checking twice for motorcyclists before making lane changes and before making turns. That second glance can wind up saving someone’s life.
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More Lee County Traffic Fatalities in 2013

April 26, 2013 | Associates and Bruce L. Scheiner

The number of roadway fatalities in Lee County is thankfully slowing down (in recent weeks), but we’re still seeing more fatalities recorded so far this year than last year. According to The News-Press, there were 10 people killed on Lee County roadways in the month of March. Already in April, we’ve seen one fatality. That brings our 2013 total to 34 traffic fatalities. There were 12 fatalities in January and 11 in February.

At this same time last year, Lee County saw 25 fatalities. In 2012, there were less than 70 traffic fatalities recorded here. Collier County isn’t much better off as it’s seen 11 fatalities already, compared to 12 during the same period last year. In 2012, Collier County saw 33 traffic fatalities.

Our Fort Myers car accident lawyers understand that Lee County was last ranked as the fifth most dangerous county in the state for traffic fatalities. We ranked behind Dade, Palm Beach County, Hillsborough County and Broward County.

Jay Anderson of Stay Alive Just Drive says that the number of these fatal accidents is starting to slow down, but we’re still on pace to pass the 2012 total of fatalities.

“We are only four months in, and we have half the fatalities we had all of last year,” said Anderson.

Some of the top factors in these fatal accidents include distracted driving, speed and drunk diving. They’re not accidents, they’re caused by the irresponsible drivers.

Darla Letourneau of BikeWalkLee coalition says that she’s concerned for the safety of cyclists. These factors are playing a huge role in the danger of bicycle accidents in Southwest Florida. Too many bicyclists are getting hit, injured and killed because drivers just aren’t paying attention behind the wheel. Our area was seeing a decrease in the number of these kinds of accidents in recent years, but that is no longer. In just January and February, we’ve already seen 3 bicyclist fatalities and close to 10 pedestrian fatalities. And most of these accidents are the fault of the driver.

Officials with the Florida Department of Transportation (FDOT) don’t keep traffic flow statistics for each month so it’s hard to tell if it’s the tourist traffic that’s contributing to these accidents or if it’s just the dangerous driving habits of too many motorists on the road.

Yes, we see accidents on congested roadways, but we also see them on roadways hardly traveled. We see multiple-car accidents and we see single-car accidents. Safe roadways start with you. Before it gets worse, we’re asking drivers to take matter into their own hands and to make the changes to help protect everyone out there. Put the phones done, stay sober and pay attention. Those are three elements that can wind up saving a lot of lives.
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New Florida Nursing Home Laws Would Make Suing Tougher

April 23, 2013 | Associates and Bruce L. Scheiner

Two companion bills have been rapidly advancing in the Florida state legislature that would make it tougher for nursing home abuse victims to get adequate compensation for their suffering.

Our Fort Myers nursing home abuse lawyers know that while the Senate measure has been stripped of some of the most troubling language, both actions still pose a significant threat to the rights of nursing home residents and loved ones throughout the state.

Sponsors of the bills, SB 1384 and HB 869 expressly say that the intent is to make it more difficult to bring claims against nursing home care providers and tougher to win damages, even against those whose egregious actions result in significant suffering, injury or even death.

Originally, the Senate bill would have made it impossible for victims to sue the parent company of a nursing home, though that language was later stricken amid significant outcry.

Both proposals would require nursing home abuse claimants to endure a pre-trial evidentiary hearing before a judge, at which time they would have to proffer all evidence as the basis upon which they hope to seek punitive damages.

Punitive damages are those levied against a nursing home or corporation as punishment, as opposed to strictly compensation. As it stands already, 50 percent of all punitive damages in nursing home abuse and neglect cases are funneled into a state trust – meaning victims never see half of it anyway.

The judge at the pre-trial hearing would then determine whether the plaintiff had grounds upon which to seek punitive damages.

The way it works now is that there is already a pretrial hearing at which evidence is presented. However, the judge is not tasked with weighing the validity of those claims at that time. That is a choice that is later left to the jury – which is how it should be.

What these lawmakers are trying to do is make it that much more difficult for those who have been harmed to seek justice.

We find these measures appalling – and we’re not alone. The AARP recently issued a strongly-worded statement, urging legislators to discard the bill.

A spokeswoman for the Florida Alliance for Retired Americans called the bill an extreme offense to Florida’s elderly.

And the daughter of a woman who was brutally raped in a nursing home by a fellow resident testified before the Senate subcommittee that the process for winning a claim is already difficult enough. In fact, her family had been awarded $750,000 for the nursing home’s lack of oversight. However, that amount was never paid.

Despite her testimony, the Senate Bill passed and has one more stop, the Rules Committee, before it hits the Senate floor. Meanwhile, HB 869 is in the Health Innovation Subcommittee.

We would urge every Floridian who might be affected by this to write to your state senator or representative to voice your opposition to these measures.
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SWFL Construction Accidents a Spring and Summer Concern

April 18, 2013 | Associates and Bruce L. Scheiner

Construction workers are in a lot of danger. Fall accidents are among the most common risks, according to the Occupational Safety and Health Administration (OHSA).

As a matter of fact, fall accidents are the number one cause of death in the construction industry. There were close to 300 fatal fall accidents in the U.S. in 2010. There were less than 775 fatal accidents in the industry altogether. The most important thing to remember is that these accidents are completely preventable.

Our Cape Coral construction accident lawyers understand that there are three simple ways that these accidents can be prevented — Plan. Provide. Train.

Officials with OSHA have dedicated significant resources to help raise awareness among employees and employers about the risks that are associated with working on roofs, scaffolds and ladders. In addition to a website, employers are also provided with posters and informational resources to display on the work site. I number of these resources target workers who don’t speak English very well.

Tips on Preventing Fall Accidents on Construction Sites:

-PLAN. You need to look at all aspects of the job to make sure you’re doing it as safely as possible. When working from heights, make sure that all of the proper safety equipment is in place. Whenever you’re providing an estimate for a job, you want to make sure that the costs of these safety measures are included.

-PROVIDE. You always want to have the right equipment, and your employer should provide it for you. If you’re working six feet or more above the lower level, you’re at serious risks for injury and even death in the event of a fall. You should have the proper fall protection. Remember that each piece of equipment has its place on the job site. Don’t try to skimp out. Equipment is meant for specific tasks.

-TRAIN. Each worker is required to be properly and efficiently trained in the jobs they’re performing. You can help to keep your workers safe by making sure that they understand their duties and how to use the fall protection equipment provided to them. Employers must train workers in hazard recognition and in the care and safe use of ladders, scaffolds, fall protection systems, and other equipment they’re required to use.

It’s time for us all to put to rest the attitude that “accidents happen” and take action to make sure deadly fall accidents don’t happen.

As a worker in the U.S., you have a right to all of these preparations. You’re to be properly trained in the jobs you’ll be executing and you’re required to have the proper safety equipment to make sure that these jobs can be executed safely. If you don’t feel you’re getting what is required, speak up. You have a right to do that, too. Just make sure safety is your number one priority.
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Florida Drivers in Support of Text Message Ban, Survey Says

April 17, 2013 | Associates and Bruce L. Scheiner

Florida lawmakers are still trying to ban text messaging behind the wheel, and according to a recent University of Florida survey — Florida drivers are all for it.

According to The Alligator, about 95 percent of Floridians participating in the study say that they’re in support of a ban on texting while driving. The recent study was conducted by the UF Bureau of Economic and Business Research and the Bob Graham Center for Public Service.

Only about 4 percent of correspondents voiced any opposition to this kind of law.

Our Naples car accident lawyers understand that both the Senate and the Florida House of Representatives are currently reviewing a bill that would do just that — ban drivers from text messaging behind the wheel. If this legislation passes, law enforcement officials would be able to write a ticket to a driver that they find text messaging behind the wheel. The problem is that this bill would only make it a secondary offense, meaning that the driver would have to be pulled over for another offense first before they could be ticketed.

“Ninety-five percent support for a ban on texting while driving sends a clear message to legislators: ‘Floridians want this ban,'” wrote the author of the poll, Emma Humphries, assistant in citizenship at the Bob Graham Center for Public Service
The study was conducted by talking to residents on more than 370 landline phones in the state. The study allowed for a less than 5 percent margin of error. More than 60 percent of all homes in the state have a landline phone.

Safe driving advocates believe that Floridians support this ban because they know it has the ability to help save lives.

The truth of the matter is that these dangerous and distracting habits behind the wheel, such as cell phone and text messaging conversations, do nothing more than increase your risks for an accidents. Talking on a cell phone increases your risks for an accident by close to 5 percent. Text messaging behind the wheel raises your risks by close to 25 percent.

Each year, there are thousands who are killed in these unnecessary accidents. According to distraction.gov, there were more than 3,330 people who were killed in distracted driving car accidents in the U.S. in 2011. That’s a number that has been steadily increasing in recent years. In addition to these fatalities, there were another 420,000 people who were injured.

As it sits now, Florida is one of the only states in the country that has yet to enact any kind of distracted driving law. That may be a very good reason as to why our roadways are some of the deadliest in the country.

There’s never a good reason to engage in a cell phone behind the wheel. If it’s that important — pull over and deal with the messages or calls. It’s a move that could save lives.
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Southwest Florida Traffic Safety — Distracted Driving Risks not Improving

April 16, 2013 | Associates and Bruce L. Scheiner

According to a newly-released study from the National Highway Traffic Safety Administration (NHTSA), American drivers are still using electronic devices behind the wheel — and it’s compromising the safety of everyone out there.

Even with the new information officials have released — news about the risks involving accidents, injuries and death — drivers are still continuing this dangerous driving habit.

Safe driving advocates aren’t ready to throw in the towel. They’re releasing this new data to coincide with National Distracted Driving Awareness Month, which we recently discussed on our Florida Injury Lawyer Blog.

In the new data, drivers get a fresh look at the dangerous and alarming statistics. Researchers included numbers from the 2012 Distracted Driving Attitudes and Behaviors Survey, the 2011 Distraction Fatality Analysis Reporting System (FARS) as well as the 2011 National Occupant Protection Use Survey on Driver Electronics Use. Our Fort Myers car accident lawyers understand that, at any given moment, there are close to 1 million drivers who are on their cell phone or using an electronic device behind the wheel. That’s a number that’s been steadily on the rise since 2010. Looking at the most recent NHTSA accident information, there were close to 3,500 people who were killed in an accident that involved a distracted driver. Close to 400,000 people were injured in these accidents as well.

“Powering down your cell phone when you’re behind the wheel can save lives – maybe even your own,” said Ray LaHood with the USDOT.

Officials with the NHTSA have released these startling statistics in the first issue of “Safety 1n Numb3rs.”

Study Findings:

-Close to half of all drivers report that they answer the phone while driving.

-About a quarter of all drivers say that they place phone calls in the driver’s seat.

-Less than half of drivers say that they never make calls while they’re driving.

When you take those findings and understand that there are more than 210 million licensed drivers in the U.S., that means that more than 100 million are answering calls behind the wheel and about 50 million are making calls. When you break that all down, more than 660,000 drivers, at any given moment, are using a cell phone in some way while in the driver’s seat.

Until we can get drivers off the phone, there’s no telling how many more thousands of lives we’re going to lose. The problem isn’t that drivers don’t understand the dangers that are associated, it’s just that they’re not willing to hang up the phone. Many drivers believe that they’re skilled enough to handle more than one task behind the wheel. And that’s not possible. Our brains are wired to handle driving or cell phone use.

Not both.

Hang up, pay attention and save lives.
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SWFL Drivers May be No Safer with Hands-Free Cell Phones

April 13, 2013 | Associates and Bruce L. Scheiner

As we recently reported on our South Florida Injury Lawyer Blog, April is “National Distracted Driving Awareness Month.”

Unfortunately, many drivers think that the solution to the distracted driving problem is to turn to hands-free devices. According to recent studies, that method is no safer.

That’s why officials have release a white paper, “Understanding the distracted brain: Why driving while talking on hands-free phones is risky behavior.” It’s providing drivers with an in-depth look into why hands-free cell phone use is just as dangerous.

It’s also being used to help to provide background and context for lawmakers and employers considering legislation and policies.

Here’s the cold, hard truth: Car accidents continue to be a top killer of Americans. Our Naples car accident lawyers know that motor vehicle crashes are the number one cause of work-related fatalities. In addition to the thousands of fatalities, many more suffer serious life-changing injuries in car accidents each year. There were more than 2.2 million injuries resulting from vehicle crashes in 2010.

Cell phones seem to be more of a serious problem on our roadways even though texting behind the wheel is more dangerous. According to the NSC, an estimated minimum of 160,000 accidents involved texting or emailing happened in 2010, versus 1.1 million crashes involving drivers talking on cell phones. Virtually all of these accidents could have been prevented.

Why haven’t tougher laws been passed to ban these behaviors?

-Unfortunately, almost all legislation focuses on prohibiting hand-held phones or only text messaging. Lawmakers are not understanding that hands-free usage is just as dangerous.

-All state laws and most employer policies allow hands-free cell phone use. According to recent studies, your risks are the same with hand-held and hands-free devices.

-According to public opinion polls, people understand the risks that are involved with driving and talking on a hand-held cell phone and of texting behind the wheel. Fewer understand the risks associated with hands-free device usage.

It’s important to remember that we all can’t multi-task as well as we think. The brain isn’t designed to do so. Brains can juggle tasks very rapidly, which leads us to erroneously believe we are doing two tasks at the same time. In reality, the brain is switching attention between tasks – performing only one task at a time.

When you’re behind the wheel, it’s important that all of your attention is on the task at hand — driving. Your safety and your well-being relies on it. Florida law may not require you to put down the phone or the text messaging device when you’re in the driver’s seat, but you know right from wrong. When you text or talk on the phone behind the wheel, not only are you putting your own life at risk, but you’re risking the lives of others.
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South Florida Drowning Accidents a Summer Risk

April 12, 2013 | Associates and Bruce L. Scheiner

A lot of us will be jumping into a swimming pool over the next few months, but not many of us will be thinking about our risks for drowning. It’s important to point out that nine people are killed every day in the U.S. in drowning accidents. These numbers are alarming — especially for families with young children.

Our Cape Coral swimming pool accident lawyers understand that for each person who dies in a drowning accident, there are up to 4 people who are injured in submersion accidents serious enough to land them in the hospital. Parents and guardians need to listen up because drowning is one of the top causes of unintentional fatalities among children under the age of 4. If you’ve got a young boy in your household, we’re talking to you. Males have have a drowning rate twice as high as females.

What are the most common factors in these kinds of accidents?

The inability to swim is a factor that affects a lot of our young ones. It’s wise to enroll your child in swimming lessons at a young age — especially because we’re living in Florida where swimming pools are so prevalent.

The lack of barriers can also contribute to the risks. If you have children in your home and you have a swimming pool, you should make sure that the pool is fenced. These fences have been proven to reduce the risks of drowning accidents by close to 85 percent.

The lack of supervision can increase your child’ risks, too. Real supervision. Just being in the same area as your children is not good enough. You have to physically watch them at all times. Lastly, your location has a lot to do with you and your child’s risks. Children between the ages of 1 and 4 are most likely to drown in a swimming pool at home. The percentage of drownings in natural waters, like canals, rivers, oceans and lakes, increases with age.

So what do we do to help to reverse those risks?

-Get your children in a swimming class. Formal lessors can help to significantly reduce anyone’s risk for a drowning accident.

-Learn cardiopulmonary resuscitation. This can help to save the life of a victim. You can help to keep them alive until paramedics arrive on scene.

-Keep an eye on children. You need to watch them at all times, not just be in the general area. It only takes a matter of seconds for things to turn fatal.

-Never drink and swim. Parents should not consume alcohol and supervise either. If you’re anywhere near a pool, you want to stay sober.

-Make sure that your home pool is guarded. Line it with fences to keep children out. Make sure the doors of those fences are equipped with child locks.

Keep your pool deck clear of toys. You don’t want anything to lure your child close to the water. Store toys in a safe and secure place away from the open water.
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BAC Content and South Florida Drunk Driving Accidents

April 11, 2013 | Associates and Bruce L. Scheiner

A local government in Ireland recent took a vote to allow people in one isolated area to legally drink and drive.

According to International Business Times, lawmakers argued that the older, rural residents were less likely to cause accidents in the sparsely populated area. They added that having a few drinks along the way could help to prevent mental illness.

What’s notable, is that acceptable blood-alcohol levels went from .05 to a .07 — which is still lower than the .08 legal limit in the United States. A number of headlines have been claiming that the area has “legalized drunk driving,”

But they’re still better off than we are.

Our Fort Myers drunk driving accident lawyers understand that it’s that time of year again when we see an increase in the number of drunk-driving accidents in the area. The causes for this spike are oftentimes related to our young ones and their prom, graduation and summer break. This is a time when we need to keep an eye on our young ones. The truth of the matter is that your blood-alcohol level is tied to how many drinks you consume — and these younger drivers are more likely to binge drink that any other age group.

We’re not only concerned with the drinking and driving on our roadways, we’re also concerned with the drinking and driving out on our water. It’s all too common for us to see under-the-influence boating accidents, too, particularly as we head into the heart of boating season.

For decades in the U.S., the legal BAC was between .10 and .15. In the late 70s, officials started dropping it to .08, Officials believe that at .08, a driver isn’t falling down drunk, but reflexes and judgement are already impaired. With every bit of alcohol that we consume, our abilities to react deteriorate. When we’re behind the wheel, whether it’s a motor vehicle or a boat, we need 100 percent of our faculties.

Before your teen hits the road for their prom, graduation or their break from school, we’re asking you to sit down and talk to them. You might think that they’re too young to consume alcohol, but many parents are wrong about this each and every year. According to the Centers for Disease Control and Prevention (CDC), roughly 25 percent of our young ones between the ages of 12 and 20 drink alcohol. What’s worse is that more than 15 percent report binge drinking.

In 2010, there were close to 200,000 emergency rooms visits by youth under age 21 for injuries and other conditions that were related to alcohol consumption.

Be safe out there. Regardless of what the legal BAC is, you should never consume alcohol and get behind the wheel of a motor vehicle or of a watercraft. The risks aren’t worth it.
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