Florida Injury Lawyer Blog

Flroida Trucking Accidents – Better Underride Guards Needed

April 8, 2013 | Associates and Bruce L. Scheiner

We’ve said it time and time again — driving near tractor-trailers is dangerous. But did you know that one of the biggest dangers comes from the risk of your vehicle sliding underneath one of those things?

Fortunately, a lot of semi-trucks do a decent job of keeping your car from slipping underneath in the event of an accident — but they don’t do a great job of this when one is rear-ended. Because of this, officials with the Insurance Institute for Highway Safety (IIHS) are taking a closer look.

In the recent test results from the IIHS, only a small number of these tractor-trailers do their job in preventing deadly underride injuries.

Our Fort Myers trucking accident lawyers understand that most semi trucks out there are required to have the proper underride guards. But are they effective? These guards are the steel bars that hang from the back of trailers to help to keep your vehicle from sliding underneath in the event of an accident. Previous research showed that the minimum dimensions and strength requirements for these guards weren’t good enough. Because of those studies, officials with the National Highway Traffic Safety Administration (NHTSA) revamped the safety standards back in 2011. The IIHS also considered getting the NHTSA to require these guards on all kinds of trucks. Unfortunately, lawmakers have thus far failed to act.

Without the requirements, trailer manufacturers may still be installing guards that are much tougher, stronger and more effective than the NHTSA currently requires. That’s good news because these guards generally work well to prevent underride. But they’re not effective when accidents happen at the rear corners and outer edges of trailers.

Officials believe that these manufacturers are installing tougher guards because it’s already a requirement in Canada, and has been since 2007. More recently, IIHS crash tests have started to shine light on this very important issue, and at least one manufacturer has started selling trailers that come equipped with stronger underride guards since the tests first started.

Back in 2011, close to 300 of the 2,240 passenger vehicle occupants who were killed in accidents with large trucks were killed when the front of their vehicle hit the back of a large truck. Although that’s a number that’s down from 460 out of close to 3,700 in 2004, officials believe the number dropped because American drivers were spending less time behind the wheel as a result of the weak economy and not because of improvements to these guards.

Regardless of how strong these underride protectors may be, it’s important that all drivers are on their best behavior when traveling near these large trucks. Their size, weight and power make our vehicles virtually powerless against them. Steer clear of semis, tractor-trailers, dump trucks and other big rigs whenever possible.
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South Florida Tourism Injuries — Stallworth Ballon Accident Highlights Risks

April 5, 2013 | Associates and Bruce L. Scheiner

NFL free agent Donte’ Stallworth landed in a South Florida hospital with some serious burns after a hot air balloon he was riding in crashed into some power lines. According to ESPN, two others were injured in the accident.

According to reports, the basket was carrying three passengers when it struck power lines while airborne. Miami-Dade Police report that two of them were taken to a trauma center.

Our Naples personal injury attorneys understand that residents and visitors turn to a number of activities to liven up the days here in sunny Southwest Florida. While we might not all be considering a hot air balloon ride, there are many in the area who have taken parasailing trips, rides on jet skis, boating trips and more. The truth of the matter is that we want to be thrilled, but we are not signing up to be injured by carelessness or negligence.

During these last few weeks of tourist season, we can expect large crowds. Visitors are all trying to squeeze the last little bit out of their trip. However, it’s important that we do so safely. And the first step to staying safe is to do some research before heading out.

Hot air balloon accidents and incidents occur for a variety of reasons. Like most activities, human error is frequently mentioned as a primary causal factor in reports. From 1998 through 2003, officials with the National Transportation Safety Board (NTSB) collected reports of close to 25 balloon accidents.

JetSkis and rental motorcycles are another area where we see liability issues. Before renting one of these devices, many companies will have you sign a liability waiver. This is a legal document that seeks to obtain protection against lawsuits and damage awards in the event of an accident. Liability waivers are typically used in connection with activities where there is some considerable risk of accident or injuries.

You can voluntarily waive any right you choose to waive. Make sure you think before you sign. Even in cases where such a waiver is signed, victims may still be entitled to compensation in the event of serious or fatal injury.

The important thing is to choose a company that is safe and reliable. And that means do your homework. You want to make sure you’re choosing a company that’s reputable. Ask the right questions. Are they affiliated with the hotel you’re staying at? Ask about their reputation if they’re a third-party vendor. Make sure you look over the equipment and rental operation before signing anything. Make sure the staff knows what they’re talking about and the equipment is in good-working order.

More Tips for Renting:

-Read the rental agreement carefully. Ask to clarify any parts that you do not understand.

-Follow all listed safety instructions with the company.

-Ask if all costs are included in stated price.

-Never rent or operate under the influence of drugs or alcohol.

-Never rent or operate beyond your experience.

-Never disregard safety instructions given by the rental company staff.
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Safe Driving Advocates Target Hardcore Drunk Drivers

April 4, 2013 | Associates and Bruce L. Scheiner

There are drunk drivers and then there are DRUNK drivers. We’re talking about the hardcore drunk drivers, or the ones who are busted with a blood-alcohol concentration (BAC) of .15 or higher.

According to The Century Council, hardcore drunk drivers are busted with alarmingly high BAC levels, or are those who are repeat offenders and continue to get busted for driving while intoxicated.

Unfortunately, these hardcore drunk drivers account for the majority of alcohol-impaired fatalities. In an effort to help reduce the risks faced by the rest of us, officials with the Division on Addiction at Cambridge Health Alliance and The Century Council are launching a new project to test a Computerized Assessment and Referral System (CARS), which is a mental health assessment used in drunk driving intervention and treatment. They’ve already gained the support of the National Institute on Alcohol Abuse and Alcoholism (NIAAA).

Our Cape Coral drunk driving accident lawyers understand that these kinds of accidents are completely preventable, yet we continue to lose thousands ever year as a result of someone who climbs behind the wheel after having too much to drink. Now, researchers will be using this new project to better understand the relationship between driving under the influence and the psychiatric profiles of serious offenders.

They’re also looking at better ways to treat and sentence hardcore drunk driver. It’s all in an effort to reduce recidivism.

According to the National Highway Traffic Safety Administration (NHTSA), there were close to 2,500 people killed in alcohol-related car accidents in the state of Florida in 2010. Of these fatalities, close to 450 of them were killed in accidents in which a driver with a BAC of .15 or higher was involved. That accounts for close to 20 percent of all of the accidents.

In 2011, there were close to 34,000 DUI convictions recorded in the Sunshine State.

Under Florida state law, any driver who is convicted of their second DUI is required to have an Ignition Interlock device installed in their vehicle. A judge can order an Interlock installed on first convictions depending on circumstances (usually for hardcore drunk drivers).

The truth of the matter is that no one can consume alcohol and drive safely. Drinking and driving causes accidents, injuries and fatalities each and every day. Officials should turn to tougher sentences and consequences to help to deter these incidents in the future.

Current Penalties for a Driver’s 1st DUI Conviction:

-Fines ranging from $250 to $500.

-Up to 50 hours of community service.

-No more than a year of probation.

-No more than 6 months behind bars.

-Imprisonment with BAC of .08 or higher with a minor in the vehicle, but for no more than 9 months.

Currently, the legal limit in the state of Florida for drivers over the age of 21 is .08. Regardless of how old you are drinking and driving is considered a serious offense. The average cost of a DUI, calculating all the time, defense, penalties, etc., runs about $8,000. And that’s money down the drain.
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SWFL Traffic Safety – April is Distracted Driving Awareness Month

April 3, 2013 | Associates and Bruce L. Scheiner

For the entire month of April, officials with the National Safety Council (NSC) and safe driving advocates nationwide will be pushing the importance of focused driving.

Our Fort Myers car accident lawyers understand that there were close to 3,500 people killed in distracted driving car accidents in the U.S. in 2010. In addition to these fatalities, there were another 415,000 injured. This is alarming news — especially when you consider that these accidents are completely preventable.

It’s a serious problem here in the state of Florida because we are one of the only states in the country that has yet to enact any kind of distracted driving law. Drivers in the Sunshine State are free to make phone calls, send text messages and do pretty much anything else without the fear of being ticketed. A number of bills have been introduced in the past to help to put an end to distractions behind the wheel, but all have failed.

That’s why we’re calling on drivers to step up and do what’s right.

During the month of April, safety officials are urging you to:

-Put down the phone when you’re in the driver’s seat. We’re asking this of both hand-held and hands-free devices. They’re both dangerous.

-Understand the dangers of distractions and how they affect your brain and safety.

-Tell people who call you while you’re driving that you would be happy to continue the conversation once you’ve come to a stop.

-Talk with friends, family members and others in the community about the risks associated with distracted driving and get them to join in on this month-long campaign.

-Talk with the young driver in your family. Teenage drivers are more likely than any other driver to engage in these dangerous behaviors behind the wheel and more likely to get into motor vehicle accidents.

The truth of the matter is that even talking on hands-free or handheld cell phones requires the brain to multitask – a process it cannot do safely while driving. We’re just not built to multitask behind the wheel.

Motor vehicle accidents continue to be the leading cause of death for Americans. Each year since 1994, between 32,000 and 44,000 people have been killed in these kinds of accidents. That’s nearly a million people lost since then. Most of these accidents were preventable, too.

Help to make our roadways safer not only for yourself, but for everyone else sharing the lanes with you. There is no phone call or text message that should be worth a life. Florida law may not stop you from engaging in these dangerous behaviors, but you know the right (and safe) thing to do. Put down the phone in the driver’s seat.
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Tighter Safety Standards for Children’s Play Yards

March 22, 2013 | Associates and Bruce L. Scheiner

You might think that your child is safe in a play yard.

You know, one of those child play areas that are raised off the ground, with a mattress and some fabric or mesh walls. Well, if your play yard isn’t new, you might be inadvertently putting your child at risk.

Officials with the Consumer Product Safety Commission (CPSC) recently tightened safety standards on these play yards to help better protect our young ones. The new regulations are all part of the Danny Keysar Child Product Safety Notification Act (Danny’s Law). Danny was a Chicago child who was killed in a play yard after it collapsed on him and he suffocated.

Our Lehigh Acres injury attorneys understand that parents and guardians buy children’s products expecting them to be safe. Unfortunately, that’s not always the case. Many times, these products come with some serious design defects that could injure or even kill a small child.

New Safety Standards for Child’s Play Yards:

-Side rails much not create a sharp-V edge when they’re folded. This is going to help to reduce the risks of strangulation.

-The corner brackets on these devices need to prevent sharp-edged cracks. This is going to help to reduce the risks of these yards collapsing.

-Mattress attachments are now required to be sturdier. This is to help keep children from getting wedged underneath or on the side.

If you use a play yard, keep it bare when you put your baby in it. Each year, CPSC receives reports of infant suffocation deaths. Some key causes of these deaths are the placement of pillows and thick quilts in a baby’s sleeping space and/or overcrowding in the space. Here’s more information on how to put your baby to sleep safely.

In addition to making sure you’ve got a safe play yard for your child, there are a few other things you should know. There are some safety tips that you can use to make sure your child sleeps safely. This is a serious matter, too. Officials with the CPSC estimate that about 700 children die each and every year because of cushions and pillows in their sleep area.

You want to keep this area clear of clutter. This means no pillows, no cushions and no thick blankets. Don’t even think about stuffed toys or animals. Those are dangerous, too.

An important tip when putting your child to bed is to lay them on their back. This is a move that can help to prevent suffocation. Make sure the mattress fits tightly to the surface of the crib or play yard. You don’t want it wiggling around loosely because that creates serious risks. The only place your child belongs while in a crib is on top of the mattress.
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Sixth Traffic Fatality of the Year Recorded in Cape Coral

March 21, 2013 | Associates and Bruce L. Scheiner

A recent Cape Coral accident marked the 6th traffic accident fatality of the year.

According to the Fort Myers Beach Observer, the accident happened just after 7:00 a.m. on Hancock Bridge. The woman was driving in a minivan when an SUV heading in the opposite direction jumped over the cemented median. The woman swerved to miss the oncoming SUV, but instead slammed right into a commercial truck.

The driver of the SUV was transported to Lee Memorial and was lastlisted in fair condition. The truck driver involved in the accident was not injured. The driver of that minivan was pronounced dead on scene.

Our Cape Coral accident lawyers understand that March is the most dangerous month of the year on the roads of Southwest Florida. Students are on spring break and residents are ready to take that much-needed spring vacation. In addition to the locals, we’re still dealing with the increase in traffic volume from out-of-towners. With all of these drivers on our roadways, we see an unfortunate increase in the number of accidents during this time of the year.

And it’s not just the vehicular traffic that we’re worried about. We’ve also got all of the travelers on their bikes and walking in the area. Florida is one of the most dangerous states in the country for these kinds of accidents — especially during this time of the year.

We wish that we could help reduce these risks by simply asking drivers to be more responsible out there, but we understand it’s an uphill battle. Unfortunately, drivers continue to engage in dangerous activities behind the wheel and their risks reflect the choices they make.

Drivers need to keep their eyes on the road and their hands on the wheel. Lives depend on it. Some simple safety tips can help to keep you out of a potentially fatal car accident during this busy time of year.

Safe Driving Tips from the Florida DMV:

-Make sure you keep your distance from other vehicles. Following too closely reduces the time you have to react to dangers. You never know when the car in front of you is going to slam on the brakes for an animal crossing the road or some other reason. You can avoid accidents by driving a safe distance behind vehicles.

-Never drink and drive. Not only is it costly if you’re busted — you can serve jail time and have your license suspended — but doing so could turn out to be a fatal decision.

-Never drive aggressively. Stay one step ahead of the traffic around you and drive on the defense.

-Keep your hands on the wheel and your eyes on the road. Avoid engaging in distractions, like phone calls, text messages, eating, smoking or drinking, while in operation of a motor vehicle.
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Boaters Beware: Accident Risks on the Rise in Southwest Florida

March 20, 2013 | Associates and Bruce L. Scheiner

Each year, the state of Florida sees more boating accidents that any other state in the country. According to the Florida Fish and Wildlife Conservation Commission, there were nearly 700 boating accidents reported in the Sunshine State in 2011. The runner up was the state of California, which reported about 400 accidents.

With that being said, our Naples boating accident attorneys are asking boaters to be safe out there as accident risks have skyrocketed in the month of March. During this time, we get spring breakers and vacationers from around the country and they’re all headed here for our sandy beaches and boating amenities.

Officials calculate that there have been close to 50 boating accidents in Collier County since 2011. This gave our area the 7th-place rank for the most dangerous county in the state for these kinds of incidents.

Dangerous Counties for Boating Accidents in 2011:

1.) Monroe: Close to 100 accidents reported.

2.) Miami-Dade: 75 accidents reported.

3.) Palm Beach: Close to 60 accidents reported.

4.) Broward: More than 40 accidents reported.

5.) Lee: Close to 50 accidents reported.

There are a number of common causes for boating accidents across the state. Some of the most common are collisions with other vessels, falls overboard, capsizing, colliding with a fixed object and flooding.

You’re asked to be safe out there at all times — even when cruising. As a matter of fact, a large majority of these accidents happen while boaters are just cruising along.

If you’re a local and you own your own boat, don’t think you’re in the clear. Statistics show that 80 percent of the vessels involved in these accidents are actually owned by the operator. Comparatively fewer accidents involve a boat that was rented or borrowed, though those operators could face higher risks.

The truth of the matter is that one of the primary factors contributing to vessel accidents is operator inexperience. And that’s another reason why the proper boating training is so important for everyone.

In addition to making sure your boating skills are on point, you should have your vessel regularly maintained. You can have your boat checked for free by the Coast Guard Auxiliary and U.S. Power Squadron volunteer organizations.

More Boating Safety Tips:

-Make sure that all children under 6 are wearing a Coast Guard-approved life jacket while underway in Florida waters, and up to 3 miles from shore.

-Make sure you know how much your boat can hold and never overload it.

-Tell someone when you’re going and when you plan on returning.

-Make sure you’ve got a radio on board and it’s on at all times.

-Check the weather conditions before you head out and periodically while you’re already on the water.

-Always carry emergency supplies with you, including a first-aid kit, extra bottled water, batteries, a flashlight, emergency flares and sunscreen.
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Cape Coral School Bus Accident Blamed on Red-Light Runner

March 16, 2013 | Associates and Bruce L. Scheiner

A Lee County school bus was t-boned in a recent accident after authorities say a driver ran a red light.

According to The News-Press, the school bus was full of children when the accident happened. Cape Coral police officers report that the driver of the U-Haul that collided with the school bus was under the influence of alcohol or drugs when the accident happened. The driver of the U-Haul and two students were transported to the hospital. There were 27 students from Hector A. Cafferata Junior Elementary School on the bus when the accident happened on Southeast Eight Street and Santa Barbara Boulevard.

Witnesses reported that the U-Haul had a red light when proceeding through the intersection. He reportedly tried to brake but was not able to stop in time.

Our Cape Coral car accident lawyers understand that unfortunately, traffic and other drivers can be unpredictable. Sometimes drivers do things that we can’t understand or don’t foresee. As we all know, no one should ever run a red light. The truth of the matter is that Florida roadways are already ranked as some of the country’s most dangerous. Irresponsible drivers only serve to further exacerbate the risk. Unfortunately, car accidents at intersections, which are often high-speed collisions, are amongst the most dangerous type of auto accidents.

Even if you’re an alert and aware driver that abides by all road laws and regulations, both the negligence of other drivers and insufficient traffic signs can cause a car accident at an intersection. Too many serious injuries result.

Common Causes of Intersection Accidents:

-Drivers’ neglect to abide by traffic signals.

-Failure to fully stop at red lights before making right-hand turns.

-Making a turn when lights indicate there are “No Turn on Red.”

-Running red lights or stop signs.

-Ignoring yield signs.

-Neglect to abide by other driver’s right-of-way.

According to the National Highway Traffic Safety Administration (NHTSA), there were more than 1 million intersection accidents in the nation in 2009. Another 1,135,000 were considered to be intersection-related.

-Close to 200,000 had no traffic control device.

-More than 475,000 had a traffic signal.

-More than 360,000 had a stop sign.

-More than 45,000 had other or unknown traffic devices.

-Close to 700,000 were property-damage only accidents.

-Nearly 410,000 caused injury to travelers.

-Close to 6,000 were killed.

When traveling near an intersection, whether with stop signs or traffic lights, we ask that you remain on your best behavior. In these areas, there’s traffic coming in different directions. While we take them for granted, they are traffic-conflict points. It’s important to stay one step ahead of the travelers around you and to be ready for anything. Your safe, alert and defensive driving habits can help to keep you alive out there. Remember, traffic control devices are there to keep you safe, not to slow you down.
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March and Motorcycles: Risks for Accidents Skyrocket

March 15, 2013 | Associates and Bruce L. Scheiner

There are going to be a lot of motorcyclists out there through the remainder of the month. Not only are we still in tourist season, but we also have Daytona Beach Bike Week.

From the 8th through the 17th, motorcycle enthusiasts from around the world will be traveling to Florida for one of the largest motorcycle events in the country. With so many motorcyclists on our roadways, you better believe that accident risks are much higher.

We have already seen too many motorcycle tragedies this winter. According to the Cape Coral Daily Breeze, an accident on Del Prado killed a Fort Myers motorcyclist last week. Reports indicate that an SUV was heading south on Del Prado when it turned left — right into the path of the oncoming motorcyclist. In the accident, both vehicles caught fire. Although the motorcyclist was wearing his helmet at the time of the accident — it wasn’t enough to save his life. This accident marked Cape Coral’s 8th traffic fatality of 2013.

Failure to yield and turning left in front of a rider is the leading cause of fatal motorcycle crashes, according to the Motorcycle Safety Foundation.

Our Cape Coral motorcycle accident attorneys are asking motorists to be a little more cautious out there. Oftentimes, motorcyclists are overlooked on our roadways. In many cases, it’s the drivers of the passenger vehicle who is at fault. Drivers need to remember that motorcyclists have the same right to our roadways as you and I do. It’s important that we treat them just like any other motorist. We need to take that extra second to actually look for their presence before making a move in traffic. Oftentimes, these small vehicles get lost in our blind spots. That’s why it’s critical that we physically turn, look and check out blind spots for motorcyclists before changing lanes or turning.

We’re asking motorcyclists to be cautious out there, too. We can’t always rely on the safe and responsible driving habits of other to keep us safe. We’ve got to take matters into our own hands.

We’re especially talking to the older motorcyclists — who are typically sustain more severe injuries in the event of an accident. According to USA TODAY, aging motorcyclists are like aging athletes: When they get hurt, they are more likely than younger enthusiasts to get seriously injured.

This is especially important when we take into account our Baby Boomers. As this group continues to age, more and more are out there on two wheels. As they reach their 50s and 60s, more are at risk. We’re seeing more older riders than ever before. The truth of the matter though is that older bikers are three times more likely to be hospitalized after an accident than younger riders. They also are about 3 times more likely to get severely injured. Unfortunately, internal injuries are alarmingly common among this age group — internal injuries to be specific.

Throughout the month of March and the remainder of the year, we’re asking motorists to travel in unison and to have some compassion for other drivers out there. With safe and defensive driving habits — we can all work to make our roadways safer.
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Officials Target Drunk Driving and Underage Consumption through March

March 13, 2013 | Associates and Bruce L. Scheiner

It’s one of the most active months of the year in Florida. Spring break and Daytona Bike Week combine with the influx of northern visitors, bringing serious alcohol-related risks, whether it’s drunk driving or underage drinking.

Official with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are joining law enforcement officials throughout the state to help to crack down on dangerous decisions involving drugs and alcohol. Officials are urging residents and out-of-town visitors to celebrate their spring break responsibly.

Our Fort Myers Beach injury lawyers understand that driving while impaired puts everyone at risk. Not only do you face risks for a potentially fatal accident, but you run the risk of getting busted by law enforcement. DUI penalties are strict — you could wind up facing jail time as well as serious fines and fees that can leave your wallet empty.

“Florida troopers do not tolerate impaired driving, so drive sober and drive safely,” said Col.David Brierton with the Florida Highway patrol (FHP).

You’re urged to make sure you always have a safe and sober ride home. If you find yourself without a designated driver, consider calling a cab, a friend or a family member or taking public transportation. Remember that you are better off paying the cash than running the risk of being slapped with a DUI — which could wind up costing you thousands.

During the month of March, law enforcement officers throughout the state will also be cracking down on underage drinking. Not only are they targeting the underage individuals in possession of alcohol, but they’re going after the ones who help to provide the alcohol to them.

Officials with the Department of Business and Professional Regulation remind Floridians of the state’s minimum drinking age — 21-years-old. Anyone who is under the age of 21 is prohibited from possessing alcohol. If they’re busted, they can be cited and can be charged with a second-degree misdemeanor. If you’re the one who provided the alcohol to a minor, whether you sold it or not, you can also be cited and charged with a misdemeanor.

You’re reminded that it’s illegal for anyone in a motor vehicle to possess an open container of alcohol. It doesn’t matter if the car is in motion.

We’re asking for everyone’s help during this year’s spring break. If you see a friend or a family member who has been drinking and has keys in their hand — make sure you step in an get their keys from them. If you’re already out on our roadways and you think you’ve spotted a driver who is intoxicated, you’re asked to call the FHP by dialing *FHP on your cell phone.
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