Florida Injury Lawyer Blog

Fort Myers Beach Accident Prevention

March 7, 2013 | Associates and Bruce L. Scheiner

Fort Myers Beach might be one of the most exciting places to visit in town, but it can also be one of the most dangerous. There are a number of factors to be concerned with while visiting the soft sands of Southwest Florida. Some of these dangers include riptides, lightning strikes, bad weather, drunkenness, rental watercraft or motorcycle accidents, and more.

The next six weeks will be the busiest of the year for area beaches.

Our Fort Myers Beach accident lawyers understand that riptides are a serious concern on Southwest Florida beaches. A riptide is a current which pushes away from the shore as a strong storm is near. As we head into rainy season, beachgoers will once again need to beware the risks.

In a riptide, swimmers can find themselves moving out to sea and panic. Panicking is a natural reaction. Our strongest natural instinct is to survive. It is natural to try and swim back to shore. If you get caught up in a riptide, what you have to do is swim parallel to shore. This is the toughest thing to do because you don’t feel like you are accomplishing anything. But the truth of the matter is that it’s the best way to get yourself out of danger. The current itself is usually only 10 to 15 feet wide in most cases. You should be able to swim out of that on your back. If you get tired out there, just turn and float on your back.

“They are unpredictable and pretty much occur all times of year,” said Steve Letro, meteorologist in charge of the National Weather Service. “We only hear about them when somebody gets killed.”

If you are hanging out on the beach, watching that beautiful light show — that is the afternoon thunderstorms rolling in — your odds of a lightning strike incident are greatly increased. Those on area golf courses are also at increased risk. There are virtually no other places where you’re more vulnerable to one of these accidents. If you see lightning anywhere near you on the beach, your best bet it to take cover in shelter in an enclosed building. If you’re out on the Sanibel Causeway, with no shelter, your best bet is to get into your car and roll up the windows. When you see lightning rolling in, get out!

Speaking of lightning, you want to keep an eye on the weather. Clouds can ruin anyone’s beach day, but they can also produce some serious dangers. When the rain rolls in, everyone is getting out of the water and leaving the beach. With this weather, we see increased risks for car accidents. Drive slowly in the rain and keep an eye out for the drivers around you. Traveling slowly will help you to maintain control on the slippery roadways and will allow you more time to react to roadway dangers. Make sure your windshield wipers are working properly. Check them frequently so you’re not stuck in a compromising position.

And while we’re talking about driving, we might as well get into the risks of drunk driving. The beach can surely be a hot party spot. If you’re driving down to the beach, make sure you’ve got a safe and sober way to get home. Designate a sober driver before kicking off your beach day festivities or make sure you’ve got a phone number to a cab service. It’s also important to watch yourself while drinking on the beach. Drinking in the sun with little to eat can be a recipe for disaster. Keep an eye on your intake as many beach partiers can over-drink and put themselves at risk for alcohol poisoning.

The beach is fun, but we’re asking you to keep it safe. While packing your beach towels and chairs, make sure you keep safety as a number one priority.
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ATV Accident Sends Collier Teen to Hospital

March 6, 2013 | Associates and Bruce L. Scheiner

A teen from Collier County is in critical condition after a recent ATV accident. According to FOX4, the teen was driving northbound on NW 19th Street when he says that a dog ran out in front of his ATV. He says that he swerved to avoid hitting the dog, lost control of his vehicle and flipped. He was thrown from the ATV in the process. He was taken to Lee Memorial Hospital where he is being treated for injuries sustained in the accident.

Our ATV accident lawyers understand that there were close to 500 fatal ATV accidents reported in the state of Florida from 1982 to 2010. According to ATVSafety.gov, there were more than 100 ATV fatalities reported from 2007 to 2010 in the Sunshine State. These vehicles are getting more popular and families are at risk because of it. The truth is that many ATV accidents could be prevented if riders were better educated of ATV safety measures.

According to Florida law:

-All ATVs that are being operated on public land are required to be titled. In the state of Florida, there is no registration required.

-Everyone who is riding an ATV who is under the age of 16 is required to wear a helmet and wear the proper eye protection at all times.

-Drivers of ATVs are not allowed to operate on paved roads.

In 2009, there were more than 780 ATV fatalities reported throughout the U.S. In addition to these fatalities, there were 135,000 people injured. Today, more than a million ATVs are used in the United States. Back in 1985, there were fewer than 500,000. Accident risks are higher than ever.

Many might think that ATVs are all fun and games, but the truth of the matter is that these vehicles are extremely dangerous. It’s important for riders to have the proper training and to wear all of the proper safety equipment.

One of your best bets is to take a hands-on safety course. This is going to help you to learn how to properly control an ATV in a number of situations. Drivers who undergo this kind of training have lower accident risks than those who don’t.

It’s also important that you wear a helmet. This can help to reduce the severity of your injuries if ever involved in an accident. Your best bet is to select a motorcycle or other motorized sports helmet and make sure it’s certified by the U.S. Department of Transportation (DOT) and/or the Snell Memorial Foundation.

Don’t pile on the passengers. Most ATVs are only designed for one person. Drivers should always be able to shift their weight freely. When there’s a passenger on board, that can be a whole lot harder and the ATV more difficult to control — increasing the risks for accidents.

Never drink and drive on your ATV. Alcohol and drugs impair a driver’s reaction time as well as their judgment — and those are two essential skills for safe ATV use.

Never ride ATVs on paved roads. Not only is it dangerous, but it’s against the law.
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San Carlos Motorcyclists Struck by Flying Mattress Hospitalized

March 5, 2013 | Associates and Bruce L. Scheiner

Two people riding on a motorcycle were injured in a recent motorcycle accident in San Carlos Park. It happened when a mattress flew off a truck and stuck them, according to Naples News.

The two motorcyclists, in their mid-50s, were heading east on Alico Road at roughly 2:00 p.m. They were driving behind a truck when the mattress, which evidently wasn’t properly secured, flew off the truck and struck the motorcycle. They lost control of the bike and both riders were thrown from the motorcycle. They were transported to Lee Memorial Hospital and treated for injuries.

Our Bonita Springs motorcycle accident lawyers understand that the two motorcyclists were wearing helmets when the crash happened. That move may have saved their lives. Although the motorcyclists are listed in serious and critical condition, they’re alive and we hope on the mend. The driver of the truck has been charged with failing to properly secure his load.

These unsafe loads are a serious problem along our roadways. As a matter of fact, officials with the AAA estimate that close to 30,000 accidents happen in the U.S. every year because of unsafe loads. Officials believe that nearly 100 people die and an untold number of others are injured.

Driving along our roadways is challenging enough. You have to be alert to other drivers swerving into your lane, cutting in front of you, running red lights or slamming on their brakes. What drivers oftentimes forget about are the loads carried by trucks. Whether a commercial carrier or a resident on a return trip from Home Depot, loose loads in the roadway can quickly create fatal accident risks.

On trucks, you oftentimes have to worry about tools and other items flying off when they’re not properly secured. You’ve also got to worry about the items that are too light and yet can still cause fatal accidents it they manage to hit your windshield.

Oftentimes, when items fall off vehicles, drivers swerve to miss the debris. When they swerve, many of them do so without thinking about the vehicles around them. When this happens, we’re all in trouble. This is how chain-reaction accidents happen. And, in fact, a motorist’s reaction to debris in the road is often a contributing factor in such crashes.

In other scenarios, we have to worry about trucks spilling liquids onto the roadway. When this happens, we have to worry about slick and slippery roadways. Toxic or hazardous chemicals my exacerbate the risks.

According to Florida Statute 316.520, a driver of a truck with an unsecured load that caused an automobile accident can be held liable along with the truck owner.

It’s important that the right parties are held responsible for these kinds of accidents. Truckers have a responsibility to keep their loads on their vehicles. Neglect can result in some serious injuries, accidents and even fatalities.
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Florida Looks to Ban Text Messaging While Driving … Again

March 1, 2013 | Associates and Bruce L. Scheiner

A Florida Senate committee is taking The first steps in getting drivers to put down the text messaging devices behind the wheel. It’s yet another attempt at an anti-texting law.

A Florida father has made this ban his personal crusade, reports My Fox Tampa Bay. His name is Steve Augello.

Augello says that his daughter was doing what she was supposed to do behind the wheel when she was involved in an accident. But the woman who slammed into and killed her back in 2008 allegedly wasn’t paying attention. She made one move that cost his daughter’s life. She took her eyes of the road for mere seconds to text message and was unable to avoid the accident. He’s now looking to state lawmakers to help to make sure that no one else has to feel that pain.

“I miss my daughter,” Augello said. “I miss having the chance to walk her down the aisle.”

Our Naples car accident attorneys understand that texting and driving is a deadly combination. As a matter of fact, you’re about 25 times more likely to get into an accident while text messaging. Text messaging in the driver’s seat is dangerous and many drivers know this, yet they’re hesitant to put down the phone — thinking that an accident won’t happen to them.

Augello’s daughter died at the age of 17 because of the carelessness of another driver. And for that, he drove to Tallahassee to support a statewide ban to put an end to this dangerous behavior.

Unfortunately, this isn’t the first time that some Florida lawmakers have tried to get this kind of bill passed. The first efforts started about 10 years ago. But still Florida remains one of only six states that has yet to outlaw this dangerous behavior. Critics of these kinds of laws say that the government should stay out of Floridian’s vehicles. It’s an argument for freedom and privacy with which many disagree.

According to the AAA Foundation for Traffic Safety, it’s tough to determine just how many people text behind the wheel. However, these individuals are more likely to get into an accident than those who only talk on cell phones behind the wheel. This is why it’s so important to focus our efforts on stopping this behavior. These kinds of accidents are completely preventable. While it may not be law here in the Sunshine State, drivers are asked to keep cell phones and text messaging devices out of the driver’s seat.

The dangers involved with the habit have encouraged a number of large-scale companies, including Darden and Disney, to enact company policies to keep workers off the phone and away from text messages while driving.

AAA reports that distracted driving accounts for more than 15 percent of all fatal accidents and takes the lives of roughly 5,000 lives each and every year.
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Nightime Driving Increases Risk of Winter Accidents in Southwest Florida

February 28, 2013 | Associates and Bruce L. Scheiner

If you hate driving at night — you’re not alone.

According to Mothers Against Drunk Driving, 70 percent of drivers in the U.S. say that they fear driving at night because they can’t see as well. About 40 percent of drivers say that they worry about hitting someone or even an animal and about 25 percent say that they fear they won’t see the road markings.

Our Cape Coral car accident lawyers understand that there is about 60 percent less traffic on the roadways at night, but still more than 40 percent of all fatal accidents happen during nighttime hours. Drivers base 90 percent of their driving maneuvers on what they can see. When you take that away, we’re driving nearly blind. Because of this, drivers must take extra precautions to avoid an auto accident at night.

Consider these safe nighttime driving tips:

-Preparation. Before heading out, make sure that all of your visual tools are ready. Check your mirrors. Is there a dimming feature on your rearview mirror? Check your headlights and your taillights to make sure they’re working.

-Adjust. If there’s an oncoming car with headlights that are too bright, move to a lane that’s not in direct view of them. If the vehicle’s headlights behind you are too bright, safely pull over and let it pass, or you can just move over to the right-hand lane.

-Clean. Make sure your windshield is clear and clean and that your windshield wiper blades are working properly. Check your windshield washer fluid and make sure it’s clean and full.

-Alert. You want to keep your eyes moving. Make sure you’re keeping an eye out for pedestrians, reflectors, the reflection in animal’s eyes, road debris and other obstacles. Staying alert and looking for these dangers can help to allow yourself with more reaction time should you encounter one.

-Slow. You never want to outdrive your headlights. This means that you always want to be able to stop in the area that’s illuminated in front of you. Slowing down your speed is your best bet in staying safe at night.

Another serious danger, aside from visibility, when driving at night is drowsy driving. You never want to drive when your body would normally be sleep. If you have to, it’s critical that you get plenty of rest before setting out.

If you start to feel drowsy behind the wheel, it’s important that you pull over and get some rest. You never want to fight sleep in the driver’s seat. It’s a battle you’re likely to lose. If you start to feel tires behind the wheel, stop in a safe area and take a nap. Fighting through sleepiness with caffeine, open windows and loud music is only a temporary fix that won’t get your very far and will keep you in the line of danger.
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Hit-and-Run Drivers a Winter Risk in Southwest Florida

February 27, 2013 | Associates and Bruce L. Scheiner

It’s bad enough to get into an accident. But it’s even worse when you’re involved in an accident with a hit-and-run driver. According to officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV), law enforcement officers throughout the state are teaming up and working to help raise awareness and educate motorists about this problem and about what to do in the event of one of these tragedies.

“Hit and run crashes are a growing problem in Florida,” said FHP Director, Col. David Breirton.

Our Fort Myers personal injury attorneys understand that there were more than 70,000 hit-and-run car accidents in the state of Florida last year. These accidents can leave victims without any insurance to help cover the damages and no justice brought upon the culprits. In many cases, a motorist must pursue a claim through the uninsured motorist coverage of his own insurance policy.

Authorities do not forgive and forget. You can see on the map of Active Hit & Run Cases that law enforcement officials aren’t stopping until they find the fleeing drivers.

Do you know what to do in the event of an accident? You want to make sure that you get all of the information you can and that everyone is okay. Traffic collisions are going to occur. It’s how we deal with them that’s going to help the outcome. Stay calm and consider the following.

Just remember CRASH:

Call law enforcement officials.

Remain calm and stay at the scene.

Attain all information you can. Get driver, witness and vehicle information.

Sketch out the accident scene. Make note of where and how the accident happened.

Help anyone who was injured in the accident.

Under Florida law, drivers are required to remain at the scene of an accident, exchange information with others involved and render reasonable help to anyone who is injured in the incident. If you’re busted leaving the scene of an accident, you could face some pretty serious consequences. For leaving the scene where someone has died, you could be slapped with a first-degree felony, which carries a penalty of $10,000 in fines and up to 30 years in prison. If you’re busted leaving the scene of an accident where someone was injured, you’re facing a third-degree felony. You’re also looking at a fine of up to $5,000 and up to 5 years behind bars. If you leave a property-only accident, you can still be slapped with a $500 fine and up to 60 days behind bars.

You might think it could never happen to you, but that’s entirely not the case. In 2012, there were 168 hit-and-run fatalities reported in the state of Florida. That’s 6 more than were reported the previous. Overall, there were close to 70,000 hit-and-run accidents reported throughout the entire year. What makes it even more alarming is that 3 out of every 5 fatalities that were recorded in 2012 were pedestrians who were involved in a hit-and-run accident.
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Six Children Injured in Cape Coral Car Accident

February 21, 2013 | Associates and Bruce L. Scheiner

Six children were recently injured in a Cape Coral traffic collision after their car left the road and struck a tree.

It happened just after 6:00 p.m. along Southwest 18th Street in Cape Coral. The woman was heading south on Nott Road traveling at 45 miles per hour with a posted speed limit of 25 miles per hour, according to authorities, when she veered off of the road and into a ditch. The vehicle sideswiped a tree and then drove head on into another tree. The driver sustained minor injuries and was taken to Lee Memorial Hospital. Three of the six children in the vehicle sustained life-threatening injuries. They were trauma-alerted to the hospital. The other three children in the vehicle were also taken to the hospital with injuries.

Our Cape Coral injury lawyers understand that children are the most vulnerable travelers on our roads. Their bodies aren’t always able to sustain the impact of a collision as well as an adult. This is why it’s critical to remember that every child is properly buckled into the correct car seat during each and every car ride.

The result from a blood test of the driver are currently pending in the investigation into the Cape Coral accident is ongoing.

“Typically, an investigation lasts about 60 days,” said DCF spokeswoman Terri Durdaller.

According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the number one cause of death for Americans under the age of 12. The best way to protect our children is to make sure they’re properly seated and buckled.

There are so many car seat types and models. You want to make sure you’ve got the right one for you child. The right car seat or booster fits your child and your car, and is one you will use correctly every time you travel.

When choosing the proper seat for you child, you want to make sure that it’s designed for their age, size and weight. You also want to be familiar with the manufacturer’s instructions. Read the owner’s manual for the vehicle too to make sure you’re installing the seat correctly. To help to improve safety, you should keep your child in the car seat only as long as they fit. If they exceed the manufacturer’s weight, height and age limits — it’s time to get a new one. Lastly, you want to make sure that your child remains seated in the back seat through the age of 12. They’re best protected in the event of an accident back there away from the airbags.
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Older Riders at High Risk of Injury in Southwest Florida Motorcycle Accidents

February 20, 2013 | Associates and Bruce L. Scheiner

The average number of motorcycle accidents has increased steadily over the past 20 years.

According to Consumer Reports, the rate of injury for our older riders is on the rise, too. As a matter of fact, they’re about three times more likely to be seriously injured, when compared to younger riders. This holds true even though our older riders typically get into fewer wrecks.

Riders between the ages of 20 and 39 were involved in more crashes from 2001 to 2008 than drivers 60 and older. Still, the older drivers were more likely to sustain serious injury from the accidents they were involved in. Specifically, there were more chest and head injuries among this age group and they were more likely to die because of those injuries. Older motorcyclists were also three times as likely to be admitted to a hospital after an accident than were those in their 20s and 30s.

Our Cape Coral motorcycle accident lawyers understand that motorcycling is an activity for all ages — and poses some serious threats to riders regardless of age or even experience. Recent studies illustrate that older riders are faced with physiological effects and aging characteristics, which contribute to their risks of being seriously injured in these kinds of accidents. According to the report published in Injury Prevention, “As the body ages, bone strength decreases, subcutaneous and visceral fat distribution may change…factors which may lead to more severe injuries after exposure to trauma.”

These are all factors in a motorcyclist’s risk for injuries.

Older motorcyclists face risks because of deteriorating vision, altered balance and even delayed reaction time. Pre-existing health conditions may also contribute to an accident or complicate recovery.

According to USA TODAY, hospitalization among older motorcyclists is three times more likely in the event of an accident, severe injury is about 2.5 times more likely among older motorcyclists. The most common type of injury resulting from these accidents was brain injury.

“We want to make sure that those who are riding are wearing the right protective equipment and are trained properly,” said Tracy Jackson, a leader of the study.

This is especially important in the state of Florida, where we saw the third highest number of motorcyclist fatalities in the country in 2010, only following California and Texas, according to the National Highway Traffic Safety Administration (NHTSA).

Regardless of age, it’s important that you’re careful out there. The best way to protect yourself in the event of an unfortunate accident is to make sure that you’re always wearing the proper safety equipment. Make sure you have long pants on, that you’re wearing the proper shoes, the proper eye wear and of course a helmet.
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“3 Feet Please” Campaign Hitting South Florida Streets

February 19, 2013 | Associates and Bruce L. Scheiner

If you’ve been paying attention out there, you may have noticed the “3 Feet Please – It’s The Law” signs. They’re on county buses and vehicles and even on some of our local bicyclists. According to The News-Press, it’s a way to remind drivers of the law here in Florida that requires motorists to keep a distance of at least 3 feet from bicyclists.

Unfortunately, not many motorists are aware of this law.

Our Fort Myers bicycle accident lawyers understand that the state of Florida is one of the most dangerous in the country for two-wheeled riders. And Southwest Florida is among the most dangerous areas in the state. According to the National Highway Traffic Safety Administration (NHTSA), there were close to 100 bicyclists who were killed in traffic accidents in the Sunshine State in 2010. Only California reported more cyclist fatalities. The safety of these riders depends heavily on the drivers of motor vehicles. We need to look out for one another and keep safety a top priority.

Under this 3-foot law:

-Bicycles are recognized as having the same rights to our roadways as any other motor vehicle. And they are to be treated like any other vehicle.

-Any kind of vehicle that’s looking to pass — whether it’s a bicycle or a tractor-trailer — must allow at least 3 feet between them. Drivers passing other vehicles and bicyclists are also required to pass safely — especially on narrower roadways.

The “3 Feet Please” campaign launched a few years ago in the state of Florida after bicyclists voiced concern that many motorists weren’t aware of the law. This law was actually passed back in 2006 after a number of bicyclists were involved in unnecessary accidents because of seemingly “careless” drivers.

Consider it this way: Vehicles can weigh 2 tons or more. Now when you put that up against a bicycle that weighs less than 200 pounds, it’s not hard to see who’s going to come out the winner.

To help to spread the word, bicyclists across the state are sporting “3 Feet Please” jerseys to remind motorists to keep safety in mind. Lee County has this slogan on Lee Tran buses.

This 3-feet bicycle law is just as important as any other law out there. It’s especially important here in the Southwest Florida area where we see a plethora of bicyclists along our roadways year round. Remember that bicyclist is someone’s mother, someone’s child and someone’s friend. Let’s help to keep everyone safe and keep the distance between bicyclists and motorists.
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Most Southwest Florida Traffic Accident Causes Preventable

February 13, 2013 | Associates and Bruce L. Scheiner

Officials with the AAA Foundation for Traffic Safety are breaking down accident statistics across the country for 2011 and they’re taking a deeper look into where we need to improve to help to save lives on the road. Still, car accidents continue to be the number one cause of death for Americans.

The truth of the matter is that we’ve lost the lives of more than 1 million people in traffic accidents in the United States in the last 25 years. In 2011, there were close to 32,500 killed on U.S. roadways. Although 2011 served up the lowest number of traffic-accident fatalities in one year since 1949, it still represents an average of about 90 lives lost each day.

Our Naples car accident attorneys understand that there’s a common trend. The most alarming thing about these causes is that each of them are preventable. Among the most common causes for crashes are drunk driving, cell phone use by drivers, speeding, red-light running, drowsy driving and the lack of seat belt and helmet use.

Let’s break it down:

-About one out of every five drivers has been involved in a serious accident.

-About one out of every eight drivers have been seriously injured in an accident.

-About one out of every three drivers has had a close friend or a relative seriously injured or killed in a traffic accident.

Drivers must keep in mind there’s no acceptable amount of alcohol for a person to drink before getting behind the wheel. Although nearly 100 percent of drivers disapprove of the dangerous act, about 15 percent admit that they’ve been or have been over the legal alcohol limit behind the wheel in the last year.

Cell phone use behind the wheel is just as bad. Still, about 70 percent of all drivers admit that they’ve been on the phone behind the wheel at least once in the last 30 days. It’s even worse when it comes to text messages. A text-messaging driver is about 23 times more likely to get into an accident.

It’s also important to remember that we have speed limits for a reason. They’re not there to slow you down, but rather to help keep you safe. Still, about half of all drivers report that they’ve driven 15 miles per hour over the speed limit at least once in the last 30 days.

Drowsy driving is a more difficult issue to address. There’s no true way to keep these statistics. There’s no test to see if a driver is drowsy, as there’s a breathalyzer to test if a driver is drunk. Try not to drive when you’d normally be sleeping. If you’re getting tired behind the wheel — get off of the roadway. It’s so bad that about half of all drivers reported falling asleep or nodding off while driving at least once in their lives. About 3 percent report doing it at least once in the last month.
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