Florida Injury Lawyer Blog

Lee County Traffic Deaths at Record High to Start 2013

February 12, 2013 | Associates and Bruce L. Scheiner

Twelve people were killed in traffic accidents in Lee County during the first month of 2013. That’s a number that’s about double our monthly average, according to The News-Press.

The deaths included two motorcyclists, a bicyclist, five motorists and four pedestrians. These 12 people were killed in just the 31 days of January, according to the most recent information from the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

Our Fort Myers personal injury attorneys understand that Lee County saw about the same number of traffic fatalities in the month of January as Hillsborough County.
Hillsborough County has about twice as many people. We also know that Collier County saw four traffic fatalities throughout the month. In the state, Palm Beach and Broward counties recorded the most traffic fatalities — with 14 each.

We’ve talked before about the risks that come with snowbirds and the tourist season. Our roadways are jam packed with out-of-town drivers. With such a significant increase in traffic out there, there’s no doubting that we face increases in the risks of accidents. Ultimately, it’s up to drivers to be alert and cautious behind the wheel to help to reduce these risks.

The president of “Stay Alive…Just Drive”, Jay Anderson, says that it’s troubling to start off a New Year with so many deaths.

January 2013 reported 12 traffic fatalities –8 deaths were reported in January of 2012. Last year, we saw just more than five traffic fatalities each month, totaling about 65 for the entire year. In 2011, there were about 80 reported in Lee County.

BikeWalkLee’s Dan Moser says that drivers better turn the attention inward and truly take a look at their own driving habits. He points to speeding and aggressive driving as two of the main culprits for these accidents.

“We have become a society of drivers who drive however we want,” said Moser. “It’s a lot of bad decisions made by a lot of people.”

Only one of the drivers involved in the four fatal pedestrian accidents was cited by police officers. The 80-year-old driver was cited for failing to yield to a pedestrian in a crosswalk. Allegedly, the three other accidents were the result of the involved pedestrians walking out in front of traffic.

Regardless of how you choose to travel, it’s important that you do so safely. You need to adjust your driving/walking/biking skills to accommodate the seasonal traffic around us. Stay cool out there and stay one step ahead of the traffic around you to help to prevent a potentially fatal accident.
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Distracted Driving: Know the Risks, Take the Pledge

February 6, 2013 | Associates and Bruce L. Scheiner

About 90 percent of Americans think that distracted driving is a more serious problem today than it was just three years ago. According to a news release from the AAA Foundation for Traffic Safety, it’s not just cell-phone use that’s endangering our roadways, it’s the fact that these drivers are actually more likely to display other dangerous behaviors.

AAA conducted a study with these dangerous drivers and discovered some alarming statistics. Of the drivers who use cell phones behind the wheel, about 70 percent say they oftent speed, more than 40 percent say they drive while drowsy, about 55 percent say they text and email in the driver’s seat and close to 30 percent say that they rarely wear a seat belt.

Our Cape Coral accident attorneys know most drivers understand that distracted driving is dangerous. What’s alarming is that these same drivers choose to participate in other forms of dangerous driving behavior as well. The truth of the matter is that there are more cell phone subscriptions out there than there are citizens. We all need to step up and take a stand against their use at the wheel.

“Drivers of all ages contribute to this problem. However, this issue tends to be more prevalent among young drivers, as electronic devices…are proven to be the most common form of distraction for teens,” said Gorman, with AAA.

As a matter of fact, AAA studies report that more than 60 percent of 16- and 17-year-old drivers have mobile phones and they also admit that they use them behind the wheel.

Young Drivers — 16- to 24-Years-Old:

-More than 60 percent say that they’ve read an email or a text message in the driver’s seat at least once in the last 30 days.

-Close to 30 percent say they’ve checked Facebook, Twitter or other social media in the driver’s seat at least once in the last 30 days.

Distracted driving continues to be a focus of federal safety officials. And officials with AAA continue to support a ban on text messaging for drivers. Yet some states aren’t following behind. The state of Florida is actually one of the only states left that has yet to enact any kind of distracted-driving law.

Even though there are no laws on the book that say drivers cannot use a cell phone or other electronic devices while driving, we’re asking all drivers to act in good faith and keep their attention on safety. Remember, cell phones, whether phone calls or text messaging, significantly increase your risks for a potentially fatal car accident.
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Study Proves Driver Fault in Bicycle Accidents

February 5, 2013 | Associates and Bruce L. Scheiner

According to a recent government study, bicyclists aren’t normally at fault in traffic accidents. Very few injuries of bicyclists are caused by riders running red lights or neglecting to wear helmets.

Our Fort Myers bicycle accident lawyers understand that these findings go against the opinions of many, who continue to blame careless riders for accidents. They’re oftentimes blamed for not paying attention or breaking road laws. Well, we’re here to debunk that theory — and the numbers support us!

According to The Guardian, only in 2 percent of examined accidents was the rider at fault. Of the accidents that were blamed on the bicyclists, about 3 percent of them were caused because they were wearing dark clothing. Neglecting traffic lights by bicyclists was only the cause of about 2 percent of crashes.

These figures were a little bit higher when taking into account the accidents in which the bicyclists was killed. But in such cases, it’s only the driver’s account that’s available.

The accident information was reviewed by the Transport Research Laboratory (TRL). These researchers found that about a quarter of the cyclists fatalities happened when a vehicle rear-ended the cyclist. These kinds of accidents were more common in rural areas.

When looking at bicycle accidents involving children, their behavior became more of an issue. They were more likely to do something “wrong” on the bike to help to cause the accident. This wasn’t the case with adult riders. With adult bicyclists, the driver of the vehicle involved was at fault about 75 percent of the time. Riders were only at fault in about 20 percent of these accidents.

The cyclists’ lobby group CTC says that the report shows that the government should be focusing more on driver behavior and less on cyclist behavior. The TRL also released a report saying that the helmet law isn’t that important when factoring causes of injuries — helmets only save about 10 or 15 lives a year.

“The main cause of crashes seems to be ‘failed to look properly’, whereas very few cyclists are injured or killed acting illegally, such as failing to use lights at night or disobeying traffic signals,” said Chris Peck, from CTC
With this report from England, and with the history of bicycle accidents in the state of Florida, it’s critical that we help to reduce the risks of these accidents. Florida continues to rank as the top stop for bicycle fatalities in the nation. Lee County is ranked among one of the state’s most dangerous counties.

With the tourist and heavy travel season here, we’re asking drivers to be on the lookout. Pedestrians and bicyclists will be lining our roadways — and they have rights, too! Take the extra second to look for these vulnerable travelers along our roadways before making a move in traffic. Keep your hands on the wheel and your eyes on the road to help save lives!
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Fort Myers Beach Pedestrian Accidents an Ongoing Risk

February 4, 2013 | Associates and Bruce L. Scheiner

A woman visiting from Ohio was hit and killed while walking across the street on Fort Myers Beach. It happened Monday night on Estero Boulevard, according to Naples News.

The elderly woman and her husband were walking across from the beach side to the bay side and were in a crosswalk when the accident happened. It happened just before 7:00 p.m. on Estero Boulevard just north of Beach Bay Lane. They were reportedly hit by the elderly driver of a van. The driver said that he was traveling at 25 miles per hour but was unable to stop for the pedestrians in enough time. The driver was cited for failing to obey a traffic control device as well as failing to yield to the pedestrians. Both were taken to the hospital following the accident. The woman was pronounced dead. Her husband is still in the hospital with serious injuries, according to the Lee County Sheriff’s Office The investigation is ongoing.

Our Fort Myers Beach pedestrian accident lawyers understand that the beach is a hot spot to be during this time of the year. We’re blessed with beach weather year round! Unfortunately, when we see an increase in on-foot and bicyclist traffic, we also see an increased risk for accidents. This is especially true in areas where this kind of traffic volume is high — such as Fort Myers Beach. We also see these risks at some of our hottest areas, including local shopping districts.

There were more than 4,250 pedestrians killed in traffic accidents in the U.S. in 2010. That means that there were about 12 pedestrians killed each and every day. And the numbers don’t look like they’re getting any better. Recent reports indicate that, although the number of traffic fatalities is falling, the number of pedestrian and bicycle fatalities is actually on the rise.

In addition to these thousands of fatalities, there were approximately 70,000 pedestrians injured in traffic accidents in 2010.

Unfortunately, many of these accidents are caused by drivers. Those behind the wheel sometimes feel like they have more rights to our roadways than on-foot travelers. The truth of the matter is that we all belong here and we need to learn how to belong together before more people die.

Who’s getting killed?

-Close to 60 percent were males.

-About 75 percent of pedestrians fatalities happen in urban areas.

-About a half of pedestrian fatalities happen on Friday, Saturday or Sunday.

-Close to 40 percent of the younger pedestrian (under the age of 16) fatalities happened before 3:00 p.m. and 7:00 p.m.

If you’re heading down to Fort Myers Beach, make sure you keep a watchful eye out for pedestrians. This is especially important near crosswalks, but remember that pedestrians can sometimes be unpredictable. Take the time to look for these walkers to help save some lives!
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Drunk Driving Accidents a Southwest Florida Risk on Super Bowl Sunday

February 3, 2013 | Associates and Bruce L. Scheiner

The big day is here — And in addition to fun, football and fellowship, you should remember that Super Bowl Sunday is among the most dangerous day of the year when it comes to drunk driving accidents.

On February 3rd, residents from around the state will gather around their televisions to cheer on their favorite team, whether it’s the San Francisco 49ers or the Baltimore Ravens. With this American tradition, we’ve got the grills turned up, the faces painted and the drinks on ice.

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related accidents cost the country more than $35 billion each and every year. More than 10,000 lose their lives. We lose someone in these careless accidents every 51 minutes!

Our Cape Coral drunk driving accident attorneys encourage all Southwest Floridians to celebrate responsibly this Sunday! The important thing to remember is that we all need to be a team player and designate a sober driver. “Fans don’t let fans drive drunk.”

Before heading out to your Super Bowl Sunday destination, make sure that you’ve got yourself a designated driver if you plan on drinking. This is something you need to figure out before your start your night. It’s also important for you to remember that a designated driver isn’t the one who is the least drunk. A sober driver is someone who has consumed absolutely no alcohol!

If you’ve been drinking and you don’t have yourself a driver — Don’t worry! There are other ways that you can get home safely without having to get behind the wheel. Read the following before heading out to make sure you have a plan.

Safe Ways to Get Home:

-Designate a sober driver before heading out. Make sure that there is an agreement that there will be no alcohol consumed by this individual.

-Call a cab. Keep taxi numbers in your purse and wallet. Cabs can help you to get where you need to be without having to drive. Offer cab numbers to those who you think could use the help, too!

-Reach out to a friend or family member. See if someone you know, who is sober, can offer you a ride.

-Consider using public transportation. You can always use the bus system to get you home. Just make sure you know the bus routes and the times of these routes. We don’t want you waiting at the bus stop all night.

-Sleep it off. If you can’t find a safe and sober way to get home consider getting a hotel room or staying over at a friend or family member’s house. We’re sure they have a spare bedroom or even a vacant couch.

Although roughly 10,000 people die every year from alcohol-related car accidents, it’s important to remember that each and every one of these accidents are preventable. Be safe, be responsible and enjoy your Super Bowl Sunday!
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Alligator Alley Accident Claims Two Lives

January 31, 2013 | Associates and Bruce L. Scheiner

A recent accident on Alligator Alley took the life of a 33-year-old minister and her 3-year-old daughter. According to Florida Baptist Witness, another child in the vehicle, a 4-year-old passenger, was taken to a Tampa hospital and listed in critical condition. Reports indicate that their car crashed through a barrier on the Alley.

Reportedly was heading west on Interstate 75 around mile marker 88 when the crash occurred. Both child passengers were buckled into their car seats. Shortly after 8:00 a.m., the minister’s vehicle hit another car and veered off of the road. It drove through barricade cables and flipped over — landing in a canal.

Our Naples car accident lawyers understand that it took emergency responders a half an hour before they could smash the windows of the vehicle and get the kids out. Neither of them were breathing on their the mother was transported to Physicians Regional Hospital where the mother was later pronounced dead. One of the daughters was later pronounced dead at NCH in North Collier.

The truth of the matter is that are a lot of factors that can play into a car accident. Consulting an attorney in the immediate aftermath of a serious or fatal accent can provide invaluable assistance when it comes to identifying the cause of your accident and determining the parties responsible.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were more than 235,000 traffic accidents reported in the state of Florida. In these accidents, there were more than 338,000 drivers involved.

When you break it down, that means that there were more than 640 (average) accidents each and every day. Alligator Alley is one of the nation’s most isolated stretches of road and can be particularly dangerous because it often takes 30 to 40 minutes for rescue personnel to arrive on scene.

Each year in Florida, there were more than 195,000 injuries reported and more than 2,440 people killed in traffic collisions.

There were a lot of factors that led to these accidents. Many of them are obvious, like drunk driving, inexperienced driving, distracted driving, drowsy driving and even weather conditions. But others are not as obvious, like road defects, structural and design flaws and even vehicle defects. And many of these factors can help to determine fault in an accident and can help to get the victim the compensation that they deserve.

That’s why it’s important to recruit the help of an experienced attorney. They can help you to find the details you’re likely to overlook. An attorney can examine all aspects of your accident and can help determine the best course of action.
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Florida Fails Traffic Safety Law Review

January 30, 2013 | Associates and Bruce L. Scheiner

There are 15 basic traffic safety laws that transportation officials have recommended be adopted by all states. Unfortunately, too few states are adopting these recommendations, despite a new federal transportation law and a number of grant incentives.

According to Edmunds.com, a recent report card from the Advocates for Highway and Auto Safety shows which states need to step up their efforts.

Florida didn’t do so well in the recent report card. Our Fort Myers car accident attorneys understand that the worst state may have been South Dakota — but Florida didn’t fall too far behind. This may be one of the main resasons why we saw close to 3,500 traffic accident fatalities in 2011. Over the last 10 years we’ve seen more than 30,000 traffic accident fatalities in our state.

“Several states have been moving backwards and most states are not moving at all to enact lifesaving laws,” said Jacqueline Gillan, president of Advocates for Highway and Auto Safety.

One of the most concerning facts regarding the latest traffic accident fatalities is that during the first 9 months of 2012, the U.S. saw an increase of more than 7 percent in the number of traffic deaths.

Annually, these accidents cost the country close to $250 billion.

Laws that Could Benefit the Safety of Florida Motorists:

-The government is pushing for all motorcyclists be to wear a helmet. Currently, a rider who is over the age of 21 is allowed to operate or ride upon a motorcycle without wearing a helmet if such a person is covered by an insurance policy providing at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating a motorcycle.

-Booster seats should be required of all motorists under the age of 7.

-The state’s Graduated Driver’s Licensing (GDL) program should have a minimum age requirement of 16-years-old for a learner’s permit.

-Our GDL program should have stricter nighttime restrictions as these young drivers are more likely to get into an accident during the evening hours. Currently, drivers with an Operator’s License, who are 16-years-old, may only drive between the hours of 6:00 a.m. and 11:00 p.m., with two exceptions. If the driver is going to and from work, or has a licensed driver who at least 21-years-old in the front passenger seat, he or she may driver outside the restricted times. Drivers that have an Operator’s License, who are 17-years-old, are restricted from driving between 1:00 a.m. and 5:00 a.m., with the two exceptions listed above.

-Our GDL program should have stricter passenger restrictions as these young drivers are more likely to get into an accident when more passengers are present in the vehicle.

-Lawmakers should enact an Ignition Interlock Law for all drunk driving offenses.

-Enact laws to keep drivers in the GDL program off of their cell phones. These drivers rely on their electronic devices more than any other age group of driver. We need to keep their hands on the wheel and their attention on the road.

-All drivers should be banned from text messaging behind the wheel.
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Pedestrians at High Risk Through Tourist Season

January 29, 2013 | Associates and Bruce L. Scheiner

The tourists are arriving here in record numbers this season, and with the influx of traffic comes an increase in the risk for pedestrian injuries. While we hope for their money and their enthusiasm to kick start our economy every year, we must also do our part to reduce the risk of accidents.

According to The News-Press, two people were killed in two different pedestrian accidents on the same night. One occurred in North Fort Myers while the other happened in Cape Coral. The first of the accidents happened just before 11:00 p.m. at the intersection of Orange Grove Boulevard and Pondella Road. A pedestrian was hit by a passing vehicle, according to reports from the Florida Highway Patrol (FHP). Reportedly, the vehicle had a green light and the driver was unable to avoid the on-foot traveler. No charges have been filed.

Our Cape Coral pedestrian accident lawyers understand that the second of the fatal accidents happened just before 11:30 p.m. between Academy Boulevards and County Club on Veterans. Officers say that the 25-year-old pedestrian was walking across Veterans Parkway when he was hit by a passing vehicle. The pedestrian was reportedly wearing dark-colored clothing and the driver of the vehicle was unable to avoid him.

The truth of the matter is that pedestrians face some serious risks in the Southwest Florida area year round. But more traffic usually results in more accidents and ultimately more fatalities. These cases also illustrate why speaking with an experienced personal injury law firm is critical in the immediate aftermath of a serious or fatal accident; an independent investigation of the scene of the crash can better determine the circumstances of the collision as well as who was at fault.

Fort Myers Beach is trying to raise awareness and is trying to help out these vulnerable travelers. That’s why city officials have decided to hang banners along the island. They’re going to be staying up all year long too, and they’re going to encourage motorists to remember to share the road — with pedestrians.

After a number of accidents last season, officials with the Fort Myers Beach Public Safety Committee decided that these signs were a must, according to NBC2.

“You could be in the middle of the street itself and they won’t stop; sometimes they just don’t stop,” said Jason Beasley, Fort Myers Beach resident.

The Public Safety Committee is looking into redesigning crosswalks to make them safer for everyone. In the meantime, they have spent about $1,000 for three hanging banners to remind drivers of pedestrians along our roadways.

Next, officials say they’re going to make a brochure to get tourists to slow down. The brochure should include traveling tips for bicyclists and pedestrians as well.

Officials are also looking into relocating some crosswalks so that they correspond with lights.

Drivers are asked to be on the lookout. Florida continuously ranks as the most dangerous state in the country for these kinds of accidents. Most of the accidents are the result of driver inattention. Pay attention behind the wheel and keep a watchful eye out for our most vulnerable travelers.
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South Florida Tractor-Trailer Accidents – Tougher Restrictions Needed

January 26, 2013 | Associates and Bruce L. Scheiner

Overweight and speeding semis continue to present risks to every motorist on the road in South Florida.

The maximum weight that a big rig can weight in Florida is 80,000 pounds. Unfortunately, many companies around the country and right here in Florida are frequently exceeding weight restrictions. Although state officers continue to pull over trucks that they suspect are too heavy, companies continue to overload these rigs and thereby gambling with the safety of innocent motorists like you and I.

Our Fort Myers trucking accident attorneys understand that the penalties for these citations might not be enough to deter this kind of behavior. According to the report from FOX5, companies are getting fines of $300, $150 and even $75 for exceeding federal weight limits. And these were fines for exceeding the 80,000 limit by thousands of pounds. It’s so bad that officials estimate that about 30 percent of tractor-trailers and dump trucks are overweight on our roadways.

“Florida’s weight fines are so low that they were simply a nuisance to many truckers and considered a part of doing business,” according to an Office of Program Policy Analysis and Government Accountability (OPPAGA) report to the Florida Legislature.

Safety advocates have repeatedly suggested to lawmakers that the fines be tougher. A dump truck exceeding the weight limit by 600 pounds runs the risk of getting a mere $10 fine.

What’s even worse is that trucks that are over the limit, but over it by less than 6,000 pounds, are allowed to continue on to final destination. It’s up to the discretion of the officer.

In addition to these trucks running around with too much weight, they’re also speeding. For this reason, officials with Road Safe America (RSA) are pushing for federal officials to mandate speed limiters on commercial trucks.

Under this proposal, all heavy commercial vehicles would be required to use speed limiters and would have to set them at 65 miles per hour. According to RSA officials, this would help to make our roadways safer not only for these truckers, but for passenger car drivers as well.

The Secretary for the U.S. Department of Transportation (DOT) has even provided readers with a sample letter that you can personalize, print out and send to your elected officials. It helps to talk about the risks associated with these heavy, speeding trucks as well as ways that lawmakers can help to improve roadway safety for everyone.

In the state of Florida, there were close to 200 large vehicles involved in fatal accidents in 2010. Many of these accidents and fatalities could have been prevented or could have at least resulted in fewer injuries if truckers and companies simply followed stricter weight and speed restrictions.
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Enforcement Effort Bust Thousands Over Holiday Period

January 25, 2013 | Associates and Bruce L. Scheiner

Thousands were cited during the recent “Drive Sober Get Pulled Over” campaign conducted by the Florida Highway Patrol (FHP).

As we reported on our Florida Injury Lawyer Blog, Florida is one of the deadliest in the country for drunk driving accidents. These accidents continue to be the cause of about 30 percent of all traffic fatalities.

Well, officials with the FHP and local law enforcement officers throughout the state were combing our roadways from the 12th of December through the 2nd of January. Patrols were beefed up and administrative duties were postponed — all in an effort to keep you safe.

Our Naples drunk driving accident lawyers understand that Florida officials were able to dish out more than 39,000 citations during this enforcement period. In addition to the citations, they were able to apprehend close to 550 individuals for driving under the influence. It doesn’t stop there either. Officials handed speeding citations to close to 14,000 drivers and seat belt citations to more than 2,500 motorists.

Still, there were close to 11,000 traffic accidents that occurred over this enforcement period, according to the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

It wasn’t all bad news though. Officials were able to lend a helping hand to close to 11,000 motorists who may have broken down, got a flat tire or even ran out of gas.

“Our troopers were out on the roadways to help Florida residents and visitors have a safe and enjoyable holiday period,” said Col. David Brierton with the FHP.

With the release of this information, FHP officers are also reminding motorists of the “Move Over Law,” which we also discussed on our Florida Injury Lawyer Blog.

When you’re approaching an emergency vehicle, whether it’s a police officer, an ambulance or a tow truck, you’re required to move over a lane and offer them some space. It’s for their safety! If you can’t move over a lane because it’s blocked or because there isn’t a lane to move into, you’re required to slow your vehicle down to 20 miles per hour below the speed limit. If you’re driving down a road that has a 20 mile per hour speed limit, then you’re required to drop the speed to 5 miles per hour.

With the enforcement period done and the New Year already here, we’re asking drivers to renew their devotion to safe driving. Safe decisions behind the wheel have the ability to save lives. Some of the most important things you can do are vow to stay sober behind the wheel, keep the distractions out of the driver’s seat, obey local, state and federal driving laws and make sure everyone is buckled in during each car ride. These 4 simple tips can help keep you and your family safer on the road.
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