Florida Injury Lawyer Blog

Protecting Pedestrians: NHTSA Asking for Louder Vehicles

January 24, 2013 | Associates and Bruce L. Scheiner

The U.S. Department of Transportation’s National Department of Highway Safety (NHTSA) is looking to make a little more noise on our roadways.

Officials are asking that electric and hybrid vehicles meet minimum sound requirements to help pedestrians and bicyclists hear them more easily. Ray LaHood with the Department of Transportation says that there are too many vulnerable travelers who are getting involved in serious traffic accidents because they’re unable to hear these quiet cars.

“Safety is our highest priority, and this proposal will help keep everyone using our nation’s streets and roadways safe,” said LaHood.

Our Fort Myers pedestrian accident attorneys understand how important it is for pedestrians and bicyclists to use their hearing while traveling along our Southwest Florida roadways. While we rely heavily on sight to keep us out of danger, we can rely on our hearing to assist the process. We can all sure hear a garbage truck coming our way. The sound serves as warning that it’s time to get out of the way and pay a little more attention. Unfortunately, we don’t have these convenient warnings with the newer-style cars, and officials are looking to change that!

These hybrid and electric vehicles don’t run off of traditional gas or diesel fuel like older vehicles. When traveling at low speeds, less than 18 mph, they’re virtually silent. The proposed standard, also known as Federal Motor Vehicle Safety Standard No. 141, would require vehicle manufacturers to tweak the sound a bit — although the noise emitted would have to be the same among all vehicles of the same make and model. The extra noise would help pedestrians and bicyclists to recognize the location of surrounding vehicles and help to decide whether or not it’s safe to cross the road.

There is a list of some sounds on the Minimum Sound Requirements for Hybrid and Electric Vehicles website page.

The truth of the matter is that something like this would be beneficial here in the Sunshine State. According to Transportation For America, the top four spots on the list of Most Dangerous Metro Areas in the country are in Florida:

1.) Orlando-Kissimmee
2.) Tampa-St. Petersburg-Clearwater
3.) Jacksonville
4.) Miami-Fort Lauderdale-Pompano Beach
Here in Lee County, we saw close to 200 pedestrians die in traffic accidents from 2000 to 2009. Pedestrians accounted for roughly 17 percent of the traffic accident fatalities recorded during this time.

Many of these accidents could have been prevented if pedestrians could better rely on their hearing to safely navigate through the area. Regardless of sound, pedestrians need to be the most defensive travelers. Make sure you’re one step ahead of the traffic around you and you’re using all of your senses to detect possible dangers. We’ve learned we can’t rely on responsible driving habits of others to keep us safe. We’ve got to take responsibility into our own hands.
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Elderly Deaths From Bedrails Subject of Federal Review

January 23, 2013 | Associates and Bruce L. Scheiner

Our Fort Myers personal injury lawyers were dismayed to learn that over the last decade, some 37,000 adults had to be rushed to the emergency room after being hurt by the rails affixed to their beds to keep them from falling out.

What’s more, during that same time frame, at least 155 deaths have been attributed to bedrails – and that doesn’t even include numbers from 2012, which were not yet available when the Consumer Product Safety Commission released its report in November. Perhaps more troubling is that these figures are likely low estimates, not accounting for cases where an emergency room visit wasn’t necessary or when a medical examiner failed to attribute the bedrail as being the sole cause of death.

Of those who died, the vast majority were over the age of 60, and about a quarter of those incidents occurred in assisted living facilities or nursing homes.

What happens is the patients become either caught or strangled in the rails themselves or in the gap between the rails and the bed. In many cases, the deaths involved individuals with Alzheimer’s disease or dementia.

Prompting the federal review was a long history of complaints, urging both the CPSC and the U.S. Food and Drug Administration to take action. Both agencies for years had passed the buck on the issue, citing jurisdictional discrepancies and industry pressure.

Part of the problem was that federal regulators couldn’t decide who should be the one to take action because there was a lack of clarification on whether bedrails are a medical device or a consumer product. Even if the rails were manufactured according to the exact same specifications, the classification would come down to whether the manufacturer made specific claims, such as the device being able to keep Alzheimer’s or dementia patients from falling out of bed. In that case, they would be regulated by the FDA. But absent those kinds of claims, bedrails could be viewed as a consumer product, and therefore regulated by the CPSC.

Perhaps the bigger issue in failing to take action, despite a litany of complaints dating back to at least 1995, was the fact that the industry pushed back – hard. In 1995, a professor of Bioethics at the University of Minnesota first issued a warning to federal regulators, alerting them of the inherent design problems that led to potential injury and death.

Instead of attempting to push reform, the FDA, determining that replacement of older models would have cost the industry potentially hundreds of millions of dollars, opted to simply issue a “safety warning” to home health care agencies and nursing homes. The industry adopted its own voluntary guidelines, but that didn’t seem to do much good, as there have been at least 550 deaths attributable to the devices since 1995.

The incident that pushed federal regulators to launch its most recent investigation was the death of an 81-year-old woman in Washington State, whose daughter culled her own data before writing both agencies to press for further action.

The CPSC characterized the review as the first step in determining whether further action is necessary. It makes no manufacturer recommendations and doesn’t answer the jurisdictional question.

In the meantime, our most vulnerable citizens continue to be placed at risk.
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Officials Push FL Law: Move Over to Save Lives

January 17, 2013 | Associates and Bruce L. Scheiner

Too many people are being killed in roadside accidents. Many of these victims are law enforcement officers or work on road crews, where the focus is on making our commute safer and easier. According to the Florida Department of Highway Safety and Motor Vehicles, there have been more than 150 law enforcement officials killed in the U.S. while working on the side of the road and on the clock.

Throughout the entire month of January, officials across the state of Florida will be pushing our “Move Over Law.” They’ll be working to raise awareness of this lifesaving law and busting drivers who don’t comply. Our Fort Myers car accident attorneys are asking drivers to move over or slow down when approaching safety personnel stopped at the side of the road. The “Move Over Law” was enacted not only to help to protect roadside workers, tow truck employees and law enforcement officers, but it was enacted to help to keep drivers safe, too.

“Our troopers are out on the roadways every day working to reduce traffic crashes and fatalities. Motorists need to understand the Move Over law and abide by the law for everyone’s safety,” said Col. David Brierton, Florida Highway Patrol (FHP) Director.

Move Over Law:

-You are required to move over at least one lane of traffic when driving up to an authorized emergency vehicle that is stopped on the side of the road.

-When you’re on a two-lane road and you can’t move over, you’re required to slow down and to drive at least 20 mph under the posted speed limit.

-When the speed limit is 20 mph on the roadway you’re traveling on, you’re required to slow down to 5 mph.

-Violating the “Move Over Law” puts both yourself, the public and the roadside worker at risk.

-If you’re busted breaking this law, you can wind up with a fine, points on your driver’s license and even in a potentially fatal accident.

According to MoveOverAmerica.com, more than 70 percent of Americans don’t even know what the “Move Over Law” is. Of those who do know what it is, close to 90 percent of them support the laws in all 50 states.

Right now, there are 43 states that have this law in effect. Florida is one of these states.

In just 2010, there were close to 15 officers who were killed in these kinds of accidents. That’s 4 more unnecessary fatalities than the year before. One top cause for drivers striking these roadside workers was driver inattention. According to studies, drivers just aren’t paying attention behind the wheel and aren’t reacting, or not reacting in enough time, to steer clear of these vulnerable individuals.

We’re asking all drivers to remain alert behind the wheel. When approaching any kind of vehicle or person on the side of the road, approach with care. Slow it down and remain cautious. It’s a move that could wind up saving lives.
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Drowsy Driving Top Culprit in Car Accidents, Study Reveals

January 16, 2013 | Associates and Bruce L. Scheiner

Close to 5 percent of drivers admit to falling asleep behind the wheel!

According to a The New York Times, drivers who sleep less than six hours every night, those who snore and those who may have a sleep disorder are most likely to nod off behind the wheel.

Officials are saying that the actual number of drivers who have fallen asleep behind the wheel is much, much higher than reported by the recent study from the Centers for Disease Control and Prevention (CDC). Drivers may not have realized that they fell asleep at the time or they may not even remember it. In other cases, the issue is underreported by law enforcement.

Our Cape Coral car accident lawyers understand that drowsy driving is a big, big problem on our roadways. As a matter of fact, there were close to 750 fatal accidents in 2009 in which a drowsy driver was involved. Officials say that there were another 30,000 reported in which fatigue played a role. Still, the true number may never be known as drivers aren’t likely to admit their sleepiness behind the wheel. The truth of the matter is that these kinds of accidents have been proven to be more deadly and to cause more injuries than other accidents. This is mostly because drivers aren’t awake to hit the brakes or react in any way to the accident.

Anne G. Wheaton, epidemiologist with the CDC, says that the study looked at more than 145,000 adults and asked them various questions about their daily activities. It asked about work, sleep and driving habits. In this information, researchers discovered that men were more likely to jump behind the wheel feeling drowsy than women and this kind of driving behavior decreased as a driver’s age increased. According to the study, about 5 percent of drivers 15 to 44 say that they have fallen asleep behind the wheel, while less than 2 percent of drivers over the age of 64 admitted to the dangerous behavior.

This study was recently released in the Morbidity and Mortality Weekly Report.

Snoring and Drowsy Driving:

Researchers found that snoring had significant influence on drowsy driving. This may not apply to all drivers, but in many cases snoring is a sign of obstructive sleep apnea which ultimately causes brief pauses in breathing. Those with this condition typically sleep poorly and complain more of being tired during the day.

“One of the warning signs is when you have trouble remembering the last few miles that you’ve driven, or when you miss an exit. It could be because you actually fell asleep for a second,” said Dr. Wheaton.

According to a number of studies, driving while drowsy gives a driver the same reaction abilities as someone who is legally drunk.

Safe driving advocates warn drivers not to rely on caffeine or any other short fixes for drowsy driving. When you start to feel tired behind the wheel, your best bet is to pull over, rest and get back on the road when you’re well awake.
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Driver Fault Cited in Vast Majority of Southwest Florida Traffic Crashes

January 15, 2013 | Associates and Bruce L. Scheiner

Last year, officials with the Florida Highway Patrol (FHP) responded to close to 2,000 car crashes. According to The News-Press, dozens of those were fatal. Overall, the number of traffic accidents was down about 20 percent from the previous year. But these are only the numbers from the Highway Patrol. Local officers did their fair share of accident reporting as well.

In Collier County, troopers responded to close to 800 car accidents. That’s nearly 10 percent fewer than the year before. Of these accidents, close to 30 of them were fatal. In 2011, there were 32 fatal accidents recorded in the county. Fort Myers police officers responded to close to 4,000 accidents in 2012 as well. That’s more accidents responded to in one city than FHP officials responded to throughout the entire state!

Our Naples car accident attorneys understand that these crashes are most often caused by driver error. Although the total numbers may be declining, when digging deeper you can see that many are at increased risk. As we recently reported on our Florida Injury Lawyer Blog, the number of bicyclist, pedestrian and motorcyclist fatalities is actually on the rise. These facts don’t seem to be making the headlines though, unfortunately.

To help to improve roadway safety, officials with the Fort Myers police department wrote close to 30 percent more traffic citations in 2012 in comparison to 2011. There were close to 24,500 citations written within the city in 2012. However, this increase only helped to drop accident reports by about 3 percent.

“How many more tickets do I have to write to create compliance?” said Doug Baker, Police Chief. Baker says he’s going to take it a step farther and create a public service announcement to push safe driving habits.

Officials with the FHP say that they’re going to do their part by focusing on drivers who engage in driving behaviors that contribute to accidents — like aggressive driving and speeding.

Each month, there’s a community group that meets to brainstorm ways to help to solve our traffic and accident problems. During these meetings, safety engineers, law enforcement officials and advocates meet and talk about redesigned sidewalks, increased signage and other preventative measures.

To help everyone to stay safe out there, law enforcement officials throughout the area are asking drivers to pay attention behind the wheel. According to Lt. Gregory Buenom, “the main and only focus of the driver should be driving.”

With the New Year, we’re asking drivers to up their safety measures. We’re asking everyone behind the wheel to pay attention to the road and to their surroundings. Alert and defensive driving habits are some of your most effective ways to help to prevent a traffic accident. Be aware of your surroundings out there and help to ensure a safe 2013!
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Florida Distracted-Driving Proposal Introduced for 2013 Legislative Session

January 11, 2013 | Associates and Bruce L. Scheiner

Think you can handle texting behind the wheel? Consider this: You’re heading down Interstate 75 and you’re traveling the speed limit, at 70 miles per hour. You get a text message. No problem. Just a quick response will do. The average text message takes a driver’s eyes off of the road for 4 seconds. When you’re traveling at 70 miles an hour, you can travel the entire length of a football field without ever looking at the road — each time you look at your phone.

In the state of Florida, you’re allowed by law to use a hand-held device while driving. Florida is one of only six states in the U.S. that has yet to ban drivers from text messaging behind the wheel. But that is going to change if state Senator Maria Sachs gets her way. She recently announced her support for a bill in the upcoming session that would make all use of hand-held devices illegal while driving. The law would establish fines for text-messaging drivers, according to the Sun Sentinel.

Similar proposals have failed to make it through the lawmaking session for at least the last 5 consecutive years.

Our Cape Coral car accident lawyers understand that cell phone-use by drivers is the cause of over 100,000 crashes every year. According to national statistics, distracted driving car accidents took the lives of more than 3,300 people in 2011. Although drivers are legally free to talk on cell phones and text message in the state of Florida, we’re asking everyone to do the responsible thing and keep their eyes on the road and their focus on safety!

“It’s relevant, it’s important, and as sure as we’re standing here it’s going to save lives,” the sheriff said. “Like alcohol and driving, texting and driving doesn’t mix,” said Broward Sheriff Scott Israel.

The Democrat from Delray Beach recently made her announcement during a demonstration about the effects of distracted driving at Broward College’s Institute of Public Safety. She was joined and supported by Sheriff Israel.

Here’s how the bill would work: If a driver is busted by an officer text messaging behind the wheel, they would be pulled over and issued a citation. This would come with a fine of $100 for a first-time offense. Each offense after that would be more expensive. There would be no points on your license for this violation.

Everyone’s got a phone nowadays. Many even have two phones. It’s gotten so bad that there are more cell phone subscriptions in our country than there are U.S. residents.

Still, you’re 23 times more likely to get into an accident if you’re texting behind the wheel. So in the name of roadway safety, we’re asking drivers to acknowledge the difference between right and wrong and we’re asking you to focus your full attention on the road. There should never be a text message worth the risk of taking someone’s life. If it’s that important, pull over and deal with the text message. Don’t endanger yourself or other travelers needlessly.
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New Safety Ratings Proving Cars Not So Safe

January 10, 2013 | Associates and Bruce L. Scheiner

America’s most popular car isn’t doing so well in the latest crash safety tests.

The tests were conducted by the Insurance Institute for Highway Safety (IIHS) and discovered that Toyota Camry didn’t perform well in certain frontal crash tests. There were 18 models of vehicles, including the Ford Fusion, the Honda Accord and the Toyota Camry, that were all put through this front-crash test. Vehicles traveled at 40 miles per hour upon impact when they slammed into an object with a small part on their front bumper. Only 11 of the tested vehicles got top marks, according to CNN Money. The Toyota Camry and the Prius did the worst — both receiving “poor” ratings. The cars were smashed after the collision and research shows that vehicle occupants wouldn’t have done so well in the accident.

“Toyota engineers have a lot of work to do to match the performance of their competitors,” said Adrian Lund, IIHS President.

Our Fort Myers car accident lawyers are asking drivers to do their research when choosing a new car. If you’re looking to purchase a new car with the New Year, you’re urged to check out safety ratings on SafeCar.gov. The National Highway Traffic Safety Administration (NHTSA) has set the standard for safety, helping consumers to find safer cars with its 5-Star Safety Ratings for over 30 years. Buying a safer car is a lot easier with the Overall Rating that makes comparing vehicles simpler. When considering which vehicle fits the needs of your family, make sure it meets the safety ratings you need, too!

In the latest crash safety testing from the IIHS, the Suzuki Kizashi and the Honda Accord received “good” ratings. The Accord oftentimes ranks second to the Camry — but not this year. Suzuki might not be an option for you though, as it recently announced that because of poor sales it will be putting out of the American auto market.

Most of the 18 vehicles that were tested merely received “acceptable” ratings. These vehicles include the Volkswagen Passat, the Mazda6, the Chrysler 200, the Dodge Avenger, the Subaru Outback and Legacy, the Nissan Maxima and the Altima and the Kia Optima. The Volkswagen Jetta, the Chevrolet Malibu and the Hyundai Sonata all got “marginal” ratings, which is the second-worst possible rating.

How do the safety ratings work?

-5 Stars: Ten percent or less of serious injury in the event of an accident.

-4 Stars: Eleven percent to a 20 percent chance of serious injury in the event of a collision.

-3 Stars: Twenty-one percent to 35 percent chance of serious injury in an accident.

-2 Stars: Thirty-six percent to 45 percent chance of serious injury in the event of an accident.

-1 Star: About a 50 percent chance of serious injury in a collision.

These tests check out the effectiveness of airbags, Electronic Stability Control (ESC), seat belts, reminder systems, on-off switches and more. You want to make sure that you and your passengers are equipped with the safest car available. Do your research before choosing that new car and help to keep everyone in your family safe.
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Welcoming Your New Pup Safely into Your Home

January 9, 2013 | Associates and Bruce L. Scheiner

Many families were blessed with a new family member over the holidays. We’re talking about a new wet nose and a wagging tail as people invite pets into their home.

It’s important that your take the proper safety steps when introducing this new family member to your household. Our Cape Coral dog bite attorneys are here to offer you some important tips. Dog bite incidents injure millions of Americans each and every year, but there are ways that you can work to minimize these risks.

The first thing you want to do is prep your home. Make sure you have plenty of puppy supplies. You want to make sure that you have safe chew toys, water bowls, the proper collar and leash, bedding and the right grooming tools. You’re going to also want to make sure that everyone understands their responsibilities with your new dog. Make sure everyone knows who’s going to walk them in the morning, afternoon and night.

It’s important that everyone knows how to act safely around your pup, too!

-Talk with a professional! Make sure you’ve chosen a pup that fits the needs of your household.

-Avoid choosing a pup that has a history of aggression.

-Be wary of children. They might not always be as welcoming to pups as you are. Take notice of their behavior, especially frightened behaviors. Talk with them about important safety tips, too!

-Before bringing a dog in, make sure that they’re spayed or neutered. This will help to calm aggression.

-Never leave young children alone with a dog. Always provide them with the proper supervision.

-Never play aggressive games with your new pup.

-Make sure that they’re properly trained and socialized. Teach them submissive behaviors.

-If your dog begins to display aggressive behaviors, talk with a professional.

-Never approach a dog that’s unfamiliar.

-Always allow a pup to smell you before you try to pet it.

-If you spot a stray dog or a dog that is displaying unusual behavior, report to an adult or professional immediately.

-Never bother a dog that is feeding, caring for pups or sleeping.

According to the Centers for Disease Control and Prevention (CDC), there are nearly 5 million Americans who are bitten by a dog each and every year. Close to a million of these Americans require medical attention for these injuries and another 400,000 require treatment in an emergency department. In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs. More than 15 people are killed by dog bites each and every year, too. Remember that children are the most vulnerable in these kinds of incidents, so keep a close eye on them when interacting with dogs.

Welcome your new pup with open arms and welcome it with knowledge of the proper safety precautions. Preparation is your number one defense against a dog bite incident.
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Dangerous Naples Intersection Gets New Crossing Technology

January 8, 2013 | Associates and Bruce L. Scheiner

Safety officials are looking into a new traffic system to help to prevent pedestrian accidents at a busy intersection in Naples. Bicyclists and pedestrians who cross Weeks and Bayshore Avenue are at some serious risks for accidents and injuries as many drivers fail to stop at the crosswalks. City officials have already tried to head off these accidents, but the efforts came up shorthanded. Now, the intersection comes with the HAWK system. This is a first of its kind in Collier County. It’s a light that stays off until a pedestrian comes by and activates it. When a walker or bicyclist approaches, the light turns on and works much like a stop light.

Our Naples pedestrian accident attorneys understand how important it is for us to be on the lookout for pedestrians and bicyclists when driving near and through intersections. Pedestrian crashes occur most frequently in urban areas where pedestrian activity and traffic volumes are greater compared to rural areas. The National Safety Council estimates that more than 84 percent of all non-fatal pedestrian crashes in the United States occur in urban areas and close to 14.5 percent occur in rural areas.

How does it work?

First, a flashing yellow light will work to alert drivers that a pedestrian is waiting to cross the road. When the light turns to a solid yellow, drivers need to be ready to stop. Next, the light will turn to a solid red with a “WALK” symbol for the pedestrian. The pedestrian is then allowed time to cross. Next, the light will change to a flashing red and a “DON’T WALK” symbol. During this time, drivers are allowed to pass through the flashing red light after making a complete stop.

According to NBC2, there’s an accident at this intersection almost every day.

“They’ve done various things to try and (get) vehicular traffic’s attention,” said Connie Deane with the Collier County Growth Management Division.

In the Sunshine State, there were close to 500 pedestrians killed in traffic accidents in 2010. These kinds of accidents continue to be an ongoing concern, as officials with the National Highway Traffic Safety Administration (NHTSA) report increases in both 2011 and 2012. Many of these accidents are the result of driver inattention. Drivers simply aren’t paying attention to our more vulnerable, on-foot travelers.

The truth of the matter is that Florida continues to be the most dangerous state for these kinds of accidents. As a matter of fact, our state holds 4 of the top 5 most dangerous metro areas in the entire country when it comes to pedestrian accidents, according to Transportation for America.

With the New Year, we’re asking drivers to renew their attention for pedestrians. We are entering the busy season and tourists will be arriving in droves. With the beautiful weather that we get to enjoy here, we can bet there are going to be an increasing number of pedestrians.
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Transportation Officials Look to Tighten Motorcycle Regulations

January 4, 2013 | Associates and Bruce L. Scheiner

According to the U.S. Government Accountability Office (GAO), the cost of motorcycle accidents was about $16 billion in 2010. Some officials say it’s even higher than that because there are some costs that are tough to factor in, like long-term medical care.

According to the National Highway Traffic Safety Administration (NHTSA), society bears about three-quarters of the measurable costs of traffic accidents. Our share of the costs of motorcycle accidents might be similar or even higher because the injuries are typically more serious than those involving other vehicles.

Our Cape Coral motorcycle accident lawyers understand that there are number of factors that can contribute to a motorcycle accident. One of the most common is driver inattention. Motorcycle helmet laws can help to reduce the risks of injury and even death in the event of an accident, but they don’t help to eliminate accidents. Currently, the state of Florida only requires riders under the age of 21 to wear a motorcycle helmet. There are only 19 states that have motorcycle laws on the books to keep all riders in a helmet.

Transportation officials say that there’s a lot we can do to help to keep these vulnerable riders safe. They add that we can also educate law enforcement officers about motorcycle safety in order to strengthen enforcement.

To help to keep motorcyclists safe, officials with the Governors Highway Safety Association (GHSA) are backing the GOA. One of the main things that GHSA approves and supports is flexibility in the use of federal funds to help to raise awareness and address the safety of motorcyclists.

The NHTSA is scheduled to release a plan of motorcycle safety research efforts in 2013. Officials with GHSA are saying that they look forward to this research roadmap.

This kind of research and safety effort is critical, especially here in the state of Florida. A recent release from the NHTSA reported that the number of motorcycle accident fatalities is actually on the rise.

Florida continues to be ranked among the top states for these kinds of accidents. Motorcyclists from around the country visit South Florida all year. Florida provides nearly 365 days of beautiful weather and ideal conditions for the motorcycle enthusiast.

And, unlike in much the rest of the country, winter is riding season in South Florida.

It’s important that motorists do their job and keep an eye out for motorcyclists along our roadways. In many of these accident cases, motorcyclists are simply overlooked by drivers. We need to take that extra second and look for these drivers. They have rights to our roadways and those rights need to be respected!

Let’s do what we can in 2013 to make it a safer year.
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