Florida Injury Lawyer Blog

Florida Motorcyclist, Bicyclist and Teen Accidents on the Rise

December 10, 2012 | Associates and Bruce L. Scheiner

Traffic officials in Florida are hailing the fact that car accident fatalities on Florida roadways are declining.

But the 2 percent decline is likely temporary. On the other hand, the number of those killed in motorcycle, bicycle and teen car accidents has increased — significantly. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were 2,444 people killed on Florida roadways in 2010. There were 2,400 killed in 2011. The truth of the matter is that we’re still losing far too many people to traffic crashes each year.

Our Fort Myers personal injury lawyers understand that car accident risks are expected to increase exponentially with the holiday travel season. This is a time when most families venture out on vacations — gas prices are dropping and consumers are feeling comfortable at the pump once again. Transportation officials say that one of the only reasons that accident fatalities dipped is because more people were staying home through the economic downtrun. We all know that’s not the case anymore.

With the increase in traffic during this time, with residents taking vacations and snowbirds arriving for the winter, we’re asking all drivers to be on their best behavior out there.

“Traffic crashes are largely avoidable, and so I could urge drivers to give their full attention to the road when they are behind the wheel,” said Julie L. Jones, the Executive Director for the DHSMV.

The most recent statistics for motor-vehicle accidents in the state were released in the 2011 Florida Traffic Crash Statistics Report. Listed below are some of the key findings.

Florida Traffic Crash Statistics 2011:

-The state mileage death rate (the number of fatalities per million miles traveled) was close to 1.5 fatalities per 100 million vehicle miles traveled in 2011. That’s the same rate as 2010, and is also the lowest since these records were first kept in 1968.

-The number of fatalities among bicyclists, motorcyclists and teen drivers increased despite the overall decrease. The number of bicyclist fatalities increased by nearly 60 percent, motorcyclists by nearly 20 percent and more than 5 percent for teenage drivers.

As you may remember, the number of travelers increased over the Thanksgiving holiday weekend, by close to 1 million. We can only expect even larger increases over end of the year travel.

We’re asking all drivers to be safe out there. Try to remain calm behind the wheel and allow yourself plenty of time to get where you’ve got to go. Make sure safety is your number one priority and you travel with a purpose this holiday season.
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Fort Myers Motorcycle Accident Illustrates Winter Riding Risks

December 3, 2012 | Associates and Bruce L. Scheiner

A recent motorcycle accident at the intersection of Summerlin and Royal Palm illustrates the winter riding risks many of us face in coming months. One of the men who ran out to the scene of the accident is now calling on residents of the area to pay more attention to these two-wheeled motorists. According to FOX 4 News, Dr. Michael Driekorn was right there when the accident happened. He was behind the vehicle that slammed into the motorcycle. He was the first to call 9-1-1 for help.

“It was like here we go again,” said Dreikorn.

Our Fort Myers motorcycle accident lawyers understand that these riders are some of the most vulnerable. Not only are they provided with much less protection in the event of an accident, but they’re also commonly overlooked by motorists. It’s important that riders make themselves as visible as possible and it’s important that drivers of passenger vehicles and other large vehicles take the extra second to look for our motorcycle friends. We all have the same rights to the road and we need to work together to make sure safety remains a common priority.

According to the Sales Director for Harley Davidson in Fort Myers, Ralph Galietti, motorcyclists are facing more and more dangers on our roadways as technology advances. He says there are drivers who are Tweeting, Facebooking, emailing and everything else behind the wheel — they’re not concentrating on driving. One of the best moves that we can make as a state is to enact a law that curbs distracted driving, or using a cell phone or text messaging behind the wheel.

Take New York for example. If you’re texting or talking on a phone while driving there you can wind up with a fine of $250! Florida is one of the only states left that has yet to enact any of these laws. Until we get some of these rules on the books, Galietti says, we’re going to continue seeing these kinds of careless accidents.

Galietti is asking snowbirds and resident drivers to please pay attention to all motorists on our roadways.

According to the Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 400 motorcyclists killed in traffic accidents in 2010 in the state of Florida. There were another 7,000 motorcyclists injured in these accidents. Many of these accidents, injuries and fatalities could have been prevented if drivers paid a little more attention behind the wheel.

As we enter the holiday travel season, we’re asking all drivers to be safe. We’re asking you to be a courteous driver and to keep an eye out for all motorists. We all need to work together toward the goal of safer roadways. Remember that motorcyclists have a right to be there too – and we need to recognize their presence. Keep an eye out for these vulnerable motorists, especially when making turns and lane maneuvers in traffic. That extra look can save a life.
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Florida Text Messaging Law in Focus for 2013 Legislative Session

December 2, 2012 | Associates and Bruce L. Scheiner

Under new legislation that was filed in the Senate last week, drivers would be prohibited from manually typing or reading text messages, emails or any other kind of electronic message.

According to FOX4, Senate Bill 52 was filed by Sen. Nancy Detert, R-Venice. It’s asking for these dangerous and distracting driving behaviors to become secondary offenses in the state. This means that a law enforcement officer would be able to pull over and cite a driver for texting only if a driver is stopped for some other traffic violation. This means that an officer would have to observe you speeding or breaking another road law first.

With this proposal, drivers would still be allowed to use GPS systems and other navigational devices. Weather alerts and other safety-related information would also be fine under the law — as would hands-free applications.

Our Cape Coral accident attorneys understand that parts of this proposal may be difficult for officers to enforce. It would be tough to tell whether a driver was checking the weather or traffic report rather than text messaging or emailing. The truth of the matter is that distractions of any kind are dangerous and severely increase risks for car accidents. According to recent studies, your risks for a car accident are nearly 25 times higher when text messaging at the wheel.

If this law were to pass, drivers in the state of Florida could find themselves with a non-moving violation and a fine of $30 if busted.

Lawmakers won’t be in full session until March, but bills are able to be filed now and committee meetings on proposed legislation will kick off on December 3rd. Detert’s bill was one of the first measures in the Senate to emerge from bill drafting for the coming year.

Recently, officials with the National Transportation Safety Board (NTSB) strongly suggested that the state of Florida and others across the country ban cell phone use for all drivers. Florida continues to be one of the only states, one of the five to be exact, that has yet to enact any kind of law on drivers and text messaging.

According to the NTSB, there were about 4,000 accident fatalities that resulted from distracted driving. As a matter of fact, about 25 percent of drivers admit to this dangerous behavior. It’s so bad that this distracted driving habit made it on the NTSB’s “most wanted” list for changes to be made among transportation departments across the country.

This isn’t Deter’s first rodeo either. She has sponsored this proposal the past two years and still has not succeeded in pushing it through the law-making process.

Drivers are asked to be safe out there and to keep safety as a number one priority. Keep your hands on the wheel and your eyes on the road. No text message should be worth a human life.
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Stay Safe Over the Holiday Season: Buckle Up!

December 1, 2012 | Associates and Bruce L. Scheiner

Are you wearing your seat belt?

According to the National Highway Traffic Safety Administration (NHTSA), the rate of seat belt usage is at a record high, but there are still millions who aren’t buckling up. In 2012, officials estimate that just over 85 percent of drivers are wearing their seat belt during every car ride. It’s a decision that could save your life in the event of a motor-vehicle accident.

“When it comes to driving safely, one of the most effective ways to protect yourself and your family is to use a seat belt,” said Ray LaHood, United States Department of Transportation Secretary.

Our Fort Myers car accident lawyers understand that it’s that time of year again — a time when we see a spike in the number of car accidents on our Southwest Florida roadways. The snowbirds are trickling in and northerners are taking their holiday vacations and venturing south to soak up some of our warm weather. With more travelers on our roadways, the risks for car accidents increase significantly. We see a good number of car accidents, fatalities and injuries during the holiday season. We’re asking all drivers to be safe and alert out there, and we’re asking all motorists to buckle up during every car ride.

Officials with the NHTSA recently conducted their National Occupant Protection Use Survey. According to this study, the rate of seat belt usage has been increasing each year since 1994. It’s still not enough though as there are thousands of Americans who are dying every year in car accidents.

In the state of Florida, all front seat passengers must wear a seat belt. This law applies to all vehicles that were manufactured after 1968. In addition to this law, all vehicle occupants who are under the age of 18 are required to wear a seat belt or must be in the appropriate child car seat. Parents and guardians are urged to make sure that all young passengers are properly buckled in and are sitting in the appropriate car seat/booster seat during every car ride.

Seat belt usage is consistently higher in areas that enforce primary seat belt laws. These primary laws allow an officer to write citations to motorists just for not using a seat belt rather than requiring additional traffic violations. Officers have been on the lookout too — hunting down motorists who aren’t following these rules. Buckle up not only to avoid a potentially costly traffic ticket, but to also help to stay safe on our roadways.

In the state of Florida, there were close to 235,500 car accidents reported in 2010. There were more than 338,000 motorists involved in these accidents. That means that there were well over 600 car accidents each and every day. In these accidents, there were close to 2,500 people killed and another 200,000 injured, according to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Many of these injuries and fatalities could have been prevented if more motorists wore their seat belt.

Enjoy the holiday season, but please do so safely and wear your seat belt to help stay safe.
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Meningitis Outbreak Illustrates Risk of Dangerous Drugs in Florida

November 23, 2012 | Associates and Bruce L. Scheiner

A deadly fungal meningitis outbreak has so far claimed 32 lives and sickened about 450 people, prompting officials in Massachusetts to fire the director of the state’s pharmacy board and suspending the agency’s top attorney for failing to warn of the crisis.

Our Florida personal injury lawyers understand that the deadly illness has been linked to a prescription drug compounding agency based in Massachusetts that was recently cited by the U.S. Food and Drug Administration for uncleanliness. The facility is also accused of violating federal policy by mass producing and distributing medication. Specifically, the company distributed numerous large batches of tainted steroids, used for injections for joint inflammation in 19 states.

The U.S. Centers for Disease Control report that in Florida, as of Nov. 8, there were 23 reported cases of infection, including three deaths. It’s important to note that those are only the cases we know about so far. There could be more individuals who are at risk and don’t know it, or who were sickened and aren’t aware of the cause.

Other states that were heavily impacted include Michigan (119 cases), Tennessee (79 cases), Indiana (51 cases) and Virginia (50 cases).

Meningitis, if you aren’t familiar, is an inflammation of the lining that surrounds the brain and spinal cord. The steroid injections that were distributed were used to treat pain in the lower back and joints. It’s estimated that at least 14,000 people could be at risk of infection after receiving steroid injections from this one compounding facility, the New England Compounding Center.

But the problem could be even bigger than that.

First, the CDC reports that it has identified other contaminated drugs that the company distributed. That means there is the risk of other drugs distributed by this facility sickening patients. All of the company’s products have been recalled, and its facilities shut down.

But secondly, this case has shed light on major problems with so-called compounding pharmacies, which exist not only in Massachusetts, but in Florida and throughout the country.

The purpose of compounding pharmacies is to mix, combine or alter ingredients to certain drugs on a custom basis at the request of physicians in order to meet the specific needs of a patient. Customizing drugs can be a valuable service, for example, if you require a certain medication, but are allergic to a single ingredient in it. The compounding pharmacy would remove that ingredient so you could still take your medication.

But significant problems have been uncovered when these compounding facilities begin mass-producing drugs. Many, such as this one, are not licensed to do so. Additionally, there is little oversight because they are not regulated in the same way regular pharmacies are. So in this case, both the state pharmacy board and the FDA say while they were aware of problems at this particular facility, neither had the authority to shut it down.

At the same time, the public wasn’t alerted to problems, so no one taking drugs from this facility knew they could be at risk.

So why don’t legislators give someone the power of oversight to prevent this in the future? Well, they might – but they tried before. Ten years ago, legislators approved a measure that would have given greater authoritative powers to the FDA. But the U.S. Supreme Court ruled portions of the law unconstitutional, sending that attempt to the scarp heap.

This outbreak, however, may prompt Congress to act again. Hearings are scheduled at both a House and Senate Committee this month.
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Have a Safe and Happy Thanksgiving — Drive Carefully

November 20, 2012 | Associates and Bruce L. Scheiner

There’s going to be even more people out there on our roadways over this Thanksgiving holiday, according to ABC7.

Most travelers are going to be driving instead of flying because of tight budgets. Everyone’s urged to be safe out there and to be on their best behavior to avoid an accident.

According to AAA, close to 44 million Americans will be traveling at least 50 miles from their home over Thanksgiving break. That’s up close to 1 percent from last year. Many believe that the increase is because of the lower costs at the pump. The national average cost for a gallon of gas dropped close to 40 cents over the last 30 days. AAA is saying there’s going to be even more decline before the holiday driving period ends with New Year’s.

Our Fort Myers car accident lawyers understand that the Thanksgiving holiday weekend is one of the most dangerous weekends to be out on our roadways. Thanksgiving may only be Thursday, but many workers get to enjoy Thursday and Friday away from the office, making for an extra-long weekend. During this time, we see a significant increase in the number of roadway fatalities. Drivers can reverse this trend though, and help to keep everyone safe. All it takes is a little awareness. Drivers need to be safe and courteous out there.

Officers throughout the state will be on the lookout for dangerous and irresponsible drivers. Over last year’s Thanksgiving holiday, officials with the Florida Highway Patrol handed out more than 9,000 citations. More than 7,000 were for speeding, more than 1,600 were for seat belt and child restraint violations and close to 100 were for drinking and driving. Troopers also helped out more than 3,500 by offering roadside assistance.

Officials with the Florida Highway Patrol (FHP) are here to help to keep you safe over the busy travel weekend with the following tips. Review them and share them with your loved ones to help to preserve everyone’s safety.

Holiday Safe Driving Tips:

-Make sure your car is ready to go. Check your tire pressure and the fluids under your hood before heading out.

-Make sure your windshield and your headlights are clean to increase visibility.

-Plan out your trip before departure. Pick the safest route possible and check weather conditions as well.

-Schedule in breaks every 100 miles or every 2 hours. This will help to keep you alert and awake behind the wheel.

-Avoid engaging in distractions. Driving is a full-time job that provides no room for error.

-Make sure you have emergency supplies in your vehicle. Keep a flashlight, a first-aid kit, some water and nonperishable food items with you.

-Be courteous. We all have somewhere to be. Let’s work together to get there quickly and safely.
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Lee County Traffic Accidents & Low-Visibility Driving Conditions

November 16, 2012 | Associates and Bruce L. Scheiner

The weather here in Florida can be tricky. It can change at the drop of a dime. Not only do we have to worry about pouring rain, but we also have to worry about smoke and fog — especially if we’re driving.

Officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are urging drivers to be safe out there and to use extreme caution when driving through these conditions.

Officials with the Florida Highway Patrol (FHP), the Florida Forest Service and the Florida Department of Transportation (FDOT) recently launched a new campaign to help to get motorists to drive as safely as possible in these conditions.

Our Fort Myers injury lawyers understand that these conditions can quickly endanger motorists. During many of our morning commutes, our roadways are covered in fog at this time of year. During all hours of the day, we run the risks of dealing with fire and smoke on our roadways — whether from controlled burns or other fire sources. Drivers need to beware of these risks and understand how to alter their driving in these conditions to help to reduce the risks of accidents.

Safety Tips for Driving in Low Visibility Conditions:

-Be sure that your headlights are on low. Putting on your high beams will only hinder your visibility even more.

-Slow it down. Travel below the speed limit if you have to.

-If you can’t see well enough to navigate safely, pull over to the side of the road. Make sure you’re as far from the road as you can go. Turn on your emergency flashers to help other motorists to see you there.

-Make sure you only turn on your hazard lights when you’re stopped on the side of the road. Do not drive down the road with them on.

-Report all hazards to local law enforcement agencies.

-Make sure you check out the weather conditions, the traffic conditions and the conditions of our roadways before venturing out.

-Allow extra distance between you and other vehicles when driving in low-visibility conditions.

-Be patient. We’re all in this together.

“Smoke from wildfires or prescribed burns can be unpredictable in changing weather conditions. Add fog into the mix and driving conditions may become worse. The Florida Forest Service along with FHP and FDOT are working together to educate drivers on what to do if they encounter smoke or fog on Florida’s roadways,” said Jim Karels, Director with Florida Forest Service.

Be patient out there. If you run into conditions that make it difficult for you to see — like heavy rain, smoke or fog — keep your cool. Don’t feel bad about pulling over to the side of the road. If that’s what’s going to help you to stay safe then do it. Taking these safety precautions is going to also help to keep the travelers around you safe, too!
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Florida Law Enforcement Targets Unsafe Drivers

November 15, 2012 | Associates and Bruce L. Scheiner

Don’t even think about cutting off a large truck. Not only could it land you a hefty fine, it could wind up costing you your life. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), close to 90 percent of accidents involving commercial trucks and passenger vehicles involve some sort of driver error.

To help to reduce these risks, officials with the Florida Highway Patrol (FHP) are launching a new safety campaign called “Ticketing Aggressive Cars and Trucks.”

Our Cape Coral accident attorneys understand that this time of the year can be stressful on our roadways. During the end of each year, we have holiday and snowbird traffic with which to deal. We can all get a little stressed behind the wheel during this time. We’re asking drives to keep their cool and to not let aggressive driving habits put you at risk. Be safe, be cautious and be polite out there. We’ve all got places to go. Let’s work to make sure that everyone gets to and from where they need to be safely!

During the “Ticketing Aggressive Cars and Trucks” campaign, officers throughout the state will be working to cut down on the number of accidents, injuries and fatalities that stem from accidents with commercial vehicles. Heightened enforcement efforts will be paired with awareness campaigns to help to spread the word!

Officers will be on the lookout for:

-Aggressive driving habits
-Tailgaters
-Speeders
-Unsafe lane changes.

“Safety on Florida’s roadways is a cooperative effort by cars and trucks alike. As an industry, safety is at the top of our minds — it matters above all else,” said Mary Lou Rajchel, President and CEO of the Florida Trucking Association.

In addition to increased enforcement, officers will be pushing this campaign by using billboard messages along some of our most popular roadways. The billboards warn drivers about the increased risks for accidents caused by dangerous driving behaviors.

The bottom line is that drivers of all kinds, including truckers and passenger-vehicle drivers, need to share the road with one another. Our safety relies on it. The drivers of passenger vehicles need to adjust their driving habits to accommodate these trucks. They don’t operate like our vehicles do.

When traveling near large trucks — keep your distance. Avoid cutting them off or following too closely. You want to stay out of their blind spots as well. These are areas surrounding the truck in which drivers cannot see you. Your best way to know if you’re in a blind spot is to look for the truck driver. If you’re not able to see him, he’s not able to see you. When passing a truck, you want to do so swiftly. Don’t linger alongside commercial vehicles.
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Fort Myers Traffic Accidents in Focus for Drowsy Driving Prevention Week

November 14, 2012 | Associates and Bruce L. Scheiner

On Florida roadways there were close to 3,000 car accidents that were caused by drowsy drivers in 2011. These accidents took the lives of more than 20 people and injured another 2,500, according to the Florida Department of Transportation (FDOT).

The problem is so bad that officials with the National Highway Traffic Safety Administration (NHTSA) calculate that there are roughly 100,000 of these accidents reported nationwide each year, resulting in nearly 2,000 fatalities, more than 70,000 injuries. at a cost of more than $12 billion. In all honesty, there are probably many more of these accidents that are never reported as drivers are hesitant to admit that they were sleepy at the time of a crash. There’s no test, like there are breathalyzers for drunk drivers, to point out a drowsy driver.

Our Fort Myers personal injury attorneys understand that about a third of all American drivers have admitted that they’ve fallen asleep at the wheel. According to a study conducted by the Sleep Foundation, more than half of all drivers say that they’ve driven while feeling drowsy. It’s probably happened to most of us — feeling sleepy behind the wheel. But the truth of the matter is that it’s alarmingly dangerous and you’re likely to get into a car accident when doing so.

This year’s Florida’s Drowsy Driving Prevention Week honors Ronshay Dugans. She was an 8-year-old girl from Tallahassee who lost her life when a drowsy driver slammed into the vehicle she was riding in.

Officials with FDOT have a message: “When you snooze behind the wheel, everyone around you loses.”

Who is most at risk for drowsy driving car accidents?

-Young drivers are most likely to get into these accidents — more specifically, males under the age of 26.

-Drivers who are considered shift workers or those who work long hours.

-Drivers who operate commercial trucks. Make time these drivers are forced to spend hours behind the wheel at a time. Close to 20 percent of all trucking accidents involve a fatigued driver.

-Drivers who may have untreated or undiagnosed sleep problems. They’re actually about 7 times more likely to fall asleep while driving.

-Those who travel on business and either spend a lot of time behind the wheel or those who may be jet lagged.

The best things that you can do to avoid these accidents include:

-Avoid medications that cause drowsiness.

-Avoid drinking alcohol.

-Get enough sleep before hitting the road.

-If you feel tired while driving, switch drivers or pull over and get some rest. Pushing through the sleepiness is one of the most dangerous moves you can make.

-Take someone with you on your long road trips. This way you can switch out the role as driver and keep everyone well-rested.

-Be sure to schedule in breaks during your road trips. Stop every 100 miles or every 2 hours to get out, stretch and wake up.
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Snowbirds and Increased Risks of Traffic Crashes in Southwest Florida

November 8, 2012 | Associates and Bruce L. Scheiner

According to a recent study from the University of Florida, Lee County has close to 100,000 temporary residents (known to many of us as snowbirds) during peak winter season.

The News-Press reports that’s good enough to give Lee County the largest population of winter residents in the state.

So there really is much more traffic on the road. The fact that many are elderly drivers, temporary residents and tourists, only serves to increase the risk for accidents.

Our Fort Myers car accident lawyers encourage you to stay safe as hundreds of thousands of tourist and seasonal motorists descend on South Florida in coming weeks.

According to the Florida Department of Transportation (FDOT), Florida is making a special effort to help keep older drivers out of accidents. It’s called the Florida Guide for Aging Drivers. It’s a free book that helps these elderly drivers to get around safely.

For elderly individuals, or those who are snowbirds, who aren’t required to undergo FDOT driver training or requirements, friends and loved ones must take the lead. Take a look at your loved one’s driving habits. Make sure they’re doing alright behind the wheel. Make sure they’re not endangering themselves or other travelers.

It’s nothing to be ashamed of. We all age and with age comes deteriorating senses and abilities behind the wheel. Know when it’s time to hang up your keys and start using alternative modes of transportation. This move can help you to live a longer and healthy life.

For the rest of us who live here year round, we have to adjust our driving habits when season rolls around. You always know the first sign of season — when the roadways get a little more crowded. We’re forced to deal with drivers who are not as familiar with the roads as we are and we oftentimes have to deal with drivers who travel a little slower than the rest of us.

Through the holidays, and until season is over, all drivers must keep safety a top priority. Pay more attention to the road. Keep calm behind the wheel. It’s no surprise that we all get a little more agitated behind the wheel when there’s more traffic. Keep it calm and remember that we’re all just trying to get around.

Remember that these individuals not only bring traffic with them, they are bring their money, too. This is the money they helps to keep our economy thriving. Be safe out there, be cautious and be courteous. We’ve all got places to go. Let’s work together to ensure that everyone gets there safely.
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