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Car Accidents are the leading cause of death for teens across the nation. These young drivers are most likely to exceed speed limits, to take their eyes off of the road and to text message behind the wheel.
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The truth of the matter is that texting while driving is a problem nationwide. According to NBC2, there are millions of accidents that happen every year that involve texting drivers. Still, texting while driving, or even talking on a cell phone while driving, is not illegal for any driver in the State of Florida. As a matter of fact, we are one of the only states left that has yet to enact these kinds of laws. To help to teach young drivers about the risks of text messaging while driving, a national push for the ban made a pit stop in Fort Myers. It’s AT&T’s campaign “Texting and Driving…It Can Wait” and it stopped by Fort Myers High School to spread the word.

Our Fort Myers car accident attorneys understand that a driver takes their eyes off of the road for an average of 5 seconds for each time they read/send a text message. If you’re flying down the road at 55 miles per hour, then you can travel the entire length of a football field without ever seeing the road. When this dangerous driving habit is coupled with a young driver’s inexperience behind the wheel — fatal accidents happen!

In addition to officials with AT&T, local law enforcement officers joined in the effort. Fort Myers High School is one of more than 10 schools that the campaign has visited so far.

“It’s important to try and build habits while they’re still fresh and say, permitted, as opposed to getting them when they’re hardened seasoned drivers,” said Deputy T.C. Tyus with the Lee County Sheriff’s Office (LCSO).

According to enforcement officers with the Sheriff’s Office, drivers can be written citations for careless driving if they’re involved in an accident and are determined to have been texting while the accident happened.

Just last spring, lawmakers in the state of Florida tried to push a ban on text messaging and driving. Unfortunately, the proposal never made it through the house transportation committee.

According to CBS News, more than half of senior students in high school say that they text message and e-mail behind the wheel.

The National Youth Risk Behavior Survey concluded that close to 60 percent of these students that that they’ve done it in the last month. More than 40 percent of junior students are saying the same thing.

According to government statistics, teens send and receive about 100 text messages each and every day. Many of these are sent in the car, too.

What’s most alarming is that teens understand that this driving behavior isn’t safe, but they continue to do it.
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Each and every year, a third of adults over the age of 64 suffer from a fall accident.

These falls vary in severity. Some can be as serious as head injuries and hip fractures! Falls can even increase the risk of an early death. These accidents are a public health problem and are often preventable, according to the Centers for Disease Control and Prevention (CDC).
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Our Cape Coral injury attorneys understand that although a third of elderly residents are expected to suffer a fall accident this year, only half of these victims will ever talk to their doctor about it. The truth of the matter is that these kinds of accidents are the number one cause of injury death for elderly residents. They are also the most common cause of injuries and hospital visits for trauma. There were close to 2.5 million fall injuries sustained by elderly residents in 2010. More than 660,000 fall victims had to be admitted into a hospital. These falls cost about $30 billion in direct medical costs alone!

Companies, business owners, landlords and members of homeowners associations (HOA) are required to make sure that their premises are kept safe for older adults. Many companies actually cater to the seniors who call South Florida home — keeping their property free from fall hazards doesn’t happen by accident.

Who is most at risk for a fall-related injury?

-Residents who are over the age of 74 are nearly 5 times more likely than younger seniors to be enrolled into a long-term care center following a fall accident.

-Rates of fractures resulting from fall accidents are higher for senior women than they are for men.

-More than 95 percent of hip fractures are suffered because of fall accidents. There were more than 270,000 hip fractures in 2009.

-White women are much more likely that black women to sustain a hip fracture.

There are ways that you can decrease your risks for a fall accident. Some people believe that falls are a normal part of aging, and as such are not preventable. Lack of knowledge leads to lack of preventive action, resulting in falls.

You should exercise on a regular basis. Exercising helps you to build up your leg strength and improve your balance and reactions. You should also go over your medications with your doctor or medical professional. You want to make sure that none of them are causing any side effects like drowsiness or dizziness. It’s a good idea to get your eyes checked too, at least once a year! Seeing helps your walking and decreases your risks for a fall accident. Lastly, you want to make sure that your home is safe. You should eliminate trip and fall hazards, add railing to stairways and improve the lighting in your home, too!
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Your teen is watching your ever move behind the wheel.

They’re looking, they’re learning and they’re mimicking and perhaps even mocking your behavior. Make sure you set the best and safest example.

Unfortunately, recent studies conclude that parents are too often missing the mark. A recent survey from officials with Students Against Destructive Decisions (SADD) and Liberty Mutual Insurance conclude that teens report that their parents display some pretty dangerous driving habits. According to Claims Journal, these are the same habits being adopted by teen drivers.
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The survey concluded that about two-thirds of teens feel that their parents are following a completely different set of driving rules. Researchers talked with 1,700 teen drivers and got their input on their parents speeding, impaired driving and seat belt usage. The findings weren’t promising. Our Naples car accident lawyers understand that these findings have a lot to say about our teens’ driving habits — as well as our own. This is probably why car accidents continue to be the leading cause of death for teens across the country — parents can and should do more.

Teens Watch Their Parents:

-Drive while talking on a cell phone.

-Drive while text messaging.

-Exceeding the speed limit.

-Driving under the influence of alcohol.

-Driving while high on marijuana.

-Not wearing a seat belt during every car ride.

While parents are engaging in these dangerous driving behaviors, they’re expecting their teenagers not to do the same. It’s the “do as I say, not as I do” complex, meaning kids have to follow the rules, but parents are exempt.

“The best teacher for a teen driver is a good parental role model,” said Stephen Wallace, with SADD.

It’s important for parents to make sure that they have an ongoing dialogue with their teens about safe driving. This dialogue should be paired with a safe example of the driving habits you expect them to display. Your teen should understand that everyone has to follow the safe driving rules!

The study also went on to determine that teens mirror their parents’ poor driving habits in nearly equal amounts. Of the 1,700 who were surveyed:

-About 90 percent were talking on a cell phone while driving on a regular basis.

-Approximately 95 percent of teens were speeding on occasion.

-Roughly 80 percent were text messaging behind the wheel.

-About 20 percent were driving under the influence of marijuana.

-About 20 percent were driving under the influence of alcohol.

-A third were driving without buckling up.

Parents are asked to be on their very best behavior when driving in the presence of their newly-licensed teen. Consider enacting a parent-teen driving contract, but whatever you do make sure that everyone is held accountable for following these driving rules. Lead by example and help to keep our teens safe on our roadways! By teaching them safe and responsible driving habits early on, we can help to ensure that they practice these safe habits for a lifetime. It may be one of the most beneficial things you ever teach your child.
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Florida is a retirement haven. And many of these elderly residents share the road. In many cases, safety advocates worry that the side effects of medication could be impacting the driving skills of older loved ones — and they may not even know it.

According to Consumer Affairs, about 80 percent of drivers who are over the age of 64 are taking medications each and every day. A lot of these medications can significantly alter your ability to drive. To make matters worse, about half of these elderly drivers are on five or more medications!
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This problem is only expected to grow, too. There are roughly 10,000 people who are blowing out the candles on their 65th birthday cake each and every day. With the Baby Boomer population aging, officials predict that one out of every six Americans will be over the age of 65 in 2020. Most will be holding on to their driver’s license longer than previous generations.

That’s why officials with the AAA Foundation for Traffic Safety have created the “Roadwise Rx” program. This is an online program that’s going to help you to get an inside look into how your medications are affecting your driving habits.

Our Fort Myers car accident attorneys understand the difficulties that accompany aging. It’s inevitable that our senses are going to deteriorate with time and our ability to drive safely will be compromised. It only gets worse when you factor in the side effects of medications, prescriptions and other over-the-counter medicines. It’s important that you talk with a medical professional to see just how these meds are affecting you.

Before going to talk with your doctor, you can enter all of your medications into the Roadwise Rx program and you can get a personalized and detailed readout of possible side effects. After that, you’re urged to bring this information into a medical professional to discuss the risks. This program is not a substitute for talking with your doctor!

“With seniors often visiting primary and specialty doctors regarding their different health care needs, it is important for each provider to know all medications being consumed,” said Beth Mosher, director of public affairs for AAA.

There are even some kinds of medications, like antidepressants, that can increase your risk for an accident by more than 40 percent. Even over-the-counter cold medicines can give you the same risks as a driver who is legally drunk!

Remember, Florida’s population is one of the oldest in the country. In 2010, the median population in the state was just under 41-years-old. That’s 10 years older than the median age just 20 years earlier. And it’s only expected to get older.

Take a step back and look at the medications you’re currently taking and at the medications that your elderly loved ones are taking. We urge everyone to take this information into a medical professional to make sure that your road safety is not jeopardized as a result.
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It’s always important to contact an experienced personal injury lawyer in Fort Myers following a serious or fatal accident. But changes to the state’s Personal Injury Protection law that take effect with the new year will make what you do in the first 14 days following a car accident even more important.

After years of grousing about staged accidents and insurance fraud (and powerful lobbyists spreading plenty of money around Tallahassee) the insurance industry finally pushed through a series of changes to Florida’s PIP law. 230578_hospital_6.jpg

Under Florida law, Personal Injury Protection (PIP), or No Fault Insurance, covers you, regardless of fault. All owners of motor vehicles are required to carry a minimum of $10,000 (PIP) and $10,000 property damage.

That first $10,000 in coverage ensures you will have medical coverage in the immediate aftermath of an accident — regardless of who is at fault in the accident. Typically, the at-fault driver’s bodily injury liability coverage pays for serious or permanent injury resulting from the accident, or survivor’s benefits to the family in the event of wrongful death.

But that $10,000 (PIP) coverage is a given. You get into an accident, that coverage is very likely coming out of insurance coffers in the immediate aftermath. Naturally, the insurance lobby has long been interested in limiting how such coverage can be spent.

In reality, coverage minimums have been in place for decades and are far too low. The ambulance ride to the hospital can cost you $10,000. But instead insurers successfully forced through a series of limitations.

Beginning Jan. 1, accident victims have just 14 days to seek initial treatment and that first visit will carry more weight. Only those diagnosed with an “emergency medical condition” will be eligible for the benefits. Those with “less severe” injuries will only be eligible for up to $2,500. And many common soft-tissue injuries, including swelling and bruising, are not expected to be considered emergencies. Acupuncturists, massage therapists and some other medical therapists are now barred from treating patients under PIP.

While the law also tries to limit litigation, the likely outcome is that more of these cases will end up in court. Paul Jess, the general counsel for the Florida Justice Association representing trial lawyers, said determining whether a patient is eligible for emergency medical benefits ($10,000 or $2,500) will push more cases into court. Just as PIP “fixes” in 2007, which attempted to tie billing rates to the Medicare fee schedule, resulted in a drastic increase in legal actions over billing disputes.

“That’s a pretty big disparity, so you can bet that there will be litigation over what is and is not an EMC,” Jess told the Tampa Bay Times.

The measure (HB 119) does require insurers to lower PIP premiums 25 percent by 2014. However, they can petition the state for an exemption from that requirement. Anyone counting the days until these companies are back before lawmakers explaining why they can’t lower consumer rates?
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The American Academy of Pediatrics has again issued a warning to parents against the use of backyard trampolines.

Florida defective product attorneys have long understood the risks of these dangerous devices — despite their marketing as entertainment for children. The nation’s largest organization of pediatric physicians has been recommending against the use of home trampolines since 1999. 1314902_medical_doctor.jpg

In 2009, nearly 100,000 trampoline injuries were reported in the United States — including more than 3,100 cases in which victims were hospitalized. Common injuries include sprains, strains and bruising. But what is most alarming is the risk of very serious or fatal injuries, including neck, back and spinal cord injuries and traumatic brain injury.

“Pediatricians need to actively discourage recreational trampoline use,” said Dr. Michele LaBotz, co-author of the updated report. “Families need to know that many injuries occur on the mat itself, and current data do not appear to demonstrate that netting or padding significantly decrease the risk of injury.”

Statistics show children are most at risk and the younger the child the greater the risk. Children under the age of 5 suffer nearly half of all trampoline injuries. About one-third of all injuries result from falls, which can be very serious. However, many injuries are the result of multiple users jumping on the mat at the same time — and often colliding.

Nor do safety advocates believe netting and other “safety” improvements made in recent years offer adequate protection. In fact, they report such features do little more than lull parents into a false sense of security. Homeowners should also check their insurance policies to see if trampoline-related claims are covered.

Autumn typically brings an increased risk of defective product injury, as we bring back-to-school items and holiday gifts into the home. Unfortunately, large numbers of these defective products are marketed for use by children. Each year, the Consumer Products Safety Commission recalls more than 100 child products, including clothing, toys, cribs, highchairs and car seats.

Checking for recalls when you change your calendar each month can be an excellent way to help ensure dangerous products are kept out of your home. You can also sign up to receive recall information by e-mail.

Other nationwide recalls issued this month:


Window Blinds by Blind Xpress:
About 500,000 blinds are being recalled after a child strangled in the pull cord, which was not attached to the wall or floor. Pull cords that attach to the wall or floor help prevent child strangulation. These blinds were sold at various retailers from 1995 to December 2011.

Summer Infant Baby Bathers: More than 2 million were recalled Aug. 29. Authorities report the wire frame can disengage, dropping the baby out of the bather. The defect creates a serious risk of fall accidents and head injuries for infants. There have been five reported cases of infants suffering head injuries after a Bather failure. Consumers should stop using the bathers immediately and contact the company for a repair kit and instructions.
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We hope you are enjoying the weather as Southwest Florida turns toward autumn and rainy season comes to a close.

October and April seem to be prime time in Southwest Florida. Light traffic and great weather. Recently, we’ve touched on drunk driving, motorcycle safety and back to school safety. Three areas of fall safety focus where we can all make a difference. 1369457_ocean_wave.jpg

Unfortunately, our injury attorneys in Cape Coral noted this week a new report out by the National Safety Council, which estimates more motorists will die on the road this year than last.

Through July, 20,880 motorists have been killed in accident — up 8 percent from 2011 and 7 percent compared to 2010. The estimated cost of death, injury and property damage — including lost wages and medical expenses — was $152 billion through the first 7 months of the year.

In Florida, 1,241 motorists were killed in accidents through July — 26 more than last year.

Businesses in Southwest Florida are primed and hopeful that it’s going to be a banner season. Everyone is optimistic as we come out of this long economic downturn. However, the last three months of the year are typically the most dangerous on the nation’s roads. Nowhere is that truer than in South Florida, as tourists and snowbirds migrate south to escape the cold winter weather.

As we head into season, the Florida Department of Highway Safety and Motor Vehicles is once again urging Florida residents to register emergency contact information.

About a third of the state’s 16.7 million licensed drivers have registered their emergency contact information with the state. The database is only available to law enforcement in the event of an emergency. Florida became the first state in the nation with such a program when it launched in 2006.

“Registering your emergency contact information for our law enforcement agencies across the state helps ensure that our loved ones can be informed as soon as possible,” said Florida’s Chief Financial Officer Jeff Atwater.

Julie Jones, executive director of the FDHSMV, noted law enforcement agencies respond to more than 200,000 traffic crashes in Florida each year.

Three driving behaviors account for the majority of traffic accidents in Southwest Florida.

Speeding: Is involved in one-third of fatal accidents nationwide. This may include driving faster than the speed limit or driving too fast for conditions. Not only does speed reduce the time you have to react, it exponentially increases the force of impact in the event of a traffic accident.

Drunk Driving: In 2010, drivers under the influence of alcohol were involved in 751 of the state’s 2,445 fatal accidents — or 31 percent, according to the National Highway Traffic Safety Administration.

Distracted Driving: We spend a lot of time talking about the use of electronics behind the wheel. But distraction can take many other forms — particularly in Southwest Florida where the tourists themselves can become a distraction. Keep your focus on the task of driving and your eyes on the road.
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Riders up north are getting a few last rides in before putting the motorcycles away for the winter months. But here in Florida, motorcyclists are gearing up for the beginning of a long riding season.

The motorcycle accident attorneys at Associates and Bruce L. Scheiner, Attorneys for the Injured, have spent more than 40 years fighting for the rights of motorcycle riders and their families. For nearly a decade, we’ve sponsored Cape Coral Bike Night. This year, we are once again the headline sponsor of Southwest Florida’s largest family friendly motorcycle event.
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“These are great events where tens of thousands of residents find food and fun for the whole family,” said Founding Attorney Bruce L. Scheiner. “Promoting motorcycle safety and awareness is a critical step in reducing the number of these tragic accidents through the winter riding season.”

This year’s Bike Nights will occur Oct. 6, Dec. 8, Feb. 9, and April 13 on 47th Terrace in Cape Coral from 5 p.m. to 10 p.m.

Florida continues to be among the deadliest states in the nation for motorcycle accidents, according to the National Highway Traffic Safety Administration. In 2010, a total of 365 riders lost their lives in Florida motorcycle accidents. Only Texas recorded more deaths with 383. Nationwide, nearly 5,000 riders are killed each year and nearly 100,000 are seriously injured.

Make no mistake about it – most motorcycle accidents involving another vehicle are the fault of the vehicle driver. The most common cause is failure to yield when making a left hand turn into the path of an oncoming rider.

Unfortunately, there is not much a rider can do about other drivers. Fortunately, there are things every rider can do to help stay safe on the road. Organizations like the Florida Safety Council offer basic rider safety courses, which are required for new riders seeking a motorcycle license through the Florida Department of Highway Safety and Motor Vehicles. Fort Myers Harley Davidson also offers rider training.

Other rider safety tips:

-Consider taking an intermediate or advanced ridership course. These investments in safety training pay big dividends.

-Keep your motorcycle properly maintained. Up north, that typically means a trip to the service station at the start of spring riding season. Don’t let Florida’s year-around riding weather put proper motorcycle maintenance on the back burner. Get your bike serviced and keep it in good riding condition.

-Pay particular attention to tire wear and tire pressure.

-Make sure motorists understand your intentions. Try to make eye contact with a driver before proceeding.

-When in doubt, wait. While riders have the same rights to the road as the driver of a passenger vehicle, they unfortunately are not afforded the same protection in the event of an accident. This typically means the driver of a car walks away, while a motorcycle rider, at best, makes a trip to the hospital with serious injuries. A driver’s failure to yield is the leading cause of motorcycle accidents involving other vehicles. Expecting it can help keep you safe.

-Watch your speed. An increase in speed increases the likelihood of serious or fatal injuries in the event of an accident. Motorists already have trouble judging a rider’s distance because of a motorcycle’s small size. Don’t exacerbate the issue by speeding.

-Wear proper protective equipment. Eye protection, long pants and sensible footwear are essential gear for the serious rider. Florida law does not require adult riders to wear a helmet. While doing so is personal preference, having a helmet on can significantly reduce the risks of head injuries in the event of an accident.

-Buy motorcycle insurance with the highest policy limits you can afford. Typically, such insurance will cost $100 a month or less. Frequently, a rider can significantly increase policy limits for a modest increase in premiums. Having this insurance will bring peace of mind to you and your family in the event of an accident.

Stay safe and Ride!
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At Associates & Bruce L. Scheiner, Attorneys for the Injured, cheering on the Miami Hurricanes is not exactly mandatory — but doing so is highly encouraged since it’s the alma mater of both Bruce and Preston Scheiner.

However, Personal Injury Attorney Dan Dalesandro received his undergraduate degree at the University of Florida and his law degree from Florida State University. Come the weekend, it’s anyone’s guess whether he’s tuned to the Gators or the Seminoles. 451055_football_american_texture.jpg

The beginning of fall in Southwest Florida means a number of things: It means motorcyclists are gearing up for the fall and winter riding season, it means snowbirds and tourists will soon be hitting the roads in force, it means school buses and children on the streets in the early morning and mid-afternoon and it means many of us are gathering with friends and family on the weekend to watch college or NFL football.

This confluence of circumstances each autumn increases our risks of being involved in a serious or fatal traffic accident in Lehigh Acres, Fort Myers, Cape Coral or elsewhere in Southwest Florida. Drinking and driving never mix – so don’t exacerbate your risks by cheering on your favorite team with too much of your favorite beverage before the ride home.

In fact, we encourage you and your family to make a promise not to drive after drinking any amount of alcohol this fall and through the upcoming trio of year-end holidays. It’s a pledge that could just save your life or the life of someone you love. Associates and Bruce L. Scheiner continues to support the local chapter of Mothers Against Drunk Driving and the efforts of local law enforcement, including the Lee County Sheriff’s Office, and the police departments in Fort Myers and Cape Coral. We will also once again be the headline sponsor of Cape Coral’s Bike Nights, the largest family-friendly motorcycle event in Southwest Florida.

Together, we really can make a difference.

For the third year in a row, Mothers Against Drunk Driving is joining with officials from the National Football League to encourage fans the tailgate responsibly and not drink and drive. MADD’s Power of You(th) Facebook page also encourages teens to pledge to not drink until age 21 and to never ride in a car with someone who’s been drinking.

To be sure, fans attending the game are at increased risk. And Florida is among the states with the most college and professional football teams. At times in the fall, it seems as though everyone is going to a game. A study by the University of Colorado, which looked at arrest records on game days in 26 college towns, found a 13 percent increase in drunk driving arrests and a 76 percent increase in alcohol violations. An upset win or loss at home proved most dangerous.

But you certainly don’t have to attend the game in person to be at increased risk. Those hosting private football parties can also do their part to keep friends and loved ones from drinking and driving.

-Provide plenty of non-alcoholic beverages.

-Have plenty of food, particularly non-salty foods (salty food promote drinking).

-Keep the name and number to a taxi service handy.

-Stop serving alcohol before the end of the game.

-Be prepared for overnight guests.

-Make sure everyone has a sober ride home.
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For close to 10 years, Collier County residents have fought for a safe place to ride their all-terrain vehicles (ATV). Now, officials have set aside $3 million for an ATV park in the area and plans are finally moving forward. According to ABC 7, there’s an advisory committee, consisting of 5 people who are working to make this a reality.
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“There’s really no place safe to do it here in Collier County,” said Felix Garcia, member of the ATV committee.

ATV accidentsin Collier and Lee County can happen for many reasons. Whether riding on the road (which is often illegal) or riding through farm fields and orchards, understanding the risks and taking the proper safety precautions is critical to avoiding injury.

An 11-year-old girl was killed back in May after an ATV accident in Golden Gates Estates. Just a few weeks before that, two young riders were injured when their ATV was hit by a motor vehicle. Unfortunately, these riders don’t have many places to go, and they’re at serious risks because of it.

Garcia says that they’re forced to ride on the road near vehicular traffic because they don’t have a safe place to go. Off-roading is a fun an exciting sport, but it can be dangerous when there are no facilities for this activity. Commissioners in Collier County agree. Commissioner Jim Coletta says that Collier County needs a safe place for these riders. Advocates contend there are safe places to boat, safe places to play sports and there’s should also be a safe place for ATVs.

Right now, county commissioners are working diligently to find the land for these riders. There have already been a number of possible areas scoped out in Immokalee, Golden Gate Estates, Hendry County and even near the East Trail. Still, there is nothing set in stone.

Now, commissioners will have to talk with the owners of these potential properties and see if they can work out a deal. Even after the land is secure, it will take years to get the land permitted, designed and constructed.

State ATV Laws:

-All ATVs that are being operated on public land are required to be titled. No state registration is required.

-Riders who are under the age of 16-years-old are required to wear a helmet as well as eye protection at all times.

-The use of ATVs are prohibited on paved roads.

-To ride unsupervised in Florida, operators must be 16-years-old. Riders under 16 must have a safety certificate.

In the state of Florida, there were nearly 500 people who died in ATV accidents from 1982 through 2010, according to ATVSafety.gov. From 1982 to 2006, there were more than 100 kids under the age of 16-years-old who were killed in ATV accidents.

Injuries as a result of four-wheeler or ATV accidents can be quite serious, and may include broken bones, traumatic brain injuries and spinal cord injuries. With a track or not, riders are always urged to keep safety as a number one priority. Make sure that you always wear the appropriate protective gear, that you’re abiding by all state laws and that you ride responsibly and defensively.
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