Florida Injury Lawyer Blog

Southwest Florida School Bus Safety – Kids, Parents & Drivers

September 9, 2012 | Associates and Bruce L. Scheiner

It’s that time of year again: Those big yellow school buses are once again a part of our morning commute.

Our Fort Myers injury attorneys urge parents to talk with their children about the risks, and motorists to practice the patience critical to avoiding a bus or pedestrian accident.

The National Highway Traffic Safety Administration reports nearly three-quarters of school bus accident victims are pedestrians who are hit by the bus or other vehicle being used for student transportation. More than half of all victims are between the ages of 5 and 7.

In Lee County, 48,000 students a day get to and from school on some 700 local school buses. Early local start times are another local risk factor as Lee County has some of the earliest start times in the state. According to a recent article in The News-Press, some parents have also voiced concerns about the safety of some local bus stops.

The truth of the matter is that pedestrian accidents are a real threat as students walk to and from their bus stop. Motorists are encouraged to use extra caution when traveling through residential neighborhoods in the early-morning or mid-afternoon. The U.S. Department of Transportation reports nearly half of all school-transportation accidents happen between 7-8 a.m. or 3-4 p.m.

NBC-2 reports local officials will recognize National School Bus Safety Week next month. In the meantime, drivers and student alike must do their part to help ensure the safety of our school buses and bus stops.

Driver Safety:

-Slow down near schools or in residential areas. Be mindful of speed limits in school zones.

-Stop for school buses loading or unloading children. By law, a motorist must stop for a school bus displaying red flashing lights.

-Leave for your destination with plenty of time to avoid rushing.

-Drive with your headlights on — even during the day. It makes it easier for drivers and children to see you.

Child School Bus Safety

-Remain seated while bus is in motion.

-Keep head and arms inside at all times.

-Avoid horseplay.

-Cross streets at a crosswalk.

-Choose a safe route to and from bus stop.

-Look left, right and then left before crossing the street.

-Make eye contact with bus driver before crossing street. Get permission of bus driver before boarding.

-Never attempt to retrieve something that has fallen beneath the bus.
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Safe Drivers in Southwest Florida Not Just a Phone Call Away

September 8, 2012 | Associates and Bruce L. Scheiner

You may just be a bad driver — with or without a cell phone.

Our Fort Myers personal injury lawyers understand how common it is for traffic accidents to involve at least one driver who is distracted. Recently we wrote about a pledge against distracted driving and, of course, Florida’s failure to pass a distracted driving law is well documented.

Now, however, we report a study to which veteran injury attorneys would likely give credence: If you are a driver who routinely uses a cell phone behind the wheel, you might be just as bad of a driver without it. Science Magazine reports in this month’s issue that you can take the risk away from the driver but you might not be able to take the driver away from the risk.

The study looked at the driving habits of 108 Boston commuters using on-board sensors and data collectors during 40-minute test drives on I-93 north of the city. No cell phones were allowed on the trip but drivers were divided into two groups: Those who reported using a cell phone frequently behind the wheel and those who did so rarely. Drivers were also questions about speeding, passing other cars, running traffic lights and their history of traffic infractions.

When compared to those who avoided using a phone behind the wheel, the cell-phone drivers drove faster, changed lanes more frequently, spent more time cruising in the left lane and were more likely to brake or accelerate abruptly or excessively.

“It’s clear that cell phones in and of themselves impair the ability to manage the demands of driving,” said Bryan Reimer, an engineer at Massachusetts Institute of Technology (MIT) in Cambridge and one of the study’s leaders. “(But) the fundamental problem may be the behavior of the individuals willing to pick up the technology.”

In other words, those who are not responsible enough to avoid distractions behind the wheel were also more likely to engage in other dangerous driving behavior. Researchers believe the findings may be one reason why motor vehicle fatalities reached historic lows during the economic downturn, despite the exploding popularity of the smartphone.

It may also be why laws against cell phone use by drivers may not be as successful as hoped when it comes to reducing accident risks.

The AAA Foundation noted it has seen similar results in its traffic safety culture index. Drivers routinely point to distracted driving and other dangerous driving behaviors as a significant threat to road safety, even as they admit to engaging in some of those same behaviors themselves.

The takeaway here is that you need to accept responsibility for your behavior behind the wheel and do your part to make the roads safer for everyone as we prepare for the winter tourism season.
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Drowning Risks Highlighted this Fall in Southwest Florida

September 7, 2012 | Associates and Bruce L. Scheiner

The Lee County Injury Prevention Coalition is urging Southwest Florida residents to stay safe in the water as we head into the fall and winter tourism seasons.

Our Cape Coral injury attorneys wrote recently about the risks of swimming pool accidents. But boaters, too, are at risk and beachgoers may be lulled into a false sense of security by the calm, shallow waters of the Gulf Coast.

And the risks don’t diminish with the passing of Labor Day. While they may be putting away the life vests and water wings in the Midwest, the threat in South Florida is year around. In fact, as the tourism season gets underway and snow birds return to the Sunshine State, we will likely see an increasing number of serious and fatal accidents on the water.

Health and safety experts say we are seeing an increasing number of drowning and near-drowning accidents in Southwest Florida. Already, three young lives have been lost and 17 near-drownings have been reported. The consequences of a near-drowning can be very serious and may include brain damage or other permanent impairment.

Last year, the Children’s Hospital of Southwest Florida reported 33 near drownings and one death. While adults are obviously at risk too, a disproportionate number of these cases involve children. In fact, the Centers for Disease Control and Prevention reports drowning is the leading cause of death for children under the age of 5.

These deaths are almost always preventable.

“Just one child dying or suffering lifelong impairment from drowning is one too many,” Dr. Alex Daneshmand, a critical care pediatrician with The Children’s Hospital of Southwest Florida. “Summer is the time of year when the number of drownings escalates as everyone hits the water to escape the heat and children are out of school. Considering drownings are 100% preventable, we have to step up our efforts to protect our children.”

The Lee County Injury Prevention Coalition is comprised of more than 100 private and personal organizations focused on reducing injury to the area’s visitors and residents. Members include health and safety agencies, educators, fire and rescue agencies, law enforcement, schools and hospitals.

“In the state of Florida, we lose the equivalent of three classrooms of preschoolers to drowning each year,” said Michele King, Director of the Child Advocacy Program at The Children’s Hospital. “We must keep our children safe with layers of protection and constant adult supervision when they are in or near water.”

The Children’s Hospital of Southwest Florida and The Kohl’s Center for Safety and Safe Kids Lee/Collier Coalition offer the following safety tips.

-Never leave a child unattended near a swimming pool.

-Make sure your pool or spa is equipped with anti-entrapment drain covers and safety release systems.

-Don’t leave toys or other temptations near a pool.

-Learn water rescue skills, including CPR.

-Make sure your pool or spa is protected with the appropriate door alarms, locks and enclosures.

-Keep a phone near the swimming pool.

-Teach children to swim and enroll them in swimming safety courses whenever possible.
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Taking the Pledge to Halt the Texts Behind the Wheel

August 26, 2012 | Associates and Bruce L. Scheiner

They used to call them car phones. What a difference a generation makes.

Randall Stephenson, the CEO of AT&T, is working to get drivers to put down the cell phone when they’re behind the wheel. It’s all a part of the “It Can Wait” campaign, which aims to stress that no text message is worth a human life. The campaign first kicked off back in 2009. Although it’s targeted toward teenage drivers, no one should text behind the wheel. You’re actually 23 times more likely to get into a serious accident when you’re text messaging.

Because of these risks, AT&T is asking drivers across the nation to participate in “No Text on Board — Pledge Day.” This is a day, September 9th, that drivers are asked to take the pledge to keep their cell phone out of the driver’s seat. You’re urged to take the pledge on September 9th or any day before, according to CNN.

Our Cape Coral car accident lawyers understand how popular texting has become. For many, it’s now their most used form of communication. Unfortunately, some people are texting everywhere, even behind the wheel when their attention should be on the road. Texting has become such a problem that texting while driving has increased by about 50 percent in just one year (2010). In 2009, only about 20 percent of drivers admitted to texting while driving. Nearly 45 percent of teen drivers admit to texting behind the wheel.

AT&T isn’t the only company that’s getting in on the action. Some of its toughest competitors, including both Verizon and Sprint, have launched their own anti-texting behind the wheel campaigns. Stephenson says this isn’t a competition and their help is welcomed. He ads that he encourages companies to take a stand against dangerous driving habits.

“This is a dead-serious issue and I don’t mean that as a pun,” said Stephenson.

In 2010, there were more than 3,090 people killed in distracted driving car accidents. Nearly 420,000 additional people were injured in these same incidents. And these are only the accidents that were reported. Many officials believe that this number is actually much higher because many drivers aren’t ready to admit to an officer that they were in fact distracted by a cell phone or a text messaging device when the accident happened.

More than 10 percent of drivers under the age of 20 who were involved in fatal accidents in 2010 were reportedly distracted at the time of the accident. They account for the group with the largest proportion of drivers who were distracted in an accident.

Did you know that sending or receiving a text message requires a driver to take their eyes off of the road for an average of 4.6 seconds. When a driver is going 55 mph, that means that can drive the entire length of a football field and never even see the road, according to Distraction.gov.

You’re urged to take the pledge and to not only protect yourself on the road, but to help to make it safer for everyone else, too!
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Kids & Hot Cars and Your Risk for Injury in Southwest Florida

August 25, 2012 | Associates and Bruce L. Scheiner

Safe Kids Worldwide and the National Highway Traffic Safety Administration (NHTSA) recently joined forces to help to keep kids out of hot cars.

The campaign, “Where’s baby? Look before you lock.,” focuses on raising awareness in parents, guardians and childcare providers about the risks associated with leaving kids in the car, no matter how “short” of a time it may be. Heatstroke is the number one cause of non-collision, vehicle-related fatalities for kids under the age of 14-years-old.

In just 2011, there were nearly 35 of these accident fatalities reported across the U.S.
Texas and Florida are the most dangerous states.

“Parents and caregivers are the first line of defense against heatstroke deaths and injuries, but everyone in the community has a role to play in keeping our children safe,” said USDOT Secretary Ray LaHood.

Our Naples child injury attorneys understand that many of these fatalities are actually accidents. Far too often, parents, guardians and caregivers exit their vehicle and just forget about the kid in the back seat. You might be thinking that this is one of the worst things you’ve ever heard, but the truth of the matter is that is happens to the most loving and caring adults. Campaigns like this one are extremely important in preserving the safety of our helpless passengers. This is especially important in warmer areas of the country, like the state of Florida. It only takes temps in the 80s for a car to reach deadly temps. Our young passengers are the most at risk too, as their bodies cannot handle temps like our adult bodies.

Since 1998, there have been at least 530 children killed in these kinds of accidents, from vehicular heatstroke. A majority of these accidents happened to kids who were under the age of 4.

While we know that more than 30 kids were killed in these accidents in 2010, there’s no way of telling how many were seriously injured as many incidents are never reported. Some of the injuries that can be sustained from being left in a hot vehicle include a loss of hearing, blindness and permanent brain injury.

These accidents can also happen after a child gets into a vehicle without the parent or guardian’s knowledge. For this reason, it’s important to teach children that cars are not play areas. These accidents are also a common result of when a driver who doesn’t usually transport children forgets to check the car before exiting. Many times, these children are infants who are sleeping in the back seat in a rear-facing car seat.

Safety Tips to Prevent These Accidents:

-Never leave your child in the car. You shouldn’t even do this if you’re only “running” in. Windows down and the air conditioner on are ineffective, too. Don’t even try it.

-Create the habit of looking in the back seat before you get out of the car, lock up and walk away.

-Inform your childcare provider or daycare center to get in touch with you in your child doesn’t show up as they’re expected.

-Keep something important in the back seat so you’re forced to look back before exiting.

-Teach kids that a vehicle is not a play area and keep your car keys out of a child’s reach.
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Red Light Runners in Lee County a Target in August

August 24, 2012 | Associates and Bruce L. Scheiner

Green means go and red means stop.

Most school-aged children know this, yet far too many drivers seem to “forget.” The truth of the matter is that you put yourself at serious risk for a severe car accident when you blow through a red light. Or one that’s yellow or about to turn red. Anything but solid green should be your warning.

To help to get drivers to stop on red, officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are pushing enforcement this August. Troopers and officers from around the state will be on the lookout for drivers who aren’t stopping at red lights and who are putting other innocent drivers, pedestrians and bicyclists at risk for a potentially fatal accident.

“Troopers will take the appropriate enforcement action on those drivers who place themselves and others in danger by running red lights,” said Col. David Brierton, Florida Highway Patrol (FHP) Director.

Our Fort Myers car accident attorneys understand that intersection accidents often result in serious or fatal injuries. We might not be currently dealing with the rush of snowbird traffic, but it’s no time to take our focus off safety. Remember that road laws and traffic devices weren’t created to be a nuisance or an inconvenience to you. They’re there to help to make your trip a little safer.

To help to get you in the right mindset, FHP officers offer your these simple red-light safety tips:

-Remember that intersections are some of the most dangerous areas on our roadways. Approach with caution regardless of what color your traffic light.

-Look at your surroundings before passing through a green light. Be on the lookout for red-light runners.

-Never speed through a yellow light. Not only are you running the risk of a traffic citation, but you’re also increasing your risks for an accident.

-Remember the risks of running a red light, including a traffic ticket, a serious accident, increased insurance rates, irreversible consequences, hospital bills, etc.

-Make the pledge today that you’ll always be ready to stop at an intersection, whether it is for a red light, another vehicle or even a crossing pedestrian or bicyclist.

-Obey the posted speed limits so that you can stop for potential dangers at an intersection.

We’re not asking you to slam on your brakes if the light turns yellow. Many car accidents at intersections are in fact rear-end accidents for this very reason. Travel at a reasonable speed and avoid sudden maneuvers. Make your actions behind the wheel as predictable as possible for other motorists.

Use the month of August to stay more in tune with traffic lights. The Federal Highway Administration uses this month not only to push motorists to obey traffic-control devices.
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States Amp Up Distracted Driving Laws, Florida Still Lagging Behind

August 13, 2012 | Associates and Bruce L. Scheiner

Safe driving advocates continue to yank on the coat tails of state lawmakers, asking them to beef up distracted driving laws. Some state lawmakers are listening and are looking into creating steeper fines and tougher penalties for those who are busted driving while engaging in certain distractions.

Lawmakers in the state of Florida aren’t listening — we are one of the few states left with no distracted driving laws on the books. According to the Insurance Institute for Highway Safety (IIHS), all drivers in the state of Florida are allowed to make phone calls and text message at the wheel whenever they please. Even teenage drivers and school bus drivers have no rules governing distraction. Ohio, one of the last holdouts, just passed a law.

Our Naples car accident lawyers understand that distracted driving accidents are completely preventable. We may not have distracted driving laws in Florida, but we’re asking drivers to put down the cell phone and the text messaging device while in the driver’s seat to make our roadways safer for everyone. Not only are you jeopardizing your own safety by taking that phone call while driving, but you’re jeopardizing the safety of everyone around you, too.

There are some who are against raising the penalties for being busted driving while engaging in distractions. Gary Biller of the National Motorists Association is one of them. He says that more expensive fines aren’t going to do the trick. He says that transportation officials and other safe driving advocates need to concentrate on changing drivers’ attitudes.

“It’s more productive to treat distracted driving as a driver education problem,” says Biller.

California has already increased their fines. Now drivers face a $30 fine for a first time offense and then $60 fine for a subsequent offense.

Connecticut has gone from a $100 fine to a $125 fine for a first-time offense, from $150 to $250 for a second-time offense and from $200 to $400 for the third-time offense and on.

New Jersey is in the process of sponsoring a measure to get their fines increased for distracted driving, according to USA TODAY. Eight states, including New York and California, ban all hand-held cell phone use by drivers. Most others have passed bans on text messaging.

Regardless of laws, fines and penalties, drivers are asked to keep safety a top priority. There’s no phone call or text message that should be worth the risk of injuring someone or killed yourself or an innocent motorist. Driving requires our full attention. A number of studies have proven that attention cannot be safely divided between driving and any another task. If your full attention isn’t on the task at hand — safe driving — then you’re increasing your risks for an accident.

You’re urged to keep your phone in your glove box or your back seat. When it’s out of sight, it’s out of mind and you’ll be less likely to use it. You can set up a voicemail notification that alerts drivers that you may not be answering because you’re driving and you’ll call them back when you stop. If you need to take a call or deal with a text message, you can hand the duties off to a passenger so that they can do so safely and so you can keep your attention on the road.
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Distractions: Increasing Pedestrians’ Risks for Serious Accidents

August 11, 2012 | Associates and Bruce L. Scheiner

One woman fell off a pier while she was texting. A mother walked her stroller right into a water fountain. Others have walked into the paths of dangerous drivers.

According to ABC News, it’s a problem that we’re seeing a lot on our streets — distracted walking.

Our Cape Coral pedestrian accident attorneys should be clear: Inattentive and negligent motorists cause the vast majority of serious and fatal accident involving pedestrians. But that doesn’t mean the proliferation of electronic gadgetry has not left walkers vulnerable to distractions of their own.

Pedestrians are paying too much attention to phone calls, to text messages and to their mp3 players and not enough attention on the dangers around them.

Florida is the most dangerous state in the country for pedestrians. We see more pedestrian fatalities than any other state in the country. This is an extra good reason why pedestrians in the area should have their full attention on their surroundings, regardless of where they’re walking.

“Keeping your head down while walking and not looking ahead of you can lead to a significant incident of injuries,” said Dr. Robert Glatter with the New York Lenox Hill Hospital.

Glatter says that he’s treated a number of pedestrians with injuries resulting from not paying attention along our roadways. He says that he treated injuries ranging from minor facial injuries to blunt head trauma.

According to a recent study from UNC Charlotte, less than 65 percent of drivers ever yield to pedestrians. About 20 percent of these incidents result in some sort of conflict or accident. It all depends on the area, too. Some areas show a yield percentage as high at 75, while others saw yield averages as low as 46 percent. In these areas, nearly 30 percent of the pedestrians were distracted and were unable to recognize when a driver failed to yield. Just as with driving, you can’t rely on the responsible habits of others. You’ve got to be one step ahead of the game and be an alert and defensive traveler.

“With the smartphone technology these days and everything at your fingertips, it’s almost getting to be an obsession or a compulsion with people,” said Southeastern Pennsylvania Transportation Authority’s Jim Fox.

In 2011 alone, there were more than 1,100 people who visited an emergency room because of a pedestrian-related traffic accident that happened while they were using an electronic device. According to the Consumer Product Safety Commission (CPSC), these injuries include a woman who walked directly into a telephone pole, a man who fell into a ditch and another man who was clipped by a passing truck as he attempted to cross the street.

Although the number of traffic fatalities declined in 2010 compared to 2009, the number of pedestrian fatalities increased by more than 4 percent. Injuries among pedestrians rose nearly 20 percent during this time, too.

Pedestrians are urged to keep their head up and their eyes on their surroundings to help to avoid an accident with another motorist, as well as other road hazards. Stay alert, walk cautiously and stay out of a potentially fatal accident.
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Risks for Work Zone Accidents Increasing, Motorists Beware!

August 10, 2012 | Associates and Bruce L. Scheiner

During this time of the year, road crews are working in the summer heat throughout the state to make our streets safer for everyone. We also see an increase in the number of accidents in work zones. Unfortunately, most of the people who are killed in work zone accidents are motorists and pedestrians.

Our Fort Myers personal injury lawyers remind motorists to pay extra attention in work zones and construction sites. Being on your best behavior behind the wheel will help to reduce risks of a potentially fatal accident. You’re to be especially careful when driving during the evening hours. As a matter of fact, about half of all fatal work zone accidents in Florida happen after dark, according to itseveryonesjob.com.

About 25 percent of these accidents are the result of a driver who was under the influence of alcohol or drugs. Another 50 percent of these accidents are the result of a speeding driver.

For these reasons, officials with the Florida Department of Transportation (FDOT) launched a Work Zone Safety campaign. The goal of this campaign is to help to make sure that everyone recognizes the dangers of recklessly driving through our state’s work zones. Officials think that the campaign is working, saying that the number of construction zone fatalities has been declining steadily since 2005. Back then, there were nearly 140 people killed. We’ve been able to bring that number down to about 95 as of 2008.

What’s most troubling is that most of these accidents are completely preventable.

There were more than 40 people killed in work zones in the state of Florida in 2010, according to The National Work Zone Safety Information Clearinghouse. These injuries and fatalities can be costly. A case of minor injuries is estimated to cost about $6,000 while a fatal accident is estimated to cost as much as $3 million.

To help to keep everyone alive and to make these zones flow as smoothly as possible, officials offer the following safety tips. Please look them over and exercise caution when you drive through a road work zone in Florida.

Work Zone Safety Tips:

-Never speed in these areas. Speed limits are oftentimes reduced in these areas. Lookout for posted speed limit signs. Speed-related accidents are some of the most common in work zones.

-Stay alert. Hazards can seemingly jump out of nowhere. Be on the lookout.

-Keep an eye out for workers and their equipment along the road.

-Avoid changing lanes. Do so before entering the work zone.

-Stay off of your cell phone and avoid using other electronic devices.

-Keep your headlights on to help workers and other motorists to see you more easily.

-Expect delays. Leave early for your destination to avoid rushing.

-Avoid tailgating. Leave enough room between you and the vehicle in front of you. You need time to react. Don’t minimize this time by following too closely.

-Be ready for lane shifts and follow road signs and flaggers.

-Be patient and remain calm.
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The Fight Continues for Victims of Drunk Driving Accidents in Southwest Florida

August 5, 2012 | Associates and Bruce L. Scheiner

Residents have to be 21-years-old to legally consume alcohol in the United States. Recently, we celebrated the 28th anniversary of the passing of that law! Still, there are many arguments against it, despite the fact that it has saved thousands of lives.

Some say that if you can be 18-years-old and fight a war then you should be able to drink a beer at 18-years-old. Others say that we should follow Europeans and make the legal drinking age 18 — they have less alcohol-related problems than we do.

There’s nothing farther from the truth, according Mothers Against Drunk Driving (MADD).

It takes more than a law to keep our teens safe. Parents have the power to help keep kids safe. As matter of fact, parents are the key influence in getting their teens to make smart decisions. To help parents to get the conversation started, officials with MADD kicked off the Power of Parents program.

This program helps to educate parents and teens about the risks and the dangers that are associated with underage drinking. The program also helps to guide parents in their talk with their young driver.

Associates and Bruce L .Scheiner, Attorneys for the Injured, has spent decades supporting MADD’s mission and fighting for the rights of drunk driving accidents victims throughout Southwest Florida. It’s a three prong approach and takes a little bit of help from everyone. Better education efforts. Better enforcement. Better care of victim’s rights.

Speaking of victim’s rights, MADD is asking residents to take a step toward better victim rights. What’s being targeted here is a new amendment for victim’s rights, House Joint Resolution 106 (H. J. Res. 106).

Officials with MADD are asking you to email or call your United States Representative today and ask them to co-sponsor the amendment.

What would happen under this amendment is that the rights of crime victims would be better protected and they would be able to stay more in-tune with legal proceedings. They would also be permitted to attend proceedings and to hear about some of the most important decisions regarding these cases. As is stands now, each state has statutory laws on the books that protect these rights for victims but most of them are unfortunately ineffective.

Too often, victims of drunk driving accidents lose track of the criminal legal proceedings — and are never afforded the opportunity to address the court or attend sentencing.

Even in states that have “strong protection” for the rights of victims, only about 60 percent of victims are every notified about the sentencing hearing and far less than half of them are ever told about the pretrial release of the defendant.

To get the amendment to move forward, it needs at least 100 co-sponsors.
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