Florida Injury Lawyer Blog

Motorcycle Accidents in Fort Myers and Elsewhere the Focus of Motorcycle Safety Awareness Month

May 7, 2012 | Associates and Bruce L. Scheiner

Motorcyclists face some of the highest risks for fatal accidents in Fort Myers and elsewhere. Recent statistics reveal that more and more drivers over the age of 45 are riding. Still, riders of all ages are at serious risks for accidents.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), nearly 45 percent of motorcycle driver who were killed in 2010 accidents were over the age of 44. To help to minimize the risks of these accidents, Governor Rick Scott has declared the month of May as Motorcycle Safety Awareness Month, according to ABC27.

“Motorcycle riding is an activity that can be enjoyable for a lifetime, and all riders should get endorsed and take steps to ride safely,” said Julie L. Jones, DHSMV Executive Director.

Our Fort Myers motorcycle accident lawyers understand that motorcycle drivers in the state of Florida are required to obtain a motorcycle endorsement on their driver’s license before they can operate a bike on the road. To get this endorsement, drivers are required to complete a basic rider training course through the Florida Rider Trainer Program. Still, with all of this training and education, far too many motorcycles are involved in fatal accidents on our roadways. Florida is one of the most dangerous states in the country for these kinds of accidents. The beautiful year-round weather we’re blessed with provides a prime opportunity for motorcyclists to hit our roads at any time they want. The more riders, the higher the risks are for accidents.

State Laws for Motorcycle Drivers:

-Drivers under the age of 21 who are not covered by at least $10,000 in medical benefits through their insurance policy are required to wear a helmet while driving.

-Drivers are required to wear eye protection. The windshield on the bike is not considered eye protection.

-All bikes must have foot pegs for passengers.

Additional Safety Measures for Riders:

-Drivers are urged to wear adequate footwear. Protective shoes offer support to the ankle and helps to give drivers a good grip on the surface of the road.

-Wear gloves to keep hands well protected.

-Jackets and pants are a must when providing protection against abrasions, dehydration, windburn and sunburn.

In 2009, there were more than 8,300 motorcycle accidents in the state of Florida. In these accidents, more than 7,430 motorcyclists were injured, according to Ride Smart Florida. In addition to those injuries, there were nearly 400 motorcyclists who were killed in traffic accidents during that same year. Of these people who were killed in these accidents, nearly 95 percent of them were Florida residents.

Drivers are asked to be cautious of one another when traveling along our roadways. Safe driving habits may be the one and only way to help keep our roads safe for all travelers. Take the vow to fight for road safety!
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Cinco de Mayo and Car Accidents in Fort Myers a Common Pair

May 5, 2012 | Associates and Bruce L. Scheiner

This weekend is Cinco de Mayo and we’re sure thousands of residents and visitors will be hitting the town in search of a fiesta, some tequila, a corona and a good time. Luckily, Fort Myers and the surrounding areas offer a plethora of events to celebrate the big holiday. Unfortunately, this is also a time when we see increased risks for alcohol-related car accidents in Fort Myers and elsewhere.

For that reason, our Fort Myers injury lawyers are encouraging visitors and residents to celebrate responsibly. Designating a driver or ensuring another sober ride home may be one of the best ways to help prevent a potentially fatal car accident. Holidays, including Cinco de Mayo, have some of the highest risks for alcohol-related car accidents. And Memorial Day is just around the corner.

So, before you head out for the big event make sure you’ve got your after party plans made and you’ve got a safe and reliable way to get home.

Before heading out to celebrate, you’re urged to make sure you’ve got a sober ride home if you’re planning on drinking. Mothers Against Drunk Driving (MADD) is here to offer you a few simple tips to help keep you out of an alcohol-related car accident. Please review these tips and share them with your friends and family to help reduce the risks of an accident.

Safety Tips:

-Make sure you designate a sober driver before you head out to your Cinco de Mayo events.

-Be sure to eat during your evening’s events. Try enjoying some of your favorite Mexican foods. Eating will help you to avoid getting sick and over-drinking.

-If you’re left without a sober driver, it’s okay! Call a friend, call a family member or call a taxi to take you home. Whatever you do, stay away from the driver’s seat.

-Can’t find a ride? Stay at a friend’s house or grab a hotel room for the night.

-If you see someone you know who has been drinking and has their keys in their hand, step in and take them away. Never let someone you know and love to drive after consuming alcohol.
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Injuries in Naples Minimized through National Work Zone Safety

May 4, 2012 | Associates and Bruce L. Scheiner

National Work Zone Awareness 2012 is kicking off the summer construction season, according to Laurie Sanderson, a spokesperson with the Florida Department of Transportation.

This campaign is so important to Florida transportation officials because in 2010, there were nearly 70 work zone fatalities and more than 6,000 similar injuries just in our state. During the campaign, officials will be targeting work zone safety and spreading the message to drivers as well — the message is about maintaining alert and safe driving habits in work zones across the state. With this campaign, officials hope to reduce the risks of work zone accidents in Naples and elsewhere.

“These zones demand slower speeds and increased awareness of people and equipment moving in the area,” said Sanderson reported.

Our Naples injury attorneys understand the risks that roadside workers face. All too often, motorists zoom through work sites with little to no regard for the workers within them. It’s important for drivers to slow down and abide by posted instructions to help keep everyone safe in these areas. The theme for this year’s campaign is “Don’t Barrel Through Work Zones! Drive Smart to Arrive Alive”.

The National Work Zone Awareness campaign started back in 2000, according to the Federal Highway Administration. This is the campaign’s 13th year on the books and it continues to grow and advance with each passing year.

With the Spring here, beautiful weather across the country is rolling out along with those orange barrels signifying work zones. During this time, motorists need to be extra careful behind the wheel in these areas to help keep our workers safe — the workers who are hard at work improving our street.

Nationwide, work zone accidents in 2010 killed nearly 600 people and injured nearly 40,000 more. Road work is a dangerous job and comes with some high risks. As a matter of fact, roughly 15 percent of work zone deaths occur to workers. The other 85 percent occur to passing motorists. You see, National Work Zone Safety Week isn’t just working to protect roadside workers, but it’s also working to protect the motorists who pass through these areas every day.

Luckily, these accidents are preventable.

Who is involved in National Work Zone Awareness Week 2012:

– American Road & Transportation Builders Association (ARTBA)

-Associated General Contractors of America (AGC)

-American Association of State Highway and Transportation Officials
-American Traffic Safety Services Association (ATSSA)

-Federal Highway Administration
-National Highway Traffic Safety Administration (NHTSA)

Tips to Help You Stay Safe Driving through Work Zones:

-Expect the unexpected.

-Slow it down.

-Avoid tailgating.

-Stay away from workers and work equipment.

-Keep an eye out for and obey flaggers.

-Curb the distractions.

-Stay with the flow of traffic.

-Be patient and stay calm.
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Dog Attack in Fort Myers Worries Local Residents

May 2, 2012 | Associates and Bruce L. Scheiner

During her early morning walk, Frances Peltier made her last round when she ran into a 3-year-old pit bull who had escaped a home on Euclid Avenue. This short encounter would be one to remember as the dog sprinted towards Peltier, latching on and ferociously attacking, according to the victim. The Fort Myers dog bite injuries to her thigh and her abdomen required hospitalization. A passerby witnessed the attack and reached out to 9-1-1 for help.

“I could see this dog running like a bullet,” said Peltier.

Our Fort Myers injury attorneys understand that the phone call to local authorities may not have been enough as the pit bull attacked both Peltier and the witness before authorities arrived. Although the viscous attack targeted the two victims, the owner of the dog claims that the victims are overreacting and that the pit bull, Sasha, is innocent and isn’t the attacking type.

According to Dr. Sophia Yin, a California-based veterinarian and animal behaviorist as well as a board member of the American Veterinary Society of Animal Behavior, you have to treat dogs that bite like they’re going to bite again. Dr. Sophia Yin was brought into the case after a phone call from a witness. The call was to help bring attention to the fact that there are not county laws in place that allow officials to seize and destroy dogs deemed dangerous, according to The News-Press.

According to a spokeswoman for the Lee County Domestic Animal Services, Ria Brown, the dog owner has been cited for letting the dog run unsupervised and for its threatening and menacing behavior. This citation counts as strike number one. Upon strike number two, a dangerous dog investigation will be conducted. If the investigation concludes that Sasha is “dangerous” then the owner faces a $1,500 fee and another $500 yearly registration. In these cases, dogs are required to be muzzled in public and fenced in at home. If a dangerous dog bites another victim, the owner could face time behind bars.

Still, there are no laws that permit Animal Services to take the dog into custody after an attack. Even with the way the ordinance is written, Sasha wouldn’t be considered a dangerous dog. An attack has to be life-threatening to land a pup with a “dangerous” title.

Florida Law Defines a Dangerous Dog As:

-A dog that has aggressively attacked, bitten, endangered or has inflicted a “severe injury” on a person. A severe injury is defined as one that has caused disfiguring lacerations that require reconstructive surgery or sutures, has broken bones or has engaged in multiple bites.

-A dog that has, on more than one occasion, severely injured or killed another domestic animal on the owner’s property.

-A dog that has been trained in dog fighting practices.

-A dog that has, without provocation, approached or chased someone on the street in a menacing fashion or with an apparent attitude of attack.
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Child Injury in Fort Myers Lands Cape Mother in Jail

April 22, 2012 | Associates and Bruce L. Scheiner

After a recent car accident in Fort Myers in which a toddler died, the driver of the rear-end accident faced a warrant for her arrest after allegedly failing to properly buckle in her child, according to The News-Press. It all happened on Market Street and Fowler Street in Fort Myers when the the 31-year-old driver was rear ended by another vehicle. It was just the collision that concerned officials, but the fact that there was an unharnessed 2-year-old girl in the vehicle.

The young passenger was transported to the Lee Memorial Hospital where she later died from injuries sustained in the accident. No one else was injured in the accident. According to local police, the child was sitting in the passenger seat and was not properly buckled into a car seat when the collision occurred. The car seat was not anchored to the car either. In the accident, the airbag deployed.

Our Fort Myers child injury attorneys understand that children rely on parents to make sure they’re properly buckled during every car ride. It is the parents’ responsibility to make sure these kids are riding safely and are properly buckled in during every car ride. Since the mother failed to buckle in her little girl, she’s now at the Lee County Jail arrested on charges of aggravated manslaughter of a child. Court records indicate that she is still in custody on her $15,000 bond. She is scheduled to appear in court on the 7th of May.

This is a tragic reminder of the requirement for child-passenger safety.

In the state of Florida, law states that children under the age of 5 are to be properly restrained no matter which seat they’re occupying in the vehicle. Kids who are under the age of 3 are to be secured in a separate carrier (child car seat) or in a vehicle manufacturer’s integrated child safety seat. Kids between 4- and 5-years-old can ride in either a safety belt, an integrated child safety seat or a separate carrier. If an adult seat belt does not fit your child correctly, you should use a booster seat to help make it fit once they’ve outgrown their forward-facing car seat, which is usually at either 4-years-old or about 40 pounds. Children who weight between 40 and 80 pounds or are under the height of 4’9″ should ride in a booster seat.

If you violate one of these Florida child restraint laws, you could get a fine of $60 and 3 points on your driver’s license. If an injury or a fatality results, you could wind up in a lot more trouble.

There were nearly 1,500 kids aged 14-years-old and younger who were killed in a motor vehicle accident in 2009. Nearly 200,000 more were injured throughout the year. Parents can help to reduce these numbers; in 2008, officials estimate that nearly 250 kids under the age of 5 were saved because of properly used child restrain systems, according to the Centers for Disease Control and Prevention (CDC).
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Injuries to Children in Naples Likely with Florida Heat: Hyperthermia Risks

April 21, 2012 | Associates and Bruce L. Scheiner

Yes, it seems like it’s always hot here in Southwest Florida, but the true heat is creeping up on us day by day. For that reason, the National Highway Traffic Safety Administration (NHTSA) is working to raise awareness about the increased risks for hyperthermia or child heatstroke in Naples and elsewhere. This is a common problem in Southwest Florida, parents or caregivers forgetting children in cars and leaving young ones in the hot, hot sun. Transportation officials are now pushing the first of its kind campaign “Where’s baby? Look before you lock” to help stop tragedies from occurring this summer.

Did you know that heatstroke is the number one cause of non-collision, vehicle related fatalities for kids under the age of 14? It’s true. These kinds of accidents took the lives of 33 kids in just 2011.

Our Naples child injury attorneys understand that parents don’t leave kids in the car intentionally. Sometimes parents just forget to check the back seat before getting out of the car and locking it up. When children are left in vehicles in the sun for too long they can experience injuries such as blindness, permanent brain injury, the loss of hearing, and death. Another common cause of these accidents is when children are permitted to play in and around unlocked vehicles.

“It is hope that the simple tips from this campaign will save lives and help families avoid unnecessary heartache,” said U.S. DOT Secretary Ray LaHood.

Throughout the next few weeks officials with the NHTSA will be launching a number of radio and online advertisements to help raise awareness about the dangers of heat, cars and children and to push the “Where’s baby? Look before you lock” campaign.

There were 33 kids who died because of these accidents in 2011, according to the San Francisco State University Department of Geosciences. While that illustrates a decrease from the number of fatalities from 2010, 49 deaths, it’s still a top concern for safety officials, especially as children are getting out of school soon and will be spending more time in the car with parents and guardians.

With the change in routine, from kids being in school to kids being in the car, it’s not unlikely for a caregiver to leave a child behind. Parents are urged to keep something in the front seat to remind them to check all seats before getting out and locking the car. You may think it’s silly, but it can help to save your child’s life.

Campaign Tips to Avoid a Heat-Related Auto Accident:

-Never leave a kid alone in the vehicle, even if the windows are down and the a/c is on.

-Make it a habit to check your entire vehicle before getting out. Do it every time.

-Consider keeping your purse or briefcase in the backseat to force yourself to look back there before getting out.

-Teach your child that cars are not play areas.

-Keep car keys out of reach of children.
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Car Accident in Fort Myers Kills Teen Driver

April 20, 2012 | Associates and Bruce L. Scheiner

Traffic control devices are found along our roadways for a reason. They are here to help direct traffic and they are here to help keep motorists safe. The stop sign that wasn’t seen could have saved a 19-year-old driver in a recent Fort Myers car accident, according to The News-Press.

As the 19-year-old driver left her friend’s house, just before 4:00 a.m., she headed down Riverside Center Court and attempted to turn onto Daniels Parkway. As she made the right-hand turn, she missed a stop sign and drove into the path of an oncoming semi-truck that was heading east on Daniels. The collision caused her 2007 Mustang to spin out of control. According to the Florida Highway Patrol (FHP), the young driver died at the scene of the early-morning accident.

Our Fort Myers injury lawyers understand that the driver of the semi-truck was not injured in the accident, which is almost expected considering the size and strength of these large trucks in comparison to smaller passenger vehicles. The two other passengers in the teen’s vehicle were transported to Lee Memorial Hospital and were immediately listed in critical and serious condition.

Our hearts go out to these families. With graduation and summer break right around the corner, now is a great time to talk to your teens about staying safe behind the wheel.

As we head into prom season and the end of the school year, we can expect a great number of teenage drivers on our roadways. During this time it is critical to remind these young drivers about the risks. Teen drivers are urged to be cautious when driving in any scenario, but especially near intersections and large trucks.

A passenger of the vehicle, the driver’s boyfriend, says that the driver didn’t see the stop sign because it was blocked by a garage sale sign. The next day, the garage sale sign was removed.

“She didn’t see the stop sign and she kept going,” said Martir. “And before I knew it, I woke up in the CT scan room and found out my girlfriend’s dead.”

Officials are investigating the accident to see if any contributing factors, like alcohol, were involved in the accident as well. But initial reports indicate this is an example of how roadside obstructions can lead to serious or fatal accidents. Taking pictures as soon as possible after an accident can help you document conditions and protect your rights.

Transportation officials are here to make safer roadways for all. It’s up to them to decide which areas need stop signs, traffic lights and other traffic control devices. Unfortunately, shrubbery, trees and other things can get in the way of these devices. For this reason, it’s important to approach all intersections and roadways with extreme caution.

Be sure to always look in all directions for oncoming traffic before pulling into traffic (and look twice for motorcyclists, bicyclists and pedestrians. Slow down when approaching perpendicular roads, ramps or merging lanes. When roadway devices fail, driver awareness and attention should step in to help to prevent any accidents.

In 2009, there were more than 33,800 roadway fatalities across the country. Of these accidents, more than 7,000 occurred at intersections or were intersection-related. Drivers are urged to be cautious when traveling along our dangerous Florida roadways, but especially when traveling through intersections.
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New App Targeting Bus Accidents in Fort Myers and Elsewhere

April 12, 2012 | Associates and Bruce L. Scheiner

Here’s come the peak of the spring travel season. And right behind that we’ve got the summer travel season. During both of those times, consumers from around the country, including locals, will be looking to busing companies to find a safe, convenient and inexpensive way to get to and from their vacation destination.

Now, there’s a new app that’s going to help consumers to pick the safest busing company to travel with. It’s the SaferBus app and it was recently released by the Federal Motor Carrier Safety Administration (FMCSA).

It’s helping bus riders to get an inside look at the safety ratings and other important information regarding potential bus companies. This app can also help to keep consumers away from a potentially fatal bus accident in Fort Myers or elsewhere.

“This new app gives Americans the information they need to make smart safety decisions when they book their next bus trip,” said U.S. Transportation Secretary Ray LaHood.

Our Fort Myers injury lawyers understand that college students, families, snowbirds, tour groups, church groups and many others are using busing companies to get to and from their vacation destinations. As we all know, a majority of those vacation spots are right here in Southwest Florida. Even local residents take these buses to visit friends and family members in various parts of Florida. All bus riders are urged to check out this information before booking a trip.

The SaferBus app was designed for iPads and iPhones. Owners can access the app for free in the Apple iTunes App Store. If you don’t have one of these devices, don’t worry! You can also get to this information by visiting the FMCSA’s webpage “Look Before You Book”.

Through all of this information, consumers will have access to about 6,000 interstate commercial passenger carriers throughout the United States. These carriers include tour bus companies, school buses and privately operated motorcoach.

Anne S. Ferro with the FMCSA says that this is the easiest and most convenient way to get this information to consumers. She says that you can access virtually any busing company and its safety information through the click of a button, and it’s all in the palm of your hand. She hopes that this new app will help to raise awareness about the importance of safe travel and will help to provide companies with an easy way to highlight their positive safety records.

Experts also believe that this information is more beneficial than ever as more and more Americans turn to motorcoaches to get to where they need to go. There were over 700 million motorcoach passenger trips taken in the U.S. in 2009, according to American Bus Association.

Included in the safety info is information regarding the company and instances of fatigued driving, unsafe driving, controlled substances and alcohol use, driver fitness and vehicle maintenance.

If you’re planning a trip any time soon, you’re urged to check out this information. Choosing a safe busing company should be job one.
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Collier Deputies Fighting Distraction-Related Car Accidents in Naples

April 11, 2012 | Associates and Bruce L. Scheiner

Florida doesn’t have a single law on the books that says that drivers cannot drive and text message at the same time. Deputies in Collier County have found a way around it though. They’re citing drivers near Pine Ridge Road for failing to pay attention at the wheel, according to NBC2.

This enhanced enforcement comes at a good time, too, considering it’s National Distracted Driving Awareness Month 2012! Every April, the National Safety Council celebrates this campaign in hopes of raising awareness in drivers about the dangers, risks and consequences associated with distracted driving and to help to reduce the risks of needless car accidents in Naples and elsewhere.

“Are they texting and driving? Are they doing something that will take their attention from the road? If it impacts their driving, we’ll give them a citation for careless driving,” a sheriff’s spokesperson said.

Our Naples car accident lawyers understand that texting while driving is not illegal in the state of Florida. In fact, Florida is one of the few states that has yet to enact such law. Still, officers in Collier County say that they’ve found a way to hold distracted drivers accountable — careless driving citations. Deputies target this driving behavior because we’re seeing all too many accidents in the area because of texting drivers. Recent studies have concluded that texting behind the wheel increases a driver’s risks for an accident by nearly 25 times.

And that’s exactly what texting and driving is. It’s careless driving. It’s throwing risks, dangers and consideration out the window and riding along with increased risks for accidents.

With the increased efforts in Collier County comes National Distracted Driving Awareness Month 2012. During this year’s month-long event, safe driving advocates with the National Safety Council (NSC) are urging drivers across the county to take the pledge to drive distraction free! We’re urging drivers to take the pledge and were urging them to pledge for longer than just a month. Distraction-free driving should be a lifetime commitment.

Take The Pledge!

-Pledge to keep the phones and the electronic devices out of the driver’s seat.

-Pledge to speak up if you’re riding with a driver who is engaging in distracting activities behind the wheel.

-Pledge to talk with your family and your friends about the risks and dangers that are associated with distracted driving.

The NSC estimates that there were more than 3,000 people who were killed in distraction-related car accidents in the U.S. in 2010. That means that about one out of every four accidents involved a distracted driver. And those were only the ones that officers knew about. Experts believe these numbers to be much higher.

Do your part to help make our roadways safer for everyone and take the pledge!
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Bus Stop Accident in Lehigh Acres Severely Injures 10-Year-Old

April 10, 2012 | Associates and Bruce L. Scheiner

One recent morning, just before 8:30 a.m., a pedestrian accident in Lehigh Acres severely injured a 10-year-old boy as he made his way to his morning bus stop. According to the Lee County Sheriff’s Office Traffic Unit, the young child was transported to Lee Memorial Hospital. Once he arrived at the hospital, he was immediately taken via Med Flight to Tampa General Hospital because of the severity of his injuries.

Preliminary investigations conducted by the Sheriff’s Office have determined that speed was not a factor in the crash. Reports indicate that the child traveled into the path of the passing vehicle. Officers are not citing the driver in this accident.

Our Lehigh Acres personal injury lawyers encourage parents to remind their children about safety around buses and at the bus stop. Even with such safety training, a child may be seriously injured by a careless motorist, poorly placed bus stop or other act of negligence.

As these young students come out in the morning and early afternoon, drivers are asked to be extremely cautious when traveling near residential neighborhoods, schools and bus stops. Young children aren’t always able to comprehend the dangers that are associated with traffic.

According to the Lee County Public Schools, Lee County’s Transportation Department is the 7th largest transportation department in the state of Florida. The county’s district serves four zone offices, each of which serve parents and students in their geographic areas.

The county’s transportation department helps to get nearly 60 percent of the county’s student population to and from school each day. There are more than 700 school buses that travel more than 12 million miles every year. More than 1,000 employees are employed through the department.

According to National Highway Traffic Safety Administration (NHTSA), about half of all of school bus/bus stop accidents happen between 7:00 and 8:00 a.m. as well as between 3:00 and 4:00 p.m. This is mainly when kids are heading to and coming from their bus stops.

With so many children relying on school buses to get them to and from school each day, it’s important that we equip these young riders with some important safety tips to help them get to and from their bus stops safely.

Bus Stop Safety Tips:

-Choose the safest route to the bus top. Avoid busy intersections and crossing busy roads.

-Walk the same route every day.

-Look left, right and back left again before crossing any road.

-Never enter the roadway from in between two parked cars, shrubs or bushes.

-Always cross the street at a crosswalk or at a corner.

-Wait for the bus away from the roadway.

-Avoid horseplay.

-Arrive at least 5 minutes before the bus is scheduled to arrive.

-Cross the street only when vehicles have stopped and you’ve made eye contact with drivers.
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