Florida Injury Lawyer Blog

Motorcycle Accidents in Fort Myers and Elsewhere in Florida: A Year Round Concern

April 6, 2012 | Associates and Bruce L. Scheiner

The Fort Myers motorcycle accident attorneys at Associates and Bruce L. Scheiner, Attorneys for the Injured, are taking a comprehensive look at motorcycle safety as we head into the the heart of Spring Break and the summer riding season.

We’d like to discuss some of the previous years’ statistics and trends to help motorists get an idea of the scope of the issue. Awareness is one of the first steps toward correcting a very dangerous situation.

According to Ride Smart Florida, there were nearly 8,315 motorcycle crashes in the state of Florida in 2009. Every year, from 1997 to 2008, our state saw an increase in the number of motorcycle accidents, fatalities and injuries in Fort Myers and elsewhere.

As our state’s population continues to grow and more and more people make the Sunshine State their vacation destination, motorcycle enthusiasts continue to push motorcycle safety as a top issue, and rightfully so. Every year, far too many motorcyclists are killed in our state. Florida is one of the most dangerous states in the country for these kinds of accidents, year after year.

From 2008 to 2009 there was a near 14 percent reduction in the number of motorcycle accidents and a near 13 percent reduction in the number of motorcycle injuries. While some may see that reduction as a hopeful start, safe driving advocates know that it’s no time to relax. Right now, were in the middle of Spring Break, we just completed Daytona Beach Bike Week 2012 and we still have prime motorcycling riding weather. All of that means that there are still bikes navigating our roadways in large numbers. In groups both large and small. More bikes equates to higher accident risks.

Some aren’t even crediting anyone’s driving skills to the recent, and quick, reduction. Some are saying that the implementation of Florida’s Motorcycle Safety Coalition and the new rider training requirements that were put into place back in 2008, have helped contribute to the decrease. Doubts are expressed across the board about a continuation of this downward trend.

So who’s at risk? It’s obvious that motorcyclists are at higher risks for injuries and fatalities in the event of a motor vehicle accident. But do you know who is more likely to be involved in a serious wreck? According to statistics, motorcyclists between the age of 45- and 54 years-old were involved in the most motorcycle accidents in 2009 — more than any other age group of riders. Coming in at number two was the 25- to 34-years-old age group. The median off all of the riders who were killed in 2009 motorcycle accidents was 42-years-old.

Although thousands and thousands of motorcyclists flock to the state of Florida, nearly 95 percent of motorcyclists who were killed in the state in 2009 were in fact residents.

Alcohol has been proven to be an increasingly common factor in a lot of motorcycle accidents. In 2005 less than 30 percent of motorcycle accidents involved alcohol. In 2008, there was less than 20 percent. In 2009, more than 40 percent of motorcycle accidents involved alcohol.
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A Year Round Concern: Motorcycle Accidents in Sebring

April 5, 2012 | Associates and Bruce L. Scheiner

Our Sebring motorcycle accident attorneys have been talking about the risks associated with summer riding in Florida.

Did you know that most motorcycle accidents happen in the month of March, April and May? This is because that’s in the middle of Spring Break and the summer riding season. We’re in the middle of Spring Break and that summer riding season is right around the corner. Although we have a large amount of riders in the state throughout the year, these two riding periods are extremely dangerous on our roadways and we want to talk about the risks before it’s too late.

Let’s continue on in this discussion.

According to the National Center for Statistics and Analysis, about a third of motorcycle fatalities involved a drunk motorcyclist in 2008. Alcohol-impaired motorcyclists accounted for more than 40 percent of motorcycle accidents in Sebring and elsewhere. This wasn’t just a problem in Florida during this time. Fatal motorcycle accidents involving alcohol throughout the nation in 2008 saw an increase as well.

Motorcycle riders are at higher risks for death in the event of an accident than the occupants of passenger vehicles and trucks. Nearly 30 percent of the traffic accident fatalities in which alcohol was a factor 2009 were of motorcyclists. Less than 25 percent were the occupants of passenger cars. Less than 25 percent were of light trucks and the last 2 percent were for large trucks.

As we said, most motorcycle accidents happen during the months of March, April and May. There are also specific days of the week and times of the day that these accidents are more likely to happen. As a matter of fact, nearly 45 percent of fatal motorcycle accidents happen on weekends.

In 2009, the median for hospital charges resulting from acute care hospital for a nonfatal motorcycle accident totaled nearly $54,000. Emergency rooms were costly, too.

Believe it or not, nearly half of all hospitalizations and E.R. visits are not covered by commercial insurance. Roughly 30 percent of these bills were paid directly by the victim’s personal funds or were paid by their personal insurance.

As you know, motorcycle accidents can be some of the most devastating and catastrophic crashes we see on our roadways. Injuries are oftentimes severe, if not deadly. From 2007 to 2009, nearly a third of all motorcyclist deaths were the result of a traumatic brain injury (TBI). About 35 percent resulted in injuries to multiple body regions, about 30 percent resulted in injuries to unspecified body regions and less than 10 percent resulted with injuries to the thorax.
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Dog Bite Accidents in Fort Myers Threatening Residents

April 3, 2012 | Associates and Bruce L. Scheiner

As you may have heard, Danell Leyva recently won the horizontal bar to overtake Mykola Kuksenkov for the men’s top spot at the American Cup. What you may not have heard about was the dog bite accident that occurred just a couple of weeks prior. It all happened when three of his bulldogs were fighting and he unwisely stepped in to separate them.

We understand that dogs are family and that owners will do anything to protect them. Unfortunately, dog fights aren’t a place for humans. Oftentimes, when dogs are eating, fighting, guarding or protecting, the risk for dog bite injuries in Fort Myers and elsewhere increase. There are certain ways that pups have to be handled and treated. These techniques vary from situation to situation.

Our Fort Myers dog bite injury lawyers understand that pets, especially dogs, can be unpredictable. Leyva’s case in particular is a difficult one. Leyva recognized that he shouldn’t have stepped in to stop the fight. As a result of that move, he suffered from severe cuts and lacerations and had to have 80 stitches sewn in from his jawline to his sideburns. After the stitches, a plastic surgeon was called into to fix up the mess. Leyva was in the gym just three days after. The extra scar tissue was removed just the day before nearly 13,000 gathered for the American Cup and for his victory.

Dog bites don’t always happen when a person breaks up a dog fight either. Dog bite accidents can happen virtually any time at any place though. It’s important to know how to act around dogs and how to help avoid a serious bite accident.

Every year, there are more than 4.5 million dog bite accidents in the country. Nearly 100,000 of these bite accidents require medical attention. Some dogs are more likely than others to attack, too. More than 90 percent of fatal dog bite accidents involve male dogs. A large majority of these dogs aren’t neutered.

Don’t think a chained up dog is safe either. About one out of every four dog attacks involves a dog that’s chained up. And just because you know the dog doesn’t mean you’re safe. Most people involved in a dog bite accident actually knew the dog that bit them.

These are some costly accidents, too. Every year, insurance companies pay out for than $1 billion in these kinds of claims, according to the Centers for Disease Control and Prevention (CDC).

Tips to Avoid a Dog Bite Accident:

-Never approach a dog that’s you’re not familiar with.

-Never run from a dog.

-Don’t scream near dogs.

-Stay still when an unfamiliar dog is approaching you.

-If a dog knocks you over, stay down and remain still.

-Report dangerous dogs immediately.

-Never break up a dog fight.

-Let dogs smell you before petting them.

-Avoid direct eye contact with a dog.

-Never bother a dog when it’s eating, sleeping or caring for pups.
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New HOS Rule to Reduce Risks of Trucking Accidents in Fort Myers and Elsewhere

March 29, 2012 | Associates and Bruce L. Scheiner

A final rule to help fight driver fatigue and trucking accidents in Fort Myers and elsewhere was recently announced by the Secretary of the U.S. Department of Transportation (USDOT), Ray LaHood.

The new rule was enacted after a number of studies were conducted into the dangers of fatigued driving and its effect of the safety of our roadways. The new rule, by the Federal Motor Carrier Safety Administration (FMCSA), tightens up the regulations regarding hours-of-service (HOS) safety requirements for drivers of commercial trucks.

“This final rule will help prevent fatigue-related truck crashes and save lives,” said LaHood.

Our Fort Myers injury lawyers understand the dangers that are associated with large trucks on our roadways. You know the feeling, the whoosh of a semi or a tractor trailer passing your car. It’s frightening. What’s most alarming is that many of the drivers of these large vehicles are working with little to no sleep on extremely long trips. This stricter HOS rule aims to keep these drivers awake and alert behind the wheel in order to help keep motorists of all kinds safe on our roadways.

Anne S. Ferro, the FMCSA Administrator, says that the Administration listened to the public and safe-driving advocates for months before finalizing this rule. In addition to public input, the Administration also used the most up-to-date research about fatigued driving. In the end, the FMCSA hopes that it created a rule that can help to keep drivers safe, alert, focused and rested behind the wheel.

Under the new HOS rule, drivers are only allowed to work 70 hours a week. The old rule allowed drivers to work 82 hours a week.

In addition to the reduction of hours a driver is allowed to work in one week, they’re also now restricted to working only eight hours without a break. Once they’ve been working for eight straight hours they are required to take a break of at least 30 minutes. Drivers are now also allowed to take a 30-minute break whenever they feel that they need to rest.

Remaining the same under the new and old rule is the 11-hour a day driving limit. The FMCSA will continue to conduct inspections and data analysis to look into the risks that are associated with this daily limit. After research, if risks are proven to be too high with this long of a work day then the limit will be reduced.

The new rule is also requiring drivers who use up their weekly work hours to take at least two nights to rest when their internal clock demands sleep the most, which is typically from 1 a.m. to 5 a.m. This is all a part of the new rule’s “34-hour restart” regulation that is in place to allow drivers to restart the clock of their work week by taking at least 34 consecutive hours off. Drivers will have to do this at least once during their work week.

If companies are busted for failing to enforcing these new rules, they could face fines of more than $10,000. Drivers can also be penalized for not resting, with fines of more than $2,700.

The effective date of this final rule was the 27th of February. Drivers and companies must start complying with the new rule by the first of July in 2012.
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Child Injury in Fort Myers and Elsewhere Headed Off by Informed Consumers

March 28, 2012 | Associates and Bruce L. Scheiner

Our Naples injury attorneys like to keep our neighbors informed about the latest recalls from the U.S. Consumer Product Safety Commission (CPSC).

Staying in the know with this kind of information can help you to protect your family. Oftentimes, common household items and children’s toys can pose some serious risks for injury. Knowing about the most up-to-date recalls can help to head off these accidents and injuries before they happen.

Child injury in Fort Myers can happen with virtually any product, including clothing, indoor toys, outdoor playgrounds, bicycles and other everyday items. Parents are urged to sign up for the CPSC’s email subscription list to get the breaking news in defective and recalled products. Here are some of the latest recalls.

Children’s Play Theaters Recalled by Guidecraft:

Roughly 2,000 of these items were sold in the U.S. through various catalogs and on the Guidecraft.com website from July of 2012 through April of 2011. They were manufactured by Mega Profit Trading Ltd. What can happen is that the toy can unexpectedly tip over when your child is playing with it and it can pose an entrapment hazard to young children. There have already been accident reports submitted as well as injury reports. The model “G51062” falls under this recall. If you have one of these items, you should take it from your child immediately and contact the company to get a replacement product or a full refund. You can call Guidecraft toll-free at (888) 824-1308.

Boys’ Jackets with Drawstrings Recalled by Umbro:

There were about 250 of these jackets sold throughout the U.S. from April of 2011 through January of 2012. There have been no incidents or injuries reported just yet, but since these jackets fail to meet the CPSC’s drawstring guidelines they must no longer be sold. The CPSC’s regulation is in place to help prevent children from getting entangled or from getting strangled by neck and waist drawstrings in upper outerwear. The boys’ jackets are sized from medium to extra-large and can fit kids who are up to a size 14. The company name, Umbro, is printed on the front upper right side of the jacket. If your child has one of these jackets, please do not let them use it anymore and call the company to get a full refund.

Swing Sets Recalled by BCI Burke:

Nearly 500 of these 2 3/8 inch Arch Swing Sets were sold from January of 2004 through December of 2011. They’re dangerous and can potentially harm your child. What can happen is the welded connection of the sleeve joint that goes into the arch support can break. If these break, the top swing beam can collapse and can cause children on the swings to fall and hurt themselves. There have already been a number of incidents and injuries reported. If your family has one of these swing sets, stop using it immediately and call BCI Burke at (800) 356-2070 to get a free retrofit kit.
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Victims of Drunk Driving Car Accidents in Bonita Springs and Elsewhere Assisted by MADD and VOCA Funds

March 27, 2012 | Associates and Bruce L. Scheiner

Mothers Against Drunk Driving (MADD) recently expressed its gratitude to the U.S. Senate and its passing of Move Ahead for Progress in the 21st Century (MAP-21). This program helps to increase roadway safety and looks to reduce the risks of alcohol-related car accidents in Bonita Springs and elsewhere.

Within the MAP-21 program is the ROADS SAFE Act, which was first introduced by Senators Bob Corker and Tom Udall. With the passing of MAP-21, researchers may now be able receive more than $10 million, over a two-year period, to help with the creation and research of a device could detect when a driver is drunk before they even start the car.

The current research program, the Driver Alcohol Detection System for Safety (DADSS), is being tackled by the Automotive Coalition for Traffic Safety and the National Highway Traffic Safety Administration (NHTSA)

“The safety provisions included in MAP-21 could truly set in motion the elimination of drunk driving and save tens of thousands of lives each year,” said Jan Withers, the National President of MADD.

Our Bonita Springs drunk driving accident lawyers understand that MAP-21 will also be helping to update some of our nation’s roadway safety programs. All around, MAP-21 is helping to make roadways a little safer for everyone. One of the most important contributions of the program is incentive programs for states that adopt all-offender ignition interlock programs. A number of studies have illustrated that the enactment of these kinds of laws and penalties results in fewer fatal alcohol-related accidents.

MAP-21 is also continuing to fund nationwide safety programs, including the Click it or Ticket and the Drive Sober or Get Pulled Over campaign.

MADD also recently discussed the Crime Victims Fund and the Victims of Crime Act (VOCA) that was enacted by Congress back in 1984. Together they offer funds to organizations to help serve victims and help to provide support for these individuals. These funds are collected through criminal fines and other various cash penalties and don’t use any of our taxpayer dollars.

MADD chooses to recognize this program because they rely a lot on the VOCA funds to help them to offer their services to those who have been the victims of drunk driving.

In 2011, MADD was able to serve more than 60,000 victims of drugged and drunk drivers — at no charge. During the year, one person was killed in these kinds of accidents every 9 minutes. The organization is proud to say that the number of people killed in these accidents has, in fact, been cut in half since MADD’s inception. Still, there are more than 10,000 people killed and nearly 400,000 injured because of this violent crime every year.

According to MADD, funding through VOCA is critical in helping the organization to achieve its mission of serving the victims of these kinds of accidents. Now, MADD is asking Congress to up the VOCA cap to $1 billion a year to help victims of crime, but not to raid this money to pay for other programs.
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Spring Break and Skyrocketing Risks for Injury on Fort Myers Beach

March 21, 2012 | Associates and Bruce L. Scheiner

Recently, a 67-year-old woman was killed in a Fort Myers Beach pedestrian accident. It happened on a Friday night when the pedestrian attempted to cross Estero Boulevard on Fort Myers Beach. She was crossing the street with her family when the accident happened. The driver involved in the accident says that he didn’t see the family or the victim in the road until it was too late, according to WINK News Now.
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“It’s not only during the tourist season, it’s off-season as well, where we experience fatalities, pedestrians, bicycles, people getting hit by cars,” said Fort Myers Beach Mayor Larry Kiker.

Our Fort Myers Beach accident attorneys understand that firefighters, officers and other officials on the beach hear these kinds of stories all too often, especially during Spring Break. In addition to pedestrian accidents, we have increased risks for drunk-driving car accidents and hotel-related accidents. It’s important that if you decide you are going to party during Spring Break, be responsible about it and make sure you know the rules, your limitations and your rights before things get out of hand.

Under our state’s law, hotel owners are required to minimize all of the dangers that can be found on their premises, in their rooms and on their balconies. For example, all hotel and condo balcony railings have to be at least 42-inches high. Florida state law also mandates that spaces between railing bars to be no more than four inches apart. Both of these requirements are to help to reduce the risks of a guests falling over or through the railing.

At the same time, hotel owners and managers are required to keep floors and walkways clear of debris or other fall-related hazards. Slick floors are to be cleaned immediately and warning signs are to be placed near these locations. In addition to regulating balconies and keeping walkways clean, property owners have a plethora of other regulations to follow to help keep you safe during your spring vacation. Make sure you’re aware of your rights and of the responsibilities of property owners before heading out.

While we ask all residents and Spring Break visitors to be safe and cautious during this year’s Spring Break festivities, we also ask hotel owners and managers to make sure that their facilities are safe and danger-free for visiting guests.

While owners and managers are in charge of keeping hotels, motels and condos safe for visitors, the Florida Highway Patrol (FHP) will be working to keep our roadways safe and free of drunk drivers. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), troopers have been combing our roadways in search of intoxicated drivers. This enforcement effort is all a part of the state’s Drive Sober or Get Pulled Over campaign. Troopers will also be looking for speeding drivers and drivers who aren’t buckled up!

“The Florida Highway Patrol continues to make DUI (Driving Under the Influence) enforcement a priority,” said FHP Director, Col. David Brierton. Having a designated driver and planning ahead will make your trip safer.”

Spring Break on Fort Myers Beach and elsewhere in Lee and Collier counties can be hectic. Residents and visitors are asked to be safe and responsible during their week of fun in the sun.
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Motorcycle Accidents in Florida a risk During Daytona Bike Week

March 20, 2012 | Associates and Bruce L. Scheiner

As we recently reported on our Florida Injury Lawyer Blog, Daytona Beach Bike Week 2012 is taking place this month. During this time, we can expect thousands of motorcyclists to be on roadways across the state, requiring heightened awareness from motorists of all kinds.
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One of the most important aspects of this year’s event is the Bike Week Appreciation Parade. This year’s parade is being presented by the Harley-Davidson Motor Company. What’s so important about this year’s parade is that it’s back after seven years! Before being stopped years ago, the parade was an iconic event of Bike Week. Officials put a stop to it back in 2005 because the Daytona 200 event was moved from a Sunday to a Saturday. At the time, local officials didn’t feel like they were equipped to help move the nearly 10,000 participants from the Ocean Center to the Daytona International Speedway.

Our Fort Myers motorcycle accident lawyers are pleased to announce the return of this event. This year, Bob Coleman, the Task Force Chairman of the Bike Week Festival, said he couldn’t be happier! He sees the event as a way to help thank the community and thank the participants of this huge event and to help raise awareness of motorcyclists on our Florida roadways. He says that it only makes sense that Harley-Davidson is the sponsor of this year’s Bike Week and of this year’s parade considering they’ve been with the event since the beginning.

Since the event was canceled in 2005, officials in Daytona Beach have worked to provide the resources needed to handle such a large event. Since 2005, tens of thousands of Bike Week fans have lined the route every year asking for the parade to return. Earlier in the year, officials with the Speedway, with the City and with the Daytona Regional Chamber of Commerce met to go over all the aspects of the event to make sure that everything’s covered and that everything will run smoothly.

The parade is more than 5 miles long and motorcyclists from around the country are expected to join. Along the route, residents from the area will be gathering to show their appreciation and pride for the World’s Largest Motorcycle Event.

Participating in the parade is free, but riders are able to enter the Budweiser Party Porch at the end of the parade for only $20. At the Speedway, riders will be able to enjoy ice cold beer while catching excellent views of the Daytona 200.
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Red-Light Cameras & Car Accidents in Fort Myers and Naples a Hot Topic of Debate

March 16, 2012 | Associates and Bruce L. Scheiner

A four-car accident in Fort Myers at the foot of the Caloosahatchee Bridge sent three victims to Lee Memorial Hospital. What’s most alarming about this accident is that it was completely preventable. After a sedan ran a red light, an SUV was T-boned. After those two vehicles slammed into each other, the wreck was pushed into two other vehicles that were stopped at the intersection. Officers have issued the driver of the sedan for running a red light, according to The News-Press.

That’s not all. Another accident landed two people in the hospital after a red light-running van slammed into a pickup truck. This second accident happened just before 10 a.m. at the intersection of Veronica Shoemaker Boulevard and Palm Beach Boulevard. The driver of the van has also been cited for running the red light.

Our Fort Myers car accident lawyers understand the fear that’s associated with crossing through some of Southwest Florida’s intersections. Cars zoom through these intersections and you’re never too sure if one is going to stop or not. According to the Governors Highway Safety Administration (GHSA), the state of Florida has permitted red-light cameras throughout the state. These cameras can snap a picture of your tag and the traffic control device you disobeyed. Drivers who are busted can be fined nearly $160.

According to PhotoEnforced, there is only one red light-camera in Fort Myers. Naples is a different story, where Collier County officials recently made a decision to approve a new contract with American Traffic Solution. The new contract keeps these red-light cameras in the city for another 10 years. Commissioners voted 3-2. Cameras were first installed in the city back in 2009, according to Naples Daily News.

“When asked if we still need this program, the majority of people still said yes,” Collier County Sheriff Kevin Rambosk said. “And I notice when I am on the road that, even at the intersections where there are no cameras, more people are approaching those intersections more cautiously.”

In 2011, reports indicate that these cameras caught only between 1 and 1.85 drivers a day violating traffic signals. Right now, many say that the 19 that are installed at 12 intersections aren’t doing enough to improve intersection safety.

Because of a state law enacted back in July, municipalities are prohibited from paying camera vendors on a per-ticket basis. Now, American Traffic Solution will be paying more than $28,000 to run their cameras. The fines collected will be split with the state.

From April 2009 through December 2011, the camera company issued more than 765 tickets.

According to Rambosk, these cameras help to save the county money. He says that if the county didn’t have these cameras, then he would have to hire another four or five officers at about $100,000 a year. Cameras are more affordable.

Residents didn’t agree to pay the company for another 10 year of services. Vinny Angiolillo, a candidate for sheriff, says that the company has taken far too much money from the county and we’ve yet to see any significant reductions in accidents as a result. He says it’s not worth it.
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Injuries to Children in Fort Myers and Elsewhere Likely without Rear-View Cameras

March 14, 2012 | Associates and Bruce L. Scheiner

Blind spots are getting bigger and bigger in our cars, trucks and SUVs as consumers demand for more fuel efficient vehicles. With better gas mileage come more aerodynamic vehicles. Unfortunately, we may not be getting rear-view cameras in new-model cars as soon as we thought.

Recently, the National Highway Traffic Safety Administration (NHTSA) halted a rule requiring these cameras because officials felt that more research, study and data analysis was needed before this big move, according to CNN Money. These cameras, under the originally proposed rule, would have been mandatory in all new-model cars by 2014. Unfortunately, residents, more specifically kids and the elderly, will continue to face risks of injury associated with backover car accidents in Fort Myers and elsewhere.

“This is devastating news,” said Janette Fennell of KidsAndCars.org
Our Fort Myers car accident attorneys understand that there have been more than 10 documented backover accidents recorded by KidsAndCars.org already in the first seven weeks of 2012. These accidents are serious and take the lives of far too many innocent pedestrians and cyclists. These accidents can be prevented with improvements such as back-up cameras, and with increased awareness on the part of both drivers and pedestrians.

As you may remember, the Cameron Gulbransen Kids Transportation Safety Act was passed several years ago with the back-up camera requirement as a centerpiece of the legislation. This act was named after a 2-year-old kid who killed when backed over in his own driveway by his father.

Initially, the rule was to be set by the end of February. The Notice of Proposed Rule Making (NPRM) called for rear-view cameras to be mandatory on all passenger vehicles by 2014.

We were on the road to safer technology, but then Ray LaHood with the U.S. Department of Transportation released a notice stating that while significant progress has been made in this technology, there is still more that needs to be done to meet the initial proposal’s requirements. Now, we anticipate that the DOT could potentially issue a final rule by the end of 2012, according to Boca News Now.

According to KidsAndCars.org, about two children are killed every week in these kinds of accidents. An additional 50 suffer injuries.

Here’s how the rule was supposed to work: Ten percent of cars, trucks and SUVs would have to be sold with rear-view cameras by 2012, forty percent by 2013 and one-hundred percent by 2014.

“Every vehicle has a blind zone immediately behind the rear bumper. It can be five feet or 50 feet, depending on the car’s styling. Lost in that space might be a fire hydrant, a pet, or even a child,” said Ami Gadhia, senior policy counsel for Consumers Union.

Each year, these kinds of accidents take the lives of more than 225 people. These accidents also injure another 18,000 a year. Children under the age of 5 and elderly residents account for about 75 percent of injury vicitms.
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