Justia Lawyer Rating
2021 Best of the Best - Fort Myers
Taos Badge
Litigator Awards Badge
Public Justice Member Badge
Million Dollar Advocates Forum Badge
Top 40 under 40 badge
Top 100 badge
Pound Civil Justice Institute
The Florida Bar badge
National Civil Justice Institute badge

Tougher DUI laws may be on the horizon in Florida, as U.S. lawmakers decide whether to enact a bill aiming to curb drunk driving accidents in Fort Myers and throughout the country.

The proposed bill would offer money to cash-strapped states if they agreed to adopt an ignition interlock program for first-time DUI offenders.

The new law would set aside $500 million for highway safety initiatives across the country, with about $25 million of that going to state governments that make it a priority to remove drunk drivers from their roads.

beers.jpg

Florida already has an ignition interlock program, though it is more often utilized for repeat DUI offenders. It works like this: A person who has been convicted of a DUI can apply for a restricted driver’s license. In order to obtain that license, the state would require that they install one of these devices, which works much like those used by law enforcement, and measures the blood alcohol content in the driver’s breath before the car can be started.

Although critics – namely those with the American Beverage Institute – argue that the bill would cost states more to implement than it would be worth, we would point out that it is the drunk drivers who pay to have the devices installed. Also, what kind of price would you put on the life of your loved one?

Our Fort Myers drunk driving accident attorneys have been long-time supporters of local initiatives that take aim at drivers who drink, including sponsorship of the Mobile Eyes campaign through the Lee County Sheriff’s Office. This is the program in which anyone who calls 911 to report a drunk driver and mentions the Mobile Eyes campaign will receive a $50 reward if that driver is pulled over and arrested for a DUI.

The local sheriff’s office has held many sobriety checkpoints in recent years. In 2010, the sheriff’s office reported 1,096 arrests for driving under the influence. That is an astonishingly increase of 32 percent since 1999, when there were 741 arrests.

This points not only to the increase of drunk drivers on our roads, but also the increased enforcement efforts. But think of how much more our law enforcement officials could accomplish if they didn’t have to spend so much of their time busting drunk drivers? This new bill would stop potentially impaired drivers before they could even get on the road. And it will save lives.

Some may see such a measure as a harsh penalty for someone convicted of just one DUI offense. If the only person affected by drunk driving was the person behind the wheel, we maybe could understand that point of view. But drunk drivers put everyone at great risk of serious injury or death. Also consider that, according to MADD researchers, drunk drivers have usually driven drunk about 80 times before they are ever arrested.

And it only takes one short trip for a drunk driver to ruin or take an innocent life.
Continue reading ›

An 87-year-old woman was killed recently in a south Fort Myers pedestrian accident as she walked across San Carlos Boulevard.

According to various walkinfo.org that ALL pedestrians might find useful:

–Be predictable. Don’t walk along highways or other zones that are restricted, and try to use sidewalks where they are provided.

–If there is no sidewalk, it’s safer to walk facing traffic.

–Help drivers see you. Dress in light, reflective clothing and if it’s dark, carry a flashlight.

–Walk defensively. Be aware of drivers, particularly when crossing an intersection. Give yourself plenty of time, and make eye contact with motor vehicle drivers so you’re sure they see you.

-Be extra careful if you’re crossing a street that has a higher speed limit.
Continue reading ›

The Journal of Adolescent Health released two new studies that illustrate again why teenage drivers are more likely to be involved in a car accident in Naples and elsewhere when other teens are present in the vehicle. According to Medical Press, a number of things are affected when teenage drivers have their friends in the vehicle, including the perception of risk on the roadway. The study concluded that parental oversight may be the most effective method to help reduce these risks.
979593_girls.jpg

The study found that teenage drivers are more aware of the risks they face behind the wheel when their parents are involved in their driving skills. When parents enact driving rules, teenagers are less likely to engage in risky driving behavior. When teenage passengers are in the vehicle with these young drivers, their perceptions of risks fade and they often engage in aggressive or illegal driving behaviors. The study was led by exerts at the Children’s Hospital of Philadelphia and at the Center for Injury Research and Prevention.

Our Naples car accident lawyers understand that teenagers are at higher risks for accidents than any other age group of drivers. Teens are four times more likely to be involved in an accident. Within the first study, researchers looked into the risks that teens took behind the wheel with and without parental monitoring. The study examined nearly 200 teens. It was concluded that teenage drivers who lacked parent involvement often engaged in more dangerous driving habits.

The second study looked at reports from more than 675 teenage drivers who were involved in serious accidents. This study revealed that in many of these accidents, drivers were distracted by other teen passengers. It also showed teens were more likely to perform illegal maneuvers or drive aggressively when another teen was in the vehicle. Teenage drivers were acting out more dangerous driving moves when teens were present in the car than when no one was in the vehicle.

“Distraction from peer passengers appears to play a prominent role for both male and female drivers,” said Allison E. Curry, Ph.D., MPH, the lead author on this study.

It was concluded that boys were affected by passengers differently. When male teen drivers had other young passengers in the vehicle, they were more likely to drive aggressively and speed. When female teen drivers had other young passengers in the vehicle, they were more likely to look at the other passengers, to eat, make phone calls and text. Regardless, both were prone to be subject to serious accidents.

According to the Governors Highway Safety Administration, the state of Florida is one of the only states that doesn’t regulate the number of passengers allowed in a vehicle with a driver before they get their full, unrestricted license. Through a comprehensive graduated driver’s licensing (GDL) programs, teenage drivers are often limited on the number of young passengers they can have in the vehicle at once. Because Florida lacks one of these safe-driving laws, parents are asked to stay involved in their teen’s learning process. Enforce safe driving rules within the household to help reduce their risks of an accident.
Continue reading ›

According to the Associated Press, the National Transportation Safety Board (NTSB) is investigating the recent chain-reaction collision that happened on I-75, just outside of Gainesville. This accident killed 10 people and sent 18 others to the hospital. The NTSB is contemplating whether it will formally join the investigation.
mjSQyai.jpg

The accident happened because drivers said they couldn’t see due to thick smoke that was drifting from a nearby brush fire. Fog and smoke are not limited to North Florida – they can be found throughout the state, particularly during the dry brush fire season. Car accidents in Sebring and elsewhere can result from these dangerous conditions, especially when a 62-acre brush fire is nearby.

Our Sebring car accident lawyers understand that the recent I-75 accidents happened in both the north and the southbound lanes. About 12 cars and six tractor-trailers were involved in the mess. Some vehicles caught fire. Right now, the Florida Highway Patrol (FHP) is conducting the investigation. Earlier in the day, the roadways were closed because of poor visibility. Officers later opened them, and then the second string of accidents happened.

The accidents happened at about 3:45 a.m. The heavy smoke along the roadway made it tough for even for emergency responders, who were arriving to assist victims.

The decision that the FHP made to reopen the highway after the first closure from smoke is being investigated. That investigation has been ordered by Governor Rick Scott.

“We came to the conclusion that the road was safe to travel and that is when we opened the road up,” Highway patrol spokesperson Lt. Patrick Riordan
The recent car accidents near Gainesville don’t mark the first time something like this has happened. Just four years ago, another serious accident was blamed on smoke and heavy fog. That accident killed four people and injured another 40 on I-4, in between Orlando and Tampa.

The State of Florida reports that your best bet is to just avoid fog and smoke along busy roadways like I-75. If you have to drive through it, the state warns that you should turn on your low-beam lights. High-beam lights only hinder your ability to see by reflecting your car’s headlight off of the fog or smoke and back into your eyes. When you’re driving through areas covered with dense smoke and fog, you want to slow it down. In these scenarios, you should always be ready to stop quickly. If you’re driving through fog, use your windshield wipers.

If the smoke or the fog has gotten so thick that you’re unable to see well enough to continue driving, pull over off of the roadway and turn on your emergency flashers. Make sure your car is completely off of the roadway.
Continue reading ›

Experts predict that nearly 150 million people will be sitting down in front of a TV set to watch the Super Bowl this weekend. The unofficial national holiday, Super Bowl Sunday, is a time to gather with other football fans and enjoy some good old American entertainment.

With the Super Bowl come a cornucopia of junk food – and alcohol. It is estimated that roughly 325 million gallons of beer will be consumed on the upcoming Super Bowl Sunday. With all of the football parties, local officials are expecting a surge in drunk driving car accidents in Fort Myers.
655092_football_5.jpg

Our Fort Myers drunk driving car accident lawyers understand that Super Bowl Sunday falls just behind New Year’s Eve and the Fourth of July for sheer number of DUI arrests. Whether you’re cheering for the New York Giants or the New England Patriots, it’s important that you celebrate with a plan. Be sure to arrange sober rides home for you, your friends and your family members to help avoid a car accident or a drunk driving arrest. The kickoff time of the big game is 6:30 p.m. Make sure to have all of your event details sorted out by then.

Experts at the University of Minnesota recently completed the most definitive study on watching sports and drinking alcohol, and the results are out just before the big game. The study concluded that nearly 10 percent of sports fans have a blood alcohol concentration (BAC) of 0.08.

If you’re going to a friend’s house or to a local sport’s pub for the big game, be sure that you have a safe and sober ride home. Consider going through the following tips before starting your Super Bowl party.

Big Tips for the Big Game:

-Be sure to designate a sober driver before the party even starts. It’s best to leave your car keys at home if you’re going to be drinking.

-Pace yourself. You don’t want to drink too much too fast. Be sure that you eat enough food, that you take a break from drinking and that you alternate the alcoholic and the non-alcoholic beverages.

-Before you leave your house, put the phone numbers to local taxis in your phone just in case.

-Always wear your seat belt. A seat belt is your best defense against injury or death in the event of a car accident.

Remember to recognize your Designated Driver when you’re out Partying:

-Offer to be the designated driver the next time your group goes out drinking.

-Offer gas money or to pay for parking.

-Make sure that your designated driver’s non-alcoholic beverage is always full.

-Cover their tab. Wings and non-alcoholic drinks aren’t the much in comparison to the cost of a life.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 200,000 football fans pledged to be designated driver this year. Enjoy your friends, enjoy the game and enjoy your weekend of football, but enjoy it safely.
Continue reading ›

You may have noticed. There are new digital traffic message boards popping up on roadways throughout Lee County. According to NBC2, these boards cost the county nearly $6 million, but safe-driving advocates are saying it’s the cheap way to reduce heavy traffic. The new system is called the Intelligent Transportation System and will work much like the ones you see on the interstate. The new signs are being used to warn drivers of traffic delays, road conditions, Amber Alerts, weather conditions and car accidents in Cape Coral and in Fort Myers.
mfdYnCU.jpg

Our Cape Coral car accident lawyers understand these signs were implemented by the county as a cheap way to reduce traffic in the area. Multi-lane projects can cost nearly $30 million. This sign project was less than $6 million. A lot of residents are saying that these signs aren’t going to fix anything. Many are worried drivers will become too reliant on these signs. Some are also saying these signs are taking away drivers’ self-sufficiency.

Officials backing the project strongly disagree.

The system isn’t fully operational yet. It’s about to start a thirty-day testing period. Officials believe it will be fully operational come March.

Tower says that drivers traveling from Fort Myers to Cape Coral and back will be alerted to bad situations on the bridge. This way, drivers will be able to make better informed decisions regarding how to get to their destination more easily.

On the NBC2 website, residents are voicing their displeasure with the new signs. One response post claims that the signs are unnecessary and a waste of money. It’s a driver’s responsibility to do their research before heading out of the house. Computers, radios and phones already alert us about traffic updates. Responses say that the $6 million could have been used to create something more tangible, like jobs.

Another response to the NBC2 article says that the $6 million is a waste because there are only a few ways to get across the river. If one way is congested, then everyone will be using the two other ways, which will subsequently be congested.

One response even stated, “I figure someone’s brother-in-law in the DOT sell these signs.”

Regardless of what is being done to help ease the traffic on our roadways, it’s still most important that drivers head out with a plan. Drivers are urged to check out weather conditions, road conditions and traffic conditions before leaving the house. It’s also important that you leave your house with plenty of time to spare just in case you run into an unexpected back up.

Until our traffic is reduced or our roadways are constructed to handle more vehicles, it’s important for drivers to be prepared, defensive and knowledgeable behind the wheel. With motorists working together, we can all do our part to make every day commutes flow smoothly.
Continue reading ›

A recent pedestrian accident in Fort Myers left a teenager in critical condition at Lee Memorial Hospital, according to The News-Press. The 16-year-old pedestrian was trying to make his way across Palm Beach Boulevard by Orange River Boulevard when he was hit by a van. The accident happened around 7:00 a.m.
mFHGY0A.jpg
Officials with the Florida Highway Patrol (FHP) report that the driver of the van tried to brake and swerve to avoid hitting the young pedestrian, but he was unable to do so. The pedestrian was taken to Lee Memorial with what medical officials classified as life-threatening injuries. Law enforcement officials report that the driver of the van will not face any charges or traffic citations because the pedestrian violated the right-of-way to eastbound traffic. The accident delayed traffic in the area for about 2 hours.

Our Fort Myers pedestrian accident lawyers understand how common pedestrian accidents along our Southwest Florida roadways. As we recently reported on our Florida Injury Lawyer Blog, the state of Florida has been ranked as the number one most dangerous state in the country for pedestrian accidents. If you’ve been outside, you can see that our mid-winter weather is absolutely beautiful. While other states are dealing with snow and ice, pedestrians across the state are free to roam under the warm winter sun. With the increase in pedestrian traffic, we’re likely to see an increase in the number of pedestrian injuries and fatalities. Motorists and walkers and urged to be cautious when traveling along our busy Florida roadways. Pedestrian accidents can be prevented with the proper safe traveling habits.

From 2000 to 2009, Lee County witnessed approximately 200 pedestrian fatalities, according to Transportation For America. Pedestrian fatalities accounted for about 20 percent of the recorded traffic-related deaths during this time period. Pedestrian deaths here are more than 40 percent higher than the national average.

Safe Kids of Lee and Collier County suggests that local and state officials enforce the following laws to help keep our young pedestrians safe:

-Reduce speed limits even more in residential neighborhoods. Neighborhoods are a common backdrop for young pedestrian accidents. The slower a vehicle is traveling at the time of impact, the higher the chances are for a pedestrian to survive.

-Better protection for pedestrians traveling on sidewalks. Sidewalks should be away from busy roadways.

-Offer more walkways and sidewalks for pedestrians. These pedestrian travel lanes help to keep pedestrians and motor vehicle traffic separate.

-Ban drivers from passing stopped school buses. Every year, many young pedestrians are hit while getting on and off the bus every year. Drivers need to exercise extreme caution in these areas as child pedestrians are present.

-Provide the community with more crossing guards at busy intersections. Crossing guards help to get pedestrians and motorists on the same page and provide safe organization of traffic for all.

-Require that all pedestrians cross streets and designated crosswalks only. Most fatal pedestrian accidents happen at non-intersection area.

Each year, almost 650 pedestrians are killed while walking. Streets are the number location for these types of accident, but don’t forget that pedestrian accidents can happen in a number of other spots, including on sidewalks, in parking lots and on driveways.
Continue reading ›

Driving without a license is a big problem here in the state of Florida. According to the Tampa Bay Times, there are about 15.5 million legal drivers in the state of Florida. There’s also another 2.2 million people who have a suspended or revoked driver’s license.
mlWzFkW.jpg

According to a recent study from the AAA Foundation for Traffic Safety, one out of every five drivers who is involved in a fatal car accident in Cape Coral or elsewhere has an invalid driver’s license or is unlicensed all together. From 2007 through 2009, more than 87 percent of drivers involved in fatal car accidents possessed a valid driver’s license.

Our Cape Coral car accident lawyers understand that while a majority of the drivers who were involved in fatal car accidents from 2007 to 2009 were properly licensed, there were nearly 10 percent of drivers who had a revoked or a suspended driver’s license. In addition to the suspended and revoked licenses, there were more than 1 percent who had denied, canceled or expired driver’s licenses and about 5 percent who were unlicensed all together. With these statistics, it’s safe to say that more than 18 percent of all drivers who were involved in a fatal car accident during this time were invalidly licensed or were unlicensed.

Many of these drivers were also driving without insurance, which can complicate an accident claim.

Drivers who are age 21- to 34-years-old are most likely to have a suspended or revoked license. But car accidents involving improperly or unlicensed drivers can happen to anyone. Roughly 50 percent of fatal car accidents involved unlicensed drivers of this young age group.

About 50 percent of all fatal car accidents that involved an unlicensed driver involved alcohol. Roughly 45 percent of those drivers were legally drunk, with a blood alcohol concentration of 0.08 or higher.

If that’s not bad enough, it is estimated that more than 32 percent of all fatal car accidents that involved drivers who didn’t have a valid driver’s license, resulted in a hit-and-run crash — the driver left the scene.

Unfortunately, with improperly licensed drivers come uninsured motorists. No one wants to get into a car accident, but it can be much more difficult than it has to be when an uninsured motorist is involved. It is critical for you to contact an experienced attorney if you have been in an accident with one of these drivers.

Car accidents can be awfully costly, including costs for property damage, injuries, fatalities and lost wages. Oftentimes, improperly licensed drivers and uninsured motorists are unable to pay appropriate funds over to the victims of the accident. For this reason, contacting an experienced attorney in this type of event is critical if you’re looking to defend your rights and collect what you deserve.
Continue reading ›

Preliminary data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) concludes that nearly 2,400 people died in car accidents in Naples and elsewhere throughout the state in 2011. While this newly released data illustrated fewer fatalities than that of the previous year, we’re still seeing far too many traffic-related fatalities throughout the state.

458058_concept_jeep.jpg

“While the six-year downward trend is encouraging, we continue our strategic efforts to drive down the number of crashes in Florida and the number of injuries and fatalities that come as a result,” says DHSMV Exec. Director Julie Jones.

Our Naples car accident lawyers understand that traffic accidents continue to be the number one cause of death for residents aged 4- to 34-years-old. It’s alarming that the number one cause of death for such a large age group of residents throughout the country is in fact preventable. Officials throughout the state will be continuing on through the New Year with safety campaigns and enforcement efforts to help to reduce these fatality numbers even more.

We’re able to look at the complete traffic accident statistics in Florida for 2010. The 2011 detailed statistics have not yet been released. So far, we only have the preliminary counts.

Traffic Accident Statistics in Florida for 2010:

-Total Accidents: About 235,460.

-Drivers Involved in Car Accidents: Roughly 338,110.

-Average Number of Accidents a Day: About 650,

-Average Mileage Death Rate (Per Million VMT): 1.25.

-Number of fatalities: About 2.445.

-Injuries: 195,105.

-Property-Damage Only Accidents: 108,535.

-Alcohol-Related Traffic Fatalities: Nearly 800.

-Drug-Related Traffic Fatalities: Nearly 110,

-Number of Pedestrian Fatalities: Nearly 500.

-Number of Bicyclists Killed: More than 75.

-Number of Teen Drivers Killed: Nearly 100.

In Collier County, there were nearly 300 traffic accident fatalities in 2010. In Lee County, there were Nearly 670 traffic accident fatalities.

The Lee County Sheriff’s Office is asking all drivers to start the New Year with a clean slate. In 2012, let’s all push for the safest roadways yet. Most traffic accidents are completely preventable and can be avoided with safe, alert and defensive driving habits. These habits include wearing a seat belt, abiding by posted speed limits, curbing distractions and buckling up. Remember that officers throughout the state will be on the hunt for dangerous and irresponsible drivers throughout the entire year. Avoid a ticket, an arrest and even a potentially fatal car accident by resolving to be a safe driver in 2012. Talk with your friends and family members about the importance of safe driving habits! Make the change to be a better driver in 2012!
Continue reading ›

Parents and educators have a brand new website to access resources regarding child safety seats. The new website, “Car Seat Safety for Kids,” recently went live. The informational site is a joint effort between the Center for Injury Research and Prevention (CIRP) and the Kohl’s Injury Prevention Program.

Parents and child passenger safety educators can view new videos that correspond with the latest car seat recommendations from the American Academy of Pediatrics (AAP) to learn how to better protect young passengers in the event of a car accident in Fort Myers and elsewhere.
1350860_hand-in-hand.jpg

“Supporting this site are the research experts behind the AAP recommendations,” says Suzanne Hill with CIRP.

Our Fort Myers child injury attorneys understand that traffic accidents are the leading cause of death for young ones aged 3- to 14-years old. Child car seats are one way to help turn this statistic around. From 1975 to 2008, statistics reveal that there were approximately 8,960 young lives saved because of child restraints. Parents are urged to visit a child seat inspection location in Florida to ensure that your child’s car seat is properly installed. It is estimated that roughly 70 percent of all child seats are improperly installed by parents and guardians in the United States.

According to the Centers for Disease Control and Prevention (CDC), there were nearly 1,500 deaths among individuals age 14 and younger as a result of traffic accidents in 2009 in the country. Another 180,000 were injured in these incidents. Experts report that the number could have been much lower had all children been properly buckled into the proper safety seats throughout the year. Studies conclude that nearly 620,000 children under the age of 12 rode in a vehicle without being properly seated in a child’s car seat or a booster seat.

The likelihood of a child restraint use is directly correlated with the use of a seat belt by the parent or the driver. Of the child fatalities in 2009, about 40 percent of children who were not wearing a seat belt were riding with drivers who were not wearing a seat belt.

How Do Child Seats Help?

-Car seats reduce the risk of injury by more than 70 percent for infants and by more than 50 percent for toddlers.

-All types of enforcement campaigns have been proven to increase the child car seat usage.

-Booster seats reduce the risk of injury among children who are age 4- to 7-years-old by nearly 60 percent.

-Airbags increase a child’s risk of death in the event of an accident. Always keep a child’s car seat in the back seat.

Drivers, parents and guardians are asked to take the time to review the current recommendations regarding child car seats and be sure to buckle little ones in during every car ride. Your responsibility can help to save their lives in the event of a car accident in Fort Myers.

Important Dates Regarding Child Safety:

September 16th to the 22nd: Child Passenger Safety Week and National Seat Check Saturday.

-October 14t to the 20th: National Teen Driver Safety Week.
Continue reading ›

Badge
Badge
Badge
Badge
Contact Information