Florida Injury Lawyer Blog

Florida Brain Injury Case Highlights Complexity of Brain and Spinal Cord Injury Litigation

January 15, 2012 | Associates and Bruce L. Scheiner

After a 14-year legal battle, a Broward County man is set to receive $10.75 million after suffering brain injury in a Florida car accident by a speeding Broward deputy, the Sun-Sentinel reported.

Few accidents are as devastating as those that result in a spinal cord injury or brain injury. As veteran Florida spinal cord injury attorneys, we understand the importance of securing the resources necessary for life-long care.

According to the Centers for Disease Control and Prevention about 200,000 people in the United States are living with a spinal cord injury. As many as 20,000 new cases occur annually. Cost of living with a spinal cord injury is estimated at $30,000 a year, with lifetime costs often exceeding $3 million.

Nearly half of all spinal cord injuries are the result of car accidents.

Brain injuries are even more common, although many of the 1.7 million cases each year involve mild TBI, such as a concussion. Still 52,000 die as a result of traumatic brain injury each year in the United States.

In this case, the 32-year-old man has lived with a brain injury that has left him largely confined to a wheelchair for 14 years after the 1998 accident. The college-bound high-school student was injured when a speeding Broward sheriff’s deputy slammed into his vehicle on the way to work.

Complicating this case was law that protects government agencies from liability in excess of $200,000. It illustrates the complex nature of pursuing a government liability claim in Florida and why an experienced law firm must always be called to handle such cases.

A jury ruled that the sheriff’s office should pay $30.7 million. However, liability limits prevented the payout. The family ultimately reached agreement with the Broward Sheriff’s Office and its former insurance company. The $10.75 million will go to pay for the victim’s care.

The settlement requires the legislature to pass a claims bill. The Senate began that process this week with a 37-2 vote.

These are very serious, complex cases. Insurance companies, and even doctors and hospitals, may quickly begin to distance themselves from liability after an accident. We have all seen and marveled at the recovery of Congresswoman Gabby Giffords after she suffered a brain injury in an assassination attempt a year ago. However, it’s important to remember that the Congresswoman has had world class health care.

When it comes to rehabilitation, insurance companies may be particularly reticent. Yet it is rehabilitation that will make the greatest difference when it comes to a victim’s ability to recover.

When a brain or spinal cord injury occurs, only the most experienced and resourceful law firms should be trusted with a victim’s future and a family’s financial well-being. Do not speak to the insurance company. Do not sign any paperwork. Do not accept any payments. And do not admit any fault.

Contact an experienced law firm to meet you at home, at their office or in the hospital. The most respected firms in the state will not charge you unless they are successful in making a recovery on your behalf.
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Florida Airplane Accidents: Reno Air Disaster and Exception in Safe Year for Aviation

January 13, 2012 | Associates and Bruce L. Scheiner

General aviation accidents have declined for the fourth year in a row, according to the National Transportation Safety Board.

Our Florida airplane accident attorneys applaud the news. Yet we know it is high season for private airlcraft traffic in Florida. Florida is the private aviation epicenter of the nation. And the start of the winter tourism season signals the busiest months of the year.

Unfortunately, Florida airplane accidents are common. These are complex cases and can involve out-of-state airplane owners or leasing companies, maintenance contractors, air traffic controllers and federal regulations. Founding Attorney Bruce L. Scheiner is a licensed private pilot. Florida Trial Attorney Preston J. Scheiner is also a pilot, with multi engine and instrument ratings. P.J. Scheiner is also licensed to fly the Citation jet series of aircraft.

At Associates and Bruce L. Scheiner, we understand the issues involved in litigating Florida aviation accidents. From the time of an accident, right through to the resolution of your case, you can rest assured that our firm has the knowledge, experience and resources to fight for your rights.

The NTSB reports there were 1,435 GA accidents — a two-decade low. The record low comes even as the total number of flight hours has started to climb for the first time since the start of the Great Recession.

In 2010, a total of 450 people were killed in general aviation accidents — that’s down from 478 in 2009. The Aircraft Owners and Pilots Association is analyzing accident details in compiling its annual comprehensive report on accident causes, which in turn will help shape pilot training and education.

“Complacency remains the enemy of safety, and we continue to develop new programs for 2012 that dig deeper into the causes of accidents,” said Bruce Landsberg, president of the association’s Air Safety Institute. “Most accidents result from causes that have plagued aviation for years. That story, unfortunately, is little changed.”

One black mark on aviation’s 2011 record was the airshow tragedy in Reno, where 11 spectators died and 70 were injured at the National Championship Air Races when a plane crashed into the crowd. The plane was piloted by veteran pilot and air racer Jimmy Leeward, owner of Leeward Air Ranch near Ocala, Florida.

The Washington Post reported this week that the Federal Aviation Administration is unlikely make drastic changes. If the FAA becomes aware “of a risk that exceeds the boundary of what we think is acceptable, we will make those changes. But not currently,” John McGraw, the FAA’s deputy director of flight standards.

It was the worst airshow disaster since 1961, when an accident in Colorado killed 20.
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A New Year and a Fresh Start for Reduced Risks of Car Accidents in Naples

January 11, 2012 | Associates and Bruce L. Scheiner

As we recently reported on our Florida Injury Lawyer Blog, law enforcement agencies throughout Southwest Florida were out on the hunt for dangerous drivers through the busy holiday season. During this time, the Lee County Sheriff’s Office and hundreds of law enforcement offices were pushing “4D Prevention Month,” which targets drunk, distracted and drugged drivers.

The increase in patrolling efforts is over, but the risk for car accidents in Naples and elsewhere throughout Southwest Florida continues through the busy winter tourism season. We would like to ask all residents to make a New Year’s resolution to be a better driver in 2012. Safer roadways start with you. Pledge to drive defensively, to drive soberly, to curb distractions and to be courteous to other drivers in the New Year.

Our Naples car accident attorneys are here to offer you some defensive driving tips from the Florida’s Department of Motor Vehicles. In 2010, which are the most recent traffic accident statistics available, there were nearly 236,500 car accidents in the state of Florida. Of these accidents, there were more than 2,440 people killed and another 196,100 people injured. All of these numbers illustrate a decrease from the previous year. Let’s all work together to help to reduce these numbers even further in 2012.

Safe Driving Tips from Florida’s Department of Motor Vehicles:

-Always practice the two second rule. Never tailgate another vehicle. The less time there is between your car and another car the less time you have to react to a road hazard.

-Never drink and drive. Driving requires your full attention, which is not available to a driver who is drunk. Alcohol significantly hinders your judgment behind the wheel. Keep in mind that a DUI can cost you roughly $8,000 and will remain on your record for 75 years.

-Stay calm. Don’t be an aggressive driver. These types of drivers cause traffic accidents rather than prevent them.

-Keep your focus on the road. Avoid distractions such as eating, playing with the music, using a cell phone, text messaging or talking with passengers. Distractions take a driver’s attention off of the road and increase the risks for accidents. Distraction-related accidents take the lives of thousands every year.

-Always wear a seat belt. These devices have the ability to save your life in the event of an accident.

-Be cautious of bicyclists and pedestrians. These travelers are much more vulnerable to injury and death in the event of an accident. They have the same rights to the road as motorists. Be cautious and courteous.

-Obey all traffic signs and lights. These devices are used to keep drivers safe.

-Always follow the speed limit. Remember that these limits are to be used for ideal weather conditions. When it’s foggy or rainy on our roadways, slow it down.
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National Campaign Urging Drivers to Pitch In to Reduce Risks of Distraction-Related Car Accidents in Fort Myers, Nation

January 7, 2012 | Associates and Bruce L. Scheiner

Our Fort Myers car accident attorneys have recently been discussing the dangers of driving distracted. We’ve discussed the recent recommendation from the National Transportation Safety Board (NTSB) that asks all state government officials to make it illegal for all drivers to use portable electronic devices at the wheel. Now, there’s another campaign coming to get drivers to put down the phones and curb the distractions while operating a motor vehicle. The most recent campaign comes from Distraction.gov, the Official U.S. Government Website for Distracted Driving.

The new campaign from Distraction.gov involves a pledge that drivers across the country are urged to take. This pledge asks drivers to vow to make a conscious effort to curb distractions, help others to curb distractions and to spread the word about the cause. With snowbirds and vacationers arriving nearly every day, traffic on Florida roadways will be heavier than ever. This means that your risks for a car accident in Fort Myers and elsewhere in Southwest Florida are higher than normal. Drivers are asked to remain focused and alert at the wheel.

Although Florida is one of the few states left that has not enacted any laws to stop drivers from texting or making phone calls at the wheel, drivers in the state are urged to take Distraction.gov’s pledge to help make our roadways safer. The first step to safer roadways and fewer car accidents starts with you.

Take the pledge today!:

-Pledge to give up cell phones and text messaging devices while operating a motor vehicle.

-When you’re a passenger in a vehicle and the driver is engaging in distractions, speak up!

-Urge your family and your friends to take the pledge and to put away the portable communication devices while driving.

While this campaign focuses on cell phone and text message device usage, it’s important to remember that there are a number of additional distractions that can cause deadly accidents on our roadways.

Other distractions include:

-Eating or drinking while driving.

-Talking with passengers takes your attention off of the roadway, too.

-Vehicles come equipped with plenty of mirrors. They shouldn’t be used to applying makeup and grooming while driving.

-Drivers should refrain from reading at the wheel. This includes road maps.

-Drivers should use GPS devices while the vehicle is stopped in a safe location.

-Many vehicles come with TVs and electronic visual displays nowadays. Don’t operate these devices while navigating on our roadways.

-CD players, MP3 players and radios can serve as deadly distractions, too. Adjust these devices only when you’re stopped, like at a stop sign or at a red light.

Please be cautious and alert at the wheel to help to avoid an accident.
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Continuous Efforts from Transportation Officials to Help Reduce Risks of Distraction-Related Car Accidents in Naples, Nation

January 6, 2012 | Associates and Bruce L. Scheiner

Recently, the U.S. Department of Transportation announced a final rule to ban all drivers of commercial trucks and drivers of buses from using hand-held cell phones while driving. The rule is the latest attempt by the federal government to curb distractions to help prevent car accidents in Naples and elsewhere.

As we recently reported on our Florida Injury Lawyer Blog, officials now are taking another stab at making our roadways even safer by proposing a rule to make all cell phone use and the use of all other portable electronic devices illegal for all drivers in the country.

“Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake,” said USDOT’s Ray Lahood.

Under the rule applying to truckers and bus drivers, they could face a fine of nearly $3,000 if they’re observed using a hand-held cell phone at the wheel. In addition to a personal fine, a company could face fines upwards of $10,000. While about four million drivers are affected by this rule, the nationwide proposal from the National Transportation Safety Board (NTSB) would affect all drivers on U.S. roadways.

As we head into snowbird and tourist season, traffic on our roadways will be busier than ever. Every year, millions of people both from the United States and foreign countries make Florida their winter destination. With the increased traffic, we also typically see significant increases in our risks for car accidents, trucking accidents and motorcycle accidents as well. Drivers are asked to be cautious especially when the weather is bad or while driving at night. Be smart, think about the great responsibility that comes along with driving, and head out with a plan to avoid one of these potentially fatal incidents.

Tips to Avoid Distracted Driving, from Naples Daily News:

-Take advantage of your voice mail. Consider setting up a message to alert callers that you may not be answering because you’re driving and you’ll call them back at your earliest convenience.

-Store your phone in the backseat, center console, glove compartment or elsewhere out of reach.

-Turn your phone on silent or shut it off before starting your vehicle.

-If you must answer a phone call, or make one, pull over to a safe area and then do so.

-Never D.U.I.T. – Drive Under the Influence of Texting.

-Ask a passenger to make/answer a call if needed.

Remember that Florida is one of the only states left in the country that has yet to enact some sort of law to regulate these distractions for drivers. We are asking all drivers to willingly give up the distractions behind the wheel. Don’t make them more even dangerous by driving while distracted.
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Motorcyclist Injured in Fort Myers Accident: Motorist Caution Requested through Holiday Season

January 1, 2012 | Associates and Bruce L. Scheiner

A recent motorcycle accident in Fort Myers left a Cape Coral cyclist severely injured and in the hospital. Officers with the Fort Myers Police Department responded to the accident, which involved the motorcycle and a small passenger car on Cleveland Avenue. The motorcycle was heading south when a small Toyota, heading north, attempted to make a left-hand turn and drove into the path of the biker. After the collision, the motorcyclist was taken to Lee Memorial Hospital. The driver and the passenger of the car were injured as well and also taken to the hospital, according to the North Fort Myers Neighbor. Authorities report the motorcyclist was wearing a helmet.

Our Fort Myers motorcycle accident lawyers understand that motorcycling is a year-round activity here in Southwest Florida. Unfortunately, so are accidents. We’re in the heart of the winter season, and while bikers across the country have hung up their bike keys for snow shovels, riders in Florida are still cruising the open road in the beautiful Florida warmth. We are asking all motorists to be cautious of our two-wheeled friends on the road. Thousands of tourists and snowbirds are already arriving in Florida, traveling to the beaches, shopping malls and other destinations. Please be cautious and alert for the safety of all motorists on our roadways during this time.

As we recently reported, the overall traffic fatality numbers for the U.S. have shown a decrease in the last year. The new statistic also serves as the lowest number since 1949, but the truth of the matter is that during this time the number of motorcycle accident fatalities experienced a significant increase.

Motorcycle Tips from NBC2:

-Because there are so many more cars and trucks than motorcycles, many drivers don’t even recognize motorbikes as actual vehicles. Remember to treat a motorcyclist with the same courtesy as you would any other driver.

-Motorcycles may look like they’re much farther away than they actually are. This is because they appear to be so small. When looking for oncoming traffic, always assume that a motorcycle is closer than it appears.

-A lot of drivers have difficulty seeing them because of their small size as they get lost in vehicle’s blind spots easily. Make sure you take that extra second to check for a motorcycle traveling around you before making a turn, pulling out into traffic or switching lanes.

-Never tailgate a motorcycle. Many of these drivers will slow their bike down by downshifting, which doesn’t activate brake lights, instead of hitting the brakes.

-Remember that blinkers on motorcycles aren’t self-canceling like the ones are on passenger vehicles. Be aware of a motorcyclist’s intentions.

We would also like to remind riders in the area of Cape Coral Bike Night. This is an event in which the City of Cape Coral Parks and Recreation hosts a biker event to draw in motorcycle enthusiasts from the area. Associates and Bruce L. Scheiner, Attorneys for the Injured, is a proud sponsor of the event and invite you to join us at the next events:

-February 11th 2011, from 5 to 10 p.m.

-April 14th 2011, from 5 to 10 p.m.
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Distraction-Related Car Accidents in Naples and Elsewhere Still Likely with Hands-Free Phone Use

December 30, 2011 | Associates and Bruce L. Scheiner

There are no laws on the books that regulate driver distractions in Florida, according to the Governors Highway Safety Association. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are pushing for a nationwide ban on the use of portable electronic devices for drivers everywhere. This ban would include all forms of electronic communication.

Although there were more than 3,000 people killed in distraction-related car accidents in Naples and elsewhere throughout 2010, not all states agree with the idea of an overall ban. Distraction-related laws started hitting the books back in 2000. Since then, no state has enacted a full ban for all drivers, according to CNN. According to the executive director of the Governors Highway Safety Association, Barbara Harsha, these laws are difficult to enact because oppositions strongly voice their opinions of government intrusion, saying these laws hinder people’s personal freedoms.

Our Naples car accident attorneys understand many states have banned only hand-held cell phone use in an attempt to make roadways safer. The problem with that is that recent studies from the National Safety Council (NSC) have determined that just banning hand-held devices isn’t going to solve the problem considering that hands-free devices are just as dangerous and distracting to drivers. It seems that the battle of driver safety will be continuous and until drivers make safety a top priority and willingly curb the dangerous habits, we can continue to expect unnecessary, careless deaths on roadways across the nation.

“It’s going to take a long time for legislatures to pass laws, and a long time for states to begin to enforce the laws, and then a long time for behavior to start to change,” said Harsha.

According to David Adkins with The Council of State Governments, lawmakers feel that trade groups and constituents think total bans like this are excessive and states won’t go for a total ban. He compared a potential ban to an 18th Amendment of today — a prohibition that wouldn’t work.

According to the NSC, distractions have become such a big problem on our roadways that they’ve joined the list for the top contributors to fatal accidents, alongside speeding and alcohol.

“Distracted driving” was listed as Webster’s Dictionary as Word of the Year in 2009. During the year:

-There were over 200 state bills introduced in an attempt to curb cell phone use — talking and texting — for drivers. Laws that made it through were considered front-page news!

-The U.S. Department of Transportation (USDOT) launched the Distracted Driving Summit, in which the Secretary of Transportation, Ray LaHood, called the most important meeting in the department’s history.

-President Obama issued an Executive Order banning federal employees from texting behind the wheel.

-Public polls illustrated that a majority of American drivers support such anti-distraction laws.

Recent studies illustrate that drivers can’t “multi-task” as well as they think. The truth of the matter is that no one can evenly focus on two activities as well as if they were focusing on one. While many people have proposed hands-free cell phone use as a solution to the driver distraction problem, it has been proven that these devices are just as dangerous. When focusing on another activity, drivers see less of the road and they react slower, all contributing to higher risks for an accident.
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Car Accidents in Fort Myers and Elsewhere Leading Cause of Death for 3- to 34-Year-Olds

December 29, 2011 | Associates and Bruce L. Scheiner

We oftentimes hear that car accidents in Fort Myers and elsewhere are the number one cause of death for teenagers. But did you know that these incidents are the number one cause of death for people ages 3- to 34-years-old, according to the National Highway Traffic Safety Administration (NHTSA)?

The NHTSA broke down the numbers of fatalities and the causes for these deaths in 2006 and determined that car accidents take the lives of more people ages 3- to 34-years-old than any other cause of death. Because of all the young lives that are lost in these incidents, car accidents were ranked third in the overall terms of years of life lost. This refers to the approximate number of years that a person may have had left to live when he or she was killed, based on expected life spans. Car accidents are behind only heart diseases and cancer.

Our Fort Myers car accident lawyers understand the dangers that motorists of all ages face at the wheel. Poor driving habits contribute to thousands and thousands of deaths every year. In 2010, there were roughly 33,000 people killed because of traffic crashes.

Top Causes of Death in the U.S. in 2006:

-Children under 1-year-old: Perinatal Period.

-Toddlers ages 1- to 3-years-old: Congenital Anomalies.

-Individuals ages 3- to 34-years-old: Motor-Vehicle Crashes.

-Individuals 35- to 64-years-old: Malignant Neoplasms.

-Individuals over the age of 65: Heart Disease
To help reduce your risks of a car accident, there are a few safety tips that you can follow. Many car accidents can be avoided with a little planning and some extra alertness at the wheel.

Safe holiday driving tips from NBC2:

-Check your vehicle out. Make sure your turn signals are working. Your best bet is to have a certified mechanic do it for you. In addition to checking your bulbs, you should make sure that you tires are properly inflated, your brakes are working properly and that all of your fluids are full. Go get a tune up before heading out!

-Get plenty of sleep. It’s no secret that our attention span isn’t what it used to be. When taking long road trips, stop for plenty of breaks and switch drivers if necessary.

-Can the distractions. “Make a rule that nothing requiring a battery charge reside in the front of the car,” says Gordon. Use your road trip as a chance to spend quality time with friends and family members in the car. Enjoy the journey. Take in the scenery.

-Be courteous of other motorists. Keep your emotions and feelings in check. Never tailgate and abide by the speed limit. Merge with extreme caution and stay in the right lane unless you’re passing another vehicle. Bottom line, you should show goodwill toward all.
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Despite Fewer Reported Fatalities, Officials Still Target Drunk Drivers in Fort Myers through Holidays

December 25, 2011 | Associates and Bruce L. Scheiner

Just a few weeks ago, Mothers Against Drunk Driving (MADD) announced its excitement about the decrease in drunk driving car accidents in Fort Myers and elsewhere. The victory may have been a tiny one, but any success within this fight is notable. In the recently released statistics from the National Highway Traffic Safety Administration (NHTSA), it was concluded that the number of drunk driving accident fatalities decreased by about 5 percent from 2009 to 2010.

“One life impacted by this terrible crime is one life too many, as there are still more than 10,000 drunk driving fatalities and hundreds of thousands of injuries every year,” said Jan Withers, president of MADD.

Law enforcement agencies from across the state of Florida aren’t ready to call it a win and aren’t taking this news lightly, as we recently reported on our Florida Injury Lawyer Blog. Despite the recent announcement of a decrease in the number of alcohol-related accident fatalities, the Lee County Sheriff’s Office and hundreds of other offices will still be exercising heightened enforcement to track down drunk drivers through the holiday. The Lee County Sheriff’s Office continues to pursue its “4D Prevention Month” through the holiday season.

As we discussed, the 4D campaign is targeting distracted, drugged and drunk drivers throughout the holiday season to make our roadways a little safer for everyone.

According to the U.S. National Institute on Alcohol Abuse and Alcoholism (NIAAA), roughly 40 percent of all traffic accident fatalities that happen during the Christmas and New Year’s holidays are alcohol-related. This is a 12 percent increase over the rest of the month of December.

The Fort Myers Police Department offers you these holiday safety tips to help prepare everyone for the busy holiday travel season:

-Go out with a plan. If you’re planning on drinking, you should plan on designating a sober driver, too. It’s important to keep an eye on your loved ones as well to make sure that they don’t get behind the wheel after drinking alcohol. Please celebrate responsibly!

-If you see a friend of a family member drinking, consider taking their keys away from them. Your intervention could help to save lives.

-If you’re hosting a party, make sure there are non-alcohol beverages available for designated drivers and non-drinkers to enjoy. Make sure that all of your drinking guests leave with a licensed driver who is sober, too!

-If you think you’ve spotted someone on our roadways who might be impaired, call the police and report the make, model and color of the vehicle including the location and direction it’s heading and a description of the driver if possible. Don’t try to stop the car yourself. Let authorities take it from there. Your call can save a life!
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Florida Drivers Asked to Curb Distractions to Help Prevent Car Accidents in Florida and Elsewhere

December 24, 2011 | Associates and Bruce L. Scheiner

Since state lawmakers are dragging their feet when it comes to enacting laws to regulate driver distractions in Florida, federal officials are stepping to the plate to help get these types of laws enacted. Earlier this year, the U.S. Department of Transportation revealed its decision to call for a final rule to ban commercial drivers of trucks and bus drivers from using hand-held cell phones while operating these large vehicles. Before this, these drivers were only outlawed from using text messaging devices while driving. As we recently reported on our Florida Injury Lawyer Blog, officials with the National Transportation Safety Board (NTSB) are now making a recommendation for all drivers to be prohibited from using any type of portable electronic device while behind the wheel to help to reduce the risks of distraction-related car accidents in Fort Myers and elsewhere.

“Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake,” said Federal Motor Carrier Safety Administration (FMCSA) Administrator Anne S. Ferro.

Our Fort Myers car accident lawyers understand that as we round out the remainder of 2011, our risks for car accidents in Southwest Florida will increase significantly. Although Florida is one of only a few states in the U.S. that has failed to enact a law to regulate these distractions for drivers, everyone is urged to willingly curb these distractions while driving along our busy roadways through the holiday season. Behind the wheel, our attention is meant to be placed on the roadway and not on unnecessary electronic devices or other types of distractions.

The Florida Highway Patrol offers these safety tips to help to curb distractions:

-Always keep driving as your number one priority. If your phone rings when you’re driving, just let it ring. If someone needs to talk to you or tell you something, they’re sure to leave a message. You can always call them back once you’ve stopped your vehicle in a safe place.

-Always keep your eyes on the road and your hands on the wheel. Dial a phone number when you’re stopped at a stop sign or at a red light. If you’ve got to answer a phone, do it in a way that you don’t have to reach far for your phone or search for it in your car.

-Always be ready. If you know you’re expecting a call, either call the person before you start driving to tell them you’ll call back later or keep your phone in an easily accessible place in your car.

-Keep the conversation light. Try not to engage in lengthy conversations at the wheel. Lengthy, in-depth conversations can take your attention off of the roadways. Keep driving as a primary task.

-Always use your common sense. You know when it’s safe to talk on a phone and when it’s not. If it can’t wait, you’re best to make it wait. No phone call or text message is worth someone’s life.
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