Florida Injury Lawyer Blog

Christmas Tree Fires in Fort Myers are Quick and Unexpected Way to Ruin the Holidays

December 19, 2011 | Associates and Bruce L. Scheiner

With the holiday season here, many people in the area have Christmas trees in their homes and businesses. While these festive symbols of the season brighten the holidays, they can also be the source of tragic accidents. That’s why it’s important to take appropriate safety measures to help avoid a Christmas tree fire in Fort Myers.
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From 2005 to 2009, there were more than 200 home fires every year in the U.S. that were the result of a Christmas tree catching fire. These accidents kill more than 10 people and injure nearly 30 residents annually. If that’s not bad enough, the holiday fires cost more than $16.5 million in property damage each year. These accidents aren’t common, considering they really only happen in the months of December and January, according to the National Fire Protection Association (NFPA). When they do happen though, they’re oftentimes serious.

Our Fort Myers injury lawyers understand that one out of every five tree fire accidents is started because someone put a heat source too close to the tree. These accidents are completely preventable. Following a few simple safety measures can help ensure Christmas trees do not catch fire.

Christmas Tree Safety Tips:

-If you’re one of those who like to ring in the holidays with an artificial tree, get one that has been labeled as fire resistant or fire retardant.

-If you like to celebrate the holidays with the smell of fresh pine needles, you should pick a tree that doesn’t throw its green needles on the ground when you touch it.

-After choosing the perfect spot for your tree, cut an inch or two from the base of its trunk before setting it in its stand.

-Place your tree three feet from walls, fireplaces, heat sources, candles, space heaters, lights or vents.

-You never want to set up your Christmas tree in front of an exit. If it goes up into flames, how are you going to get out?

-Give your tree lots to drink. Provide it with water daily.

-Make sure your tree lights have the approval label of an independent testing laboratory. There are some lights that are designed for indoor use and some for outdoor use, but never for both.

-You never want to connect more than three strands of lights together.

-Shut off the lights on your Christmas tree before you go to bed and before you leave the home.

-When Christmas is over and your tree starts throwing all of its needles on your floor, it’s time to get rid of it. Trees that are dried out pose as serious threats for home fires. Don’t keep old trees in your home or in your garage.

We wish everyone a safe, happy and fire-free holiday season.
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Officials Pushing for Tougher Nationwide Laws to Help Curb Distraction-Related Car Accidents in Fort Myers and Elsewhere

December 17, 2011 | Associates and Bruce L. Scheiner

Earlier this week, the National Transportation Safety Board (NTSB) proposed a new measure that would have all states make it illegal to use a cell phone behind the wheel, according to The News-Press. This proposal came after a meeting where officials discussed an accident that happened in Gray Summit, Missouri, in 2010 in which a cell phone-using driver made calls and text messages just seconds before allegedly causing an accident that killed two and injured nearly 40 others.

Currently, there are no laws in the state of Florida that regulate the use of a cell phone or text message devices for drivers, according to the Governors Highway Safety Association. In 2010, there were roughly 3,100 people who died in distraction-related car accidents, including car accidents in Fort Myers and elsewhere. Officials believe that number could be much higher because of all of the unreported incidents.

Our Fort Myers car accident lawyers understand that bills were already filed by a House Democrat and a Senate Republican to make it illegal for drivers under the age of 18 to talk on a cell phone while driving. A third bill from Republicans in both chambers is aiming to make texting behind the wheel illegal for all drivers. Florida is one of the only states left that has yet to enact such laws to regulate these behaviors for drivers.

In other states, drivers are allowed to talk on the phone but are not allowed to text while driving. Enforcement of these laws is oftentimes difficult because an officer is unable to tell if a driver was making a call (which isn’t always illegal) or text messaging (which is illegal in 35 states). A nationwide ban on these activities would make enforcement much easier and would help to make our roadways safer.

“According to the National Safety Council, drivers using cell phones look but fail to see up to 50 percent of the information in their driving environment,” said the NTSB.

The NTSB recommends that all states and the District of Columbia enact the following:

-Make it illegal for drivers to use portable electronic devices, except during emergencies.

-Replicate the National Highway Traffic Safety Administration’s (NHTSA) high visibility enforcement model to enforce these laws.

-Create campaigns to help to inform residents of the new laws and of the increased enforcement efforts to support these laws. Included in these campaigns should also be information regarding the risks, dangers and consequences that are accompanied by the use of portable electronic devices behind the wheel.

“Needless lives are lost on our highways, and for what? Convenience? Death isn’t convenient,” said NTSB Chairwoman Deborah Hersman. “So we can stay more connected? A fatal accident severs that connection.”

The NTSB isn’t the only one pushing for these new laws either. The National Safety Council (NSC) recently commended the NTSB for its efforts to make roadways nationwide safer for everyone.

“This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation’s roadways,” said Janet Froetscher, of the NSC.

The NSC predicts that nearly 1.5 million crashes, or nearly 25 percent of all accidents, involve a driver who is distracted by a cell phone.
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Local Officers in Search of Drunk, Drugged and Distracted Drivers to Prevent Fatal Car Accidents in Lee County through Holidays

December 14, 2011 | Associates and Bruce L. Scheiner

December rings in holiday cheer throughout the state, but it also rings in the deadliest season for car accidents in Fort Myers and elsewhere. To help stop the number of deadly car accidents, a number of local officers, healthcare providers and nonprofits will be using the entire month to raise awareness about the importance of safe driving habits, according to The News-Press.

Commissioner John Manning recently announced at a press conference held at the Lee County Sheriff’s Office that the department will be launching the 4D Prevention Month campaign, which targets distracted, drugged and drunk drivers. The campaign is known nationwide as 3D Prevention Month, but local enforcement agencies have added another D to the mix, distracted drivers.

Our Fort Myers car accident attorneys understand that you’re most likely to die in a car accident over the holidays than during any other time of the year. For this reason, drivers are asked to be extremely cautious, sober and alert behind the wheel. The number of traffic accident deaths has increased by nearly 20 percent from this time last year. According to the Florida Department of Highway Safety and Motor Vehicles, Lee County has already experienced nearly 70 deaths on our roadways so far in 2011. At this time in 2010, we had seen just about 50.

“We’ve all worked fatal accidents over the holiday season,” said Ft. Myers Police Chief Doug Baker. “Make this holiday season a safe holiday season.”

So far this year, the Lee Memorial Trauma Center has witnessed nearly 70 fatalities compared to only 65 for the whole year in 2010. Medical officials are worried that this year’s number will increase much more with the holiday season ahead of us.

The number of car accident-related fatalities in Collier County has seen a decrease from last year to this year though, seeing less than 40 in 2010 to only 28 this year.

Of all of the people who died in the trauma center because of car accidents during 2009 and 2010, about 50 percent of the drivers involved had a blood alcohol concentration (BAC) over the legal limit. About 30 percent of the involved drivers tested positive for marijuana or cocaine.

Alcohol and drugged drivers aren’t the only ones who are contributing to these high fatality rates though, distracted drivers are putting in their fair share, too. Drivers who text or make phone calls at the wheel are just as dangerous as drunk drivers, studies conclude.

“They’re no longer just texting. They’re checking emails, they’re Googling, they’re posting on Facebook. It’s scary,” said Jay Anderson of Stay Alive…Just Drive!.

There will be more sobriety checkpoints and routine traffic stops throughout the holiday season, conducted by the Fort Myers Police Department and the Lee County Sheriff’s Office, to hunt down these dangerous drivers.
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Lookout for Signs of Fort Myers Nursing Home Abuse in Fort Myers when Visiting Loved Ones

December 12, 2011 | Associates and Bruce L. Scheiner

As many of us know, there may come a time when we have to place our elderly loved ones in a nursing home. It’s important to remember that you have options, though, and you need to explore those options when searching for the right home. Nursing home abuse and neglect in Fort Myers can come in a number of scenarios. Nursing homes can be understaffed and your loved one can be offered inadequate treatment. It’s important to remember that nursing home residents have rights. It’s important for you to know those rights and to protect them, for yourself and for your loved ones.

Our Fort Myers nursing home abuse attorneys understand that many families already have loved ones in nursing homes. The holidays serve as a time to make more frequent visits to these elderly friends and family members. Visitors are urged to keep an eye out for signs of abuse or neglect when visiting these loved ones. We are here to help you to get an idea of what to look for during these visits to help ensure that your loved ones are properly cared for.

When visiting, Medicare.gov suggests you make sure the following are available:

-Licenses: Make sure that the nursing home and the administrator are licensed by the state.

-Background Checks: Make sure the nursing home is screening employees for a history of abuse that meets the state’s requirements.

-Special Services: Many nursing homes offer special services, including hospice, Alzheimer’s care and rehabilitation services. Make sure that the home has a facility guideline for when residents should be placed in these special units.

-Staff Training: It’s always a good sign when the home’s staff has employees who are trained to recognize resident abuse and neglect, how to effectively deal with aggressive or difficult residents, and how to deal with the stress of caring for so many needs.

-Incident Reporting: Make sure the home has a way to report events of abuse or neglect. If there are any claims, look into how the home investigates, reports and resolves such complaints.

-Loss Prevention: There should be policies in place to safeguard resident possessions.

-Inspections: Ask to see a copy of the most recent nursing home inspection report.

-Physical Restraints: Make sure there’s enough staff present to assist residents at all times. Many residents need help moving in and out of beds and chairs. Visit on the weekend or during the evening to make sure they’re fully staffed during these times in addition to its peak hours.

-Meal Times: Are residents receiving help, if needed, during meals? Make sure that your loved one is allotted enough time for their meals.

-Turnover: A high turnover rate for a nursing home is a bad sign. Look into the positions of the certified nursing assistants (CNA). If there’s a high turnover rate in these positions, a problem may be present. If so, ask to speak with the administrator or director of nursing to see why staff changes are so frequent.

So spend some extra time with your loved ones over the holidays, and while you’re there do some poking around to make sure they’re well taken care of.
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Dog Bite Injuries in Fort Myers Could Be More Common During Holiday Season

December 11, 2011 | Associates and Bruce L. Scheiner

According to the Centers for Disease Control and Prevention (CDC), there are nearly 5 million Americans who suffer dog bite injuries nationwide every year, which includes any dog bite injury in Fort Myers and elsewhere in South Florida. Statistics show that one out of every five dog bite incidents requires medical attention.

During the holiday season, residents across the state will be venturing out to visit with friends and family members. A majority of these holiday gatherings will be at people’s homes where dogs are present. Although dogs may be referred to as “man’s best friend,” they can be unpredictable and dangerous. Our Fort Myers dog bite injury attorneys ask that everyone take the proper safety precautions to protect people, especially young children, from a dog-related injury. Nearly 1,000,000 people are injured every year from “man’s best friend.” Many of these accidents happen during holiday gatherings when dogs are exposed to unfamiliar people.

In 2006, more than 31,000 Americans underwent reconstructive surgery because of dog bite incidents. Many of these injuries happened to children. Young ones between the ages of 5- and 9-years-old are more likely than any other age group to suffer a dog bite-related injury. People who have a dog in the household are more likely to experience a dog bite injury. As the number of household petsincreases, so does the number of dog bite accidents. Households with more than two dogs are proven to be five times more likely to experience a dog bite-related injury than a household that doesn’t have any dogs.

If you’ll be heading to a holiday gathering where a dog will be present, here are some tips to keep in mind and to share with family members and friends:

-Children should never approach a dog they don’t know.

-When children are afraid of a dog, they shouldn’t run or scream.

-When alarmed, a child should stand still (or “be like a tree”).

-If your child gets knocked over by a dog, the child should get into a ball and remain still.

-Children shouldn’t play with a dog unless an adult is present and is supervising.

-You should report a stray dog or any dog that is displaying unusual behavior.

-Children should avoid direct eye contact with a dog.

-Never bother a dog while it’s caring for its pups, eating or sleeping.

-Always allow a dog to sniff you before you pet it.

-If a child is bitten, it should reported to an adult immediately.

Parents are urged to keep dogs away from children during this year’s holiday gatherings. Children don’t typically understand the proper behavior to exercise when near dogs. At the same time, dogs can be unpredictable. Have a safe and Happy Holiday season!
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Back-Over Car Accidents in Fort Myers a Holiday Threat to Pedestrians

December 10, 2011 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration (NHTSA) has previously proposed to require rear-view cameras on all vehicles to help prevent back-over car accidents in Fort Myers and elsewhere. With Christmas and New Year’s right around the corner, it’s a popular time for friends and family to gather for holiday celebrations. With the beautiful Florida weather, children will get to play outside during many of these celebrations. With this comes the fear of back-over accidents injuring and killing small children. Unfortunately, this is a common occurrence in parking lots and in residential roadways.

“There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle,” said U.S. Department of Transportation Secretary Ray LaHood.

Our Fort Myers car accident attorneys understand that back-over accidents commonly occur at low speeds and typically happen as a driver backs out of a driveway or out of a parking space. Pickup trucks and sport utility vehicles are more likely to cause one of these accidents because of their size and their large blind spots, but all vehicles are capable of this devastating accident. All motorists are encouraged to look completely around their vehicle before getting in and reversing to help prevent one of these accidents.

The NHTSA is looking to make back-up cameras standard on all vehicles by 2013. These cameras would be automatic and would turn on whenever a vehicle is in reverse. While the new technology will help to reduce the frequency of these accidents, driver awareness is still the number one preventative. You’re urged to always make sure of where your children are and to make sure there’s no one behind your vehicle before starting your car and backing up.

Pedestrians of all ages, but especially the elderly and children, are at a risk of being a victim of one of these types of accidents.

According to the NHTSA, there are nearly 300 people killed and another 18,000 injured every year because of back-over accidents in the U.S. Of those killed in these accidents, more than 220 involved a vehicle that weighed less than 10,000 pounds. More than 40 percent of these fatalities involved children under five, which illustrates a high percentage of victims among any age group. Nearly 35 percent of the fatalities were experienced by pedestrians over the age of 69.

Here are some safety tips from the NHTSA:

-Teach young ones to never play in or around vehicles.

-Always keep a close eye on young ones when they’re near vehicles.

-Always walk completely around your vehicle before reversing.

-Teach children to move away from vehicles whenever a driver gets in a car or when a vehicle starts.

-Have your children stand away from driveways and on a sidewalk so you can see them as you back out.

-Back up slowly so that children can react in case they dash behind your car unexpectedly.

-Take extra care when reversing in a large vehicle. Roll down your windows while reversing so you can hear what’s going on as your back up.

-Teach children to keep bikes and toys out of the driveway.
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Another Bill to Reduce Risks of Car Accidents in Fort Myers and Elsewhere Caused by Texting Drivers

December 8, 2011 | Associates and Bruce L. Scheiner

Florida is one of the few states left that doesn’t have any laws in place that prohibit drivers from text messaging behind the wheel. Rep. Irv Slosberg, D-Boca Raton, is trying to change all that. Slosberg lost his daughter in a car accident with a distracted driver a few years ago. He’s been pushing the ban ever since. Similar bills have failed to make it through, though. Many believe it’s because officers would have a difficult time enforcing the rule, while others think it’s because of the “anti-government regulation atmosphere” that’s prominent in Tallahassee. Distracted driving-related car accidents in Fort Myers continue to plague our roadways as drivers are free to call and text whomever they wish without the fear of punishment.

“It’s worse than being drunk,” Slosberg was quoted as saying in a recent news article.

Our Fort Myers car accident attorneys understand that almost every other state in the U.S. has enacted laws to regulate driver distraction. Locally, Collier and Lee counties have stopped bus drivers and school employees from driving while using a mobile device, but the state needs more than that. From 2001 to 2007, there have been nearly 16,150 deaths from traffic accidents that involved a texting driver. Officials believe the actual number is much higher as there’s no sure way to know whether a driver was texting behind the wheel right before an accident.

According to a recent study by Car and Driver magazine, texting behind the wheel puts a driver at more risks for an accident than one who is legally drunk behind the wheel.

Truck drivers have been proven to be nearly 25 percent more likely to crash when texting and driving at the same time.

Both Slosberg and state Rep. Ray Pilon, R-Sarasota, are pushing for the bill because they say that driving and texting are a lethal combination, according to The News-Press.

But wait! Those aren’t the only two to back the bill, State Rep. Kathleen Passidomo, R-Naples, says she’s on board as well. She says it makes too much sense and that she’s seen drivers on our roadways swerve all over the place while text messaging at the wheel. Lee County Sheriff’s Office officials also support the ban, saying they are committed to continually pursue roadway safety measures that can help save lives.

The bill would make texting while driving a secondary offense. This means that a driver would have to be pulled over for another driving infraction first. But, if you’re busted texting while driving, you could get six points on your license. It only takes 12 to have your license suspended.

Slosberg recognizes that getting the bill through isn’t easy, but says that sooner or later lawmakers will make the right decision for traffic safety.
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Fort Myers Car Accident Results in Motorcyclist’s Death

December 5, 2011 | Associates and Bruce L. Scheiner

A 73-year-old man from Cape Coral was killed in a recent Fort Myers car accident as his motorcycle and a 85-year-old female’s vehicle collided, according to Naples Daily News. The Florida Highway Patrol reports that the accident happened at the corner of Pine Ridge Road and McGregor Boulevard just after noon.

The elderly driver of the passenger vehicle pulled out in front of the man’s motorcycle and caused a collision and him to fly off of his bike. He was not wearing a helmet at the time of the accident and was pronounced dead on scene.

Our Fort Myers car accident attorneys understand that the holiday season brings millions of tourists to the Sunshine State for some warm holiday vacations. Most of these visitors travel by motor vehicle. During this time, risks for accidents increase significantly. Teen drivers and elderly drivers are some of the most vulnerable drivers on our roadways throughout the remainder of the year. It is important to keep an eye on the elderly drivers in your life to make sure they’re OK and feel confident to safely navigate our roads. With age comes deteriorating senses and at some point the inability to drive safely.

The fatality rate for drivers starts to steeply climb beginning at the age of 65. Drivers between the ages of 75- and 84-years-old see a death rate of about three per 100 million miles driven. This fatal accident rate is about the same as that of teenage drivers. For drivers over the age of 84, the fatality rate is about four times higher than that of teens.

Signs signaling that a driver might not be safe behind the wheel, from ABC7:

-Getting lost when driving along a familiar route.

-Discovering new dents and scratches on your vehicle.

-Having a difficult time moving your body within the vehicle, to push pedals, to turn to look around the vehicle, etc.

-Getting frequent tickets and warnings from officers.

-Getting into frequent fender benders or near-misses.

-Receiving a recommendation from a doctor to stop driving because of health issues or prescribed medications.

– Having a tough time reading road signs or seeing other traffic devices.

-Driving too slowly or too fast for no apparent reason.

If you notice any of these symptoms in your elderly loved ones, consider sitting down with them and discussing your concerns about their safety on our roadways. Remember to reiterate that these symptoms don’t paint a picture of helplessness and that it doesn’t mean they’re no longer independent. Work alongside your loved ones to understand your concern and help to accommodate them to prevent an accident on our busy roadways this holiday season.
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Teen Drivers at Serious Risks for Fort Myers Car Accidents through Holidays

December 3, 2011 | Associates and Bruce L. Scheiner

The holiday travel season is upon us and risks for car accidents in Fort Myers drastically increase during this time. Drivers are urged to plan accordingly for holiday road trips to avoid hazards. Parents, this is an excellent time to talk with teenage drivers about the dangers they’re likely to face on our roadways. Road traffic increases significantly as many visitors make Florida their holiday destination, according to WINK News. Discuss safe driving habits with the young drivers in your life before it’s too late.

Our Fort Myers car accident lawyers understand that weekends and evenings are the most dangerous time for motorists to be on our roadways. You’re urged to check out the Florida 511 app to learn about other real-time traffic delays on our local roadways. Helping to keep your young drivers away from dangerous and busy roadways can help to keep them safe during the busy holiday season.

“Being prepared, understanding what’s ahead, slowing down for conditions, or just being alert or prepared, goes a long way toward safety on our roads,” said Debbie Tower with the Florida Department of Transportation.

Teen drivers are four times more likely to be involved in a traffic accident than the drivers of any other age group. Talk with your teenager about safely and cautiously navigating our roadways to help avoid a serious traffic accident over the holiday season.

The Florida Department of Highway Safety and Motor Vehicles offers these tips for parents to share with their teen drivers:

-Make sure all vehicle occupants wear a seat belt at all times.

-Limit the number of passengers who your teen can drive with. Each passenger increases your driver’s risks of getting into an accident.

-Check vehicle tires before venturing out. Tires should be in good condition and properly inflated.

-Always make sure the windshield is clean for maximum visibility.

-Never allow your gas tank below a quarter of a tank. You never know where you’ll get stranded.

-Never drink and drive or ride along with any driver who has been drinking.

-Drive with your headlights on, even during the day, to increase your visibility to oncoming drivers.

-Get the directions you need before you head out rather than while you’re driving.

-Obey all speed limits, traffic signals and traffic lights.

-Curb all distractions when driving.

-Never blast the music in your car. Loud music serves as a driver distraction, too.

-Be aware of the weather conditions and the traffic conditions.

Florida Highway Patrol will be out in full force throughout the remainder of the holiday in search of irresponsible drivers. Be safe, courteous and obedient behind the wheel to ring in a safe, injury-free and Happy New Year’s.

If you spot someone on our roadways driving dangerously, please pull over and call F.H.P. at *347.
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Video Campaign Illustrating Pedestrian Accidents in Florida Deemed Too Graphic by Senator

November 28, 2011 | Associates and Bruce L. Scheiner

Everything can be regulated by parental control these days, but not pedestrian accidents in Fort Myers and elsewhere. A recent public service announcement released on the “See Blindspots” website is a little too offensive, says Florida State Senator Mike Fasano.

The video’s complaint center has received a number of concerning opinions stating that the video is too graphic. This content shows the real-life accidents that we see on Florida roadways every day. Fasano says these videos shouldn’t be visible to young viewers.
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The “See the Blindspots” safety program was launched to help raise awareness about the dangers that pedestrians face all over the state of Florida and to urge drivers to navigate with more consideration for our on-foot travelers, according to Digital Journal.

Our Fort Myers pedestrian accident attorneys understand how prevalent pedestrian accidents are on our roadways. Florida has been named numerous times as the most dangerous state in the U.S. for these types of accidents. Florida State Representative Irv Slosberg supports this website and the message it accompanies to the fullest. Slosberg previously lost his daughter in a similar accident.

Rep. Slosberg says that there’s nothing wrong with the violent nature of this video because of how big of a problem it is on our state’s roadways. He says that he feels that this video is warranted because of the nature of the problem. Pedestrian and vehicle accidents in the state are alarmingly common and the public needs to know about it.

Florida saw nearly 500 pedestrian fatalities in 2009. These accidents placed the state as the number one deadliest state for pedestrian accidents, followed by Texas and Georgia, with less than Florida’s number and with significantly lower numbers since then.

“We’re going backwards instead of forwards. A lot of it has to do with driver distraction: cell phones, texting and driving,” says Rep. Slosberg.

Senator Fasano says families and Florida residents shouldn’t be forced to relive the pain and agony of their loss as illustrated in the video. No records of anyone, including students or drivers, have been found required to video to be watched.

Many of the accidents shown in the pedestrian-awareness video involve distracted drivers. In 2009, there were nearly 5,500 accidents caused by distracted drivers. Still, the state of Florida has yet to enact a law prohibiting any driver from engaging in this behavior.

Florida has continued to be named, year after year, as the most dangerous state in the country for fatal pedestrian accidents. According to First Coast News, nearly 10 pedestrians die and more than 20 are injured every week in our state.

Florida holds the top four slots for most dangerous metropolitan areas for pedestrian accidents in the entire country. From 2000 to 2009, there were nearly 5,200 pedestrian fatalities in our state. These accidents cost Florida more have $22 billion, according to Transportation for America.

“We need something graphic on air. A powerful message is needed to make an impact,” said Slosberg Continue reading ›