Florida Injury Lawyer Blog

Thanksgiving Travel Creates Higher Risks for Car Accidents in Fort Myers

November 25, 2011 | Associates and Bruce L. Scheiner

As the Thanksgiving holiday weekend approaches, many residents anticipate a time away from work to spend with friends and family. According to the AAA Foundation for Traffic Safety, more Americans will be traveling over the holiday weekend this year compared to last year even though gas prices are significantly higher. In 2010, the average cost of a gallon of gas was $2.88 over the holiday weekend. Last week’s average was $3.39 per gallon, according to CNN.

The American Automobile Association reports that approximately 43 million U.S. residents will be traveling more than 50 miles during the Thanksgiving holiday. This is about 4 percent more travelers than the 2010 holiday weekend. The increase in travelers is expected to increase our risks for a car accident in Fort Myers and elsewhere throughout Southwest Florida.

Our Fort Myers car accident attorneys understand that the increase in visitors, tourists and seasonal residents in our area makes our roadways much more dangerous. If you haven’t noticed, our roadways are densely populated with those out-of-state license plates. These out-of-town drivers greatly increase risks of accidents. These drivers are oftentimes unfamiliar with the area and are unfamiliar with the traffic flow and road laws. For this reason, it’s important for at-home drivers to be cautious, alert and defensive on our roadways,

Thanksgiving is the first holiday in quite some time in which travel is expected to significantly increased. During Memorial Day, the high cost of gas kept travel stable with the recent year’s numbers. During Labor Day and Independence Day, travel actually decreased. AAA suspects that since most travelers stayed home and saved some money during recent holiday weekends, they’ll be hitting the road, throwing their financial concerns to the wind for the upcoming holiday weekend.

“As consumers weigh the fear of economic uncertainty and the desire to create lasting family memories this holiday, more Americans are expected to choose family and friends over frugality,” said Bill Sutherland, vice president of AAA Travel Services.

The projected increase in travel is what AAA calls the result of “pent-up demand” from those who’ve skipped out on previous holiday weekends to save some money in a tight economy.

Driving will be the most common way that Americans will be getting to and from their destination over the holiday weekend. The projections for air travel are shaky. AAA says that air travel will increase by about 2 percent from last year’s numbers, while the Air Transport Association of America says it’s expecting a 2 percent decrease.

Drivers are urged to get prepared before venturing out on a road trip over the Thanksgiving Day holiday weekend. By taking a few precautionary steps, we can all help to keep our roadways safe and to keep smooth travels going through the first of the year.

Road Trip Safety Tips:

-Always plan your route before departing.

-Bring a paper map in addition to a GPS.

-Have your car checked out by a mechanic before heading out.

-Check your tires before departing and bring a tire pressure gauge to check them often.

-Always have a first-aid kit.

-Bring activities to entertain children.

-Check your spare tire and your tire jack.

-Remember to bring your cell phone and the charger.

-Write down important phone numbers.

-Research your route to make sure there are no events or construction that could hinder your travel.Locate alternative routes if needed.

-Leave with plenty of time to compensate for delays.

-Stop and rest often.

-Enjoy!
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Florida Ranks 4th for Worst Drivers in America – FHP Cracks Down for Thanksgiving

November 24, 2011 | Associates and Bruce L. Scheiner

Florida drivers rank 4th for having the worst drivers in America, according to CarInsuranceComparison.com.

The American Motorists Association and the National Highway Traffic Safety Administration recently conducted a study and ranked states by their number of fatal car accidents, the number of tickets issued, the number of drunk driving accidents along with drivers’ ability to obey traffic devices. Our state ranked 27th for having the most fatal car accidents in Fort Myers and elsewhere, but 4th overall for all categories.

Because of our dangerous road reputation, the Florida Highway Patrol will be combing our roadways over the Thanksgiving holiday weekend in search of drivers who are endangering other motorists. From November 23rd to the 27th, officers will be on the lookout for speeding drivers, aggressive drivers and drunk drivers. All state troopers, including reserve and auxiliary troopers will be focusing their efforts on making our roadways safer over the holiday period.

Our Fort Myers car accident attorneys understand that Florida drivers received the most traffic tickets in the entire country. We were also ranked at 40th place for having careless drivers. With the Thanksgiving, Christmas and New Year’s right around the corner, our roadways are most congested than ever. Not only are we dealing with the shoddy driving habits of resident drivers, but we also have to share the roadways with the unfamiliar out-of-town drivers.

With our state in the bottom four for worst drivers in America, Florida deals with some high-priced insurance rates and serious risks for car accidents.

Along with the winter season comes those out-of-state drivers. Motorists are asked to travel with cautious, patience and alertness on our roadways. Driving habits need to be adjusted to accommodate the increase in traffic flow during this time of year.

“Allow yourself plenty of time to reach your destination safely, drive sober and buckle up on each and every trip. The holidays are a time for celebration, but we cannot forget safety behind the wheel,” Col. David Brierton, director of the Florida Highway Patrol.

The Florida Highway Patrol offers drivers these tips to help everyone get to their holiday destination safely:

-Make sure that you get plenty of rest before heading out. All too often, accidents are caused by sleepy drivers on our roadways. Get at least seven full hours of sleep before venturing out on our roadways.

-Be aware of all road signs, signals and speed limits. Always obey road laws.

-Make sure you leave with plenty of time to spare. Rushing to your destination puts you at serious risk for an accident.

-Never drink and drive.

-Always wear a seat belt. They’re nearly 50 percent effective in preventing injury to a front-seat occupant in the event of an accident.

-Curb all distractions. This includes making phone calls, sending texts, eating, playing with the radio, etc.
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Boating Accidents in Lee County Rank Top Five in State

November 23, 2011 | Associates and Bruce L. Scheiner

This is the second part of our two-part blog series in which we are discussing the commonality of boating accidents in Fort Myers and elsewhere throughout the state. The most recent state statistics provided by the Florida Fish and Wildlife Conservation Commission indicate that there were nearly 70 boating-related fatalities on our waterways in 2009. There were nearly 80 in 2010. Florida ranked number one for the year, followed by California with nearly 50 fatalities. Florida has the most registered vessels in the country, with nearly 942,000 in 2010. Of the near 80 fatalities, Florida Fish and Wildlife Conservation Commission investigated nearly 90 percent of them, while officials from sheriff’s offices looked into about 8 percent and police investigated about 3 percent.

There were fewer registered vessels in 2010 than in 2009, but there were more fatalities reported. Our Fort Myers boat accident attorneys understand that the most dangerous months on our waterways are May, July and November, but boaters are asked to practice caution all year round. Most boating accidents in 2010 occurred between 4 and 5:59 p.m.

Most common Florida Boating Fatal Accidents:

-Falling overboard: 26.

-Colliding with another vessel: 9.

-Flooding (Swamping): 8.

-Collision with a fixed object: 4.

-Fall in boat: 2.

-Skier hit object: 2.

-Fall on personal watercraft: 1.

-Collision with a person/falling object: 1.

-Grounding: 1.

Locations of fatal accidents:

-Lake/pond: 21.

-River/creek: 14.

-Bay/sound: 13.

-Ocean/Gulf: 10.

-Canal/cut: 6.

-Inlet/pass: 4.

-Port/harbor: 3.

-Other: 2.

Most of these accidents occurred on propeller vessels in 12 to 16 feet of water. Open motorboats were the most likely to be in an accident. Operators between the age of 35 and 50 were most likely to get into a fatal accident, yet operators between the ages of 22 and 35 were most likely to navigate the water without formal boater education even though they were the second highest group to have boating education. Boating is a popular activity for this age group.

Florida residents accounted for 90 percent of the boating-related fatalities in 2010. Non-residents accounted for the remaining victims. Alcohol or drug-related accidents accounted for nearly a quarter of all fatal accidents.

The most dangerous counties in Florida for fatal boating accidents:

-Monroe County: 103 accidents.

-Miami-Dade County: 72 accidents.

-Palm Beach County: 60 accidents.

-Pinellas County: 53 accidents:

-Lee County: 33 accidents.

-Broward County: 29 accidents:

-Brevard County: 23 accidents.

-Bay County: 22 accidents.

-Collier County: 20 accidents.

-Okaloosa County: 19 accidents.

-Volusia County: 18 accidents.

Miami-Date had the most issued boating education cards. More than 6,500 licenses were handed over to boaters under the age of 17. These boaters were most likely to receive a boater’s safety education card, followed by those ages 17 to 21.

Boating injuries and fatalities can be prevented with the proper safety measures and education.
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Black Friday Brings About Increased Risks for Injury in Fort Myers

November 21, 2011 | Associates and Bruce L. Scheiner

The Edison Mall, Miromar Outlets, Coconut Point, the Coastland Center Mall, Gulf Coast Town Center, Walmart, Best Buy, Target and even some car dealerships will be rolling out their biggest sales of the year to lure in consumers for this year’s Black Friday sale.

Unfortunately, this shopping event brings about increased risks for injury in Fort Myers and Naples. The Occupational Safety and Health Administration (OSHA) is here to address some of these risks and to provide companies with some safety tips to help prevent injury to both shoppers and workers on the biggest shopping day of the year.

Crowd-related injuries are a common occurrence during Black Friday sales. Back in 2008, a worker even died during the opening of a Black Friday event. Our Fort Myers injury attorneys would like to remind employers that they have a responsibility to provide employees, shoppers and site guests with safe conditions. Employers should start considering Black Friday safety procedures now to help ensure the safety of everyone on the biggest shopping day of the year and the kickoff to the holiday season.

Setting up for Black Friday:

-Make sure your business has the appropriate security officers and policy personnel to handle large crowds.

-Make sure you have enough employees on the clock. Strategically place these individuals in areas to ensure the safety of the event.

-Make sure all employees are trained on how to properly manage the event.

-Make sure you event meets all required safety measures. Permits and licenses should be obtained and the fire department, the local police and other emergency services are aware of the event.

-Designate an employee to be the contact person to get in touch with emergency responders if needed.

-Place signs throughout the area to indicate restroom location, entrances, exit, store operation hours and locations of sale items.

-Prepare an emergency plan to address the crowd. Train workers to handle these situations.

Before the event:

-Make sure heavily populated areas have barricades and rope lines to manage the crowds.

-Allow customers to enter at individual intervals to break up the rush.

-Designate employee to explain operating procedures to customers.

-Make sure your employees have an effective way to communicate with one another.

-Consider using an internet lottery for popular sale items.

-Make sure that shopping carts and other potential hazards are kept in a safe spot away from crowds.

During your sale event:

-Let all employees and customers know when the doors are about to open.

-Keep security personnel near entrances and exits.

-Keep an eye on your building’s maximum occupancy limit. Stop customers from entering once you’ve reached this limit.

-Provide shoppers with disabilities with a safe way to get in and out of the store.

-Keep emergency exits clear.

-Keep first-aid kits and Automated External Defibrillators (AEDs) on site.

Black Friday is the biggest shopping day of the year and if you’re a smart shopper you can snag some great deals. Everyone’s urged to be a safe shopper too!
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Boating Accidents in Fort Myers and Elsewhere Top Concern, Says Florida Fish and Wildlife Conservation Commission

November 19, 2011 | Associates and Bruce L. Scheiner

This is the first of a two-blog series in which our Fort Myers boating accident lawyers will discuss the dangers and risks that boaters face on Florida waterways. Newly released information from the Florida Fish and Wildlife Conservation Commission offers us a sneak peek into the seriousness of these types of accidents.

According to the 2010 Boating Accidents Statistical Report, there were nearly 700 boating accidents in Fort Myers and elsewhere throughout the year. These accidents resulted in nearly 80 fatalities. Most of these accidents were caused by drowning and victims falling overboard. Many of these deaths could have been prevented if more boaters wore life jackets.

Middle-aged boaters and older males are more likely to be involved in a boating accident, even though they typically have more boating experience than others. Most of these boaters failed to learn their boating skills through a boating safety course. The “Wear It Florida” campaign aims to get all boaters to wear life jackets, but targets this demographic because they’re least likely to wear them.

There were nearly 942,000 recreational vessels registered in Florida in 2010. Our state continues to have the most registered boats in the country. Officials believe that there are another one million boats that are non-registered and in use. They also believe this number is expected to grow.

In 2010, nearly 70 percent of the boat operators who were involved in accidents reportedly had no formal boater education. Monroe County had the highest number of boating accidents with nearly 80, about 7 deaths and nearly 60 injuries.

Falling overboard and drowning has been the number one cause of boating deaths. Even though these types of accidents are completely preventable, the number continues to increase. These types of accidents accounted for more than 60 percent of fatal accidents. May has proven to be the most deadly month on the water. May 2010 produced nearly 15 fatalities. More than 20 percent of all boating accidents involved alcohol or drugs. Nearly 90 percent of the fatalities occurred among males.

In 2010, personal watercrafts accounted for nearly 15 percent of registered vessels in the state. These vessels accounted for nearly 20 percent of the reported boating accidents for the year, with about 125 accidents. Nearly half of these accidents involved a collision with another vessel. Nearly 35 percent of these accidents happened in Miami-Dade, Pinellas and Monroe counties. Monroe County ranks number one for these types of accidents.

According to the 2010 Boating Accidents Review, Florida had the most boating accidents in the country in 2010. Coming in at number two was California, which had about 500 accidents. Nearly 50 more accidents were reported in 2009 than in 2010, even though the number of registered vessels decreased.

Lee County had more than 43,000 registered vessels in 2010. There were nearly 35 boating accident reports in Lee County throughout the year. These accidents resulted in four fatalities and nearly 20 injuries. These accidents ran a tab of nearly $551,000 and landed the county as the fifth most dangerous in the state.
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Three Killed in Boating Accident in Florida at Key West Offshore Championship

November 18, 2011 | Associates and Bruce L. Scheiner

Boat racing is a popular sport and common recreational activity in the greater Fort Myers area. The weather is beautiful and the water is just a hop, skip and a jump away. Unfortunately, boating accidents in Florida are a common occurrence. Take for instance last weekend’s Key West Offshore Championship, where three boat racers died as a result of boating accidents.

A Sarasota man died after his 850-class Skater catamaran flipped during the last lap of the seven-lap race. Roughly 200 people attended his memorial. His racing partner, from Fort Myers, was released from the Lower Keys Medical Center in Key West this weekend, according to The News-Press.

Our Fort Myers boating accident attorneys understand the risks involved in powerboat races off the shores of Florida, and how deadly these contests can be. In addition to the Florida boater’s death, a 74-year-old man and a 47 year-old man died when their 46-foot catamaran crashed during one of the races in Key West Harbor. The accident happened Nov. 9, which marked the start of the race. A memorial was held for the two a day later.

“It was the classic rollover type of accident; something we’ve seen before at turns,” John Carbonell, president of Super Boat International.

Officials are still looking into the accidents, but they believe the driver made too swift of a turn. During the accident, winds were sustained at 15 miles per hour with wind gusts reaching nearly 25 miles per hour. Wave heights were about three feet.

One of the men, Danny Crank, who was involved in one of the boating accidents, spoke out about the trauma he faced at the championship. He said the accident happened when he and the other boaters were traveling about 110 miles per hour. His accident happened when his vessel slammed into a wave, according to 7News.

Witnesses say that the canopy of the boat imploded into the boat’s occupants. Luckily the boat came back up to the surface after nose diving into the water. The survivor had bloodshot eyes and a cut ear, but says he’s thankful to be alive. He thanks the rescue team for being on hand and being so responsive and well-trained. He says the rescue team is always on his mind.

He goes on to say that he doesn’t race for the money. He says he grew up fantasizing about these racing boats and knew he wanted to do it one day. He says it’s not for everyone though.

“If you’re scared, then you shouldn’t be in the boat, because then you hesitate, and it makes things worse,” said Crank. “We all know the risks.”

The last fatalities in this competition happened back in 1995.

While boat racing is inherently dangerous, recreational boaters are also at risk of having an accident especially during the winter boating season.
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Antilock Brakes: Preventing Motorcycle Accidents in Fort Myers and Elsewhere, IIHS Says

November 17, 2011 | Associates and Bruce L. Scheiner

Motorcyclists who have bikes with antilock brakes have a better chance of avoiding a motorcycle accident in Fort Myers and elsewhere, according to the Insurance Institute for Highway Safety (IIHS).

The Institute recently released a brochure, “Motorcycle ABS: Why you want to ride with it,” to help get the word out about the safe braking system and why they’re better suited to keep you safe on our roadways. Information includes how they work, why they’re safer and how motorcyclists benefit. Tons of research has been conducted on this topic and the results are nearly unanimous: bikers with antilock braking systems are safer on our roadways.

The IIHS created this pamphlet for motorcycle retailers and advocates to pass out at motorcycle driving courses, motorcycle shops and other motorcycle venues. It’s being used to urge riders to choose the safer braking system to help save some lives on our roadways. Antilock brakes come as a standard feature on some motorcycles, but can be added on as an option on many others.

Our Fort Myers motorcycle accident lawyers understand that Florida is one of the top states for motorcycle accidents in the country. Our state provides perfect riding weather year round, attracting riders from across the country. With safe driving skills, the proper protection and antilock brakes, a motorcyclist can ride safer.

“Research shows that motorcycle antilocks dramatically cut the risk of a deadly crash,” says Institute president Adrian Lund.

Braking is much more difficult on a motorcycle than in a passenger car. Most motorcycles have two different brake controls. One is used for the front tire and a separate one for the back tire. Either brake can lockup during a quick stop, which can be extremely dangerous. When the tires lockup on a passenger car, the vehicle can skid. When the tires lockup on a motorcycle, the rider can lose his or her balance and could wind up in a fatal fall.

With antilock brakes, motorcyclists can hit the brake without the fear of the tires locking up. Here’s how it works: The brakes reduce pressure when it senses that the tires are about to lockup. The pressure is increased once traction is restored. The brakes do this because they can measure the speed of the wheel. The system will only step in when it senses that the wheels are about to stop spinning. A rider should not notice any changes during normal braking situations.

Motorcycles with antilock brakes have been proven to be nearly 40 percent safer on our roadways. According to the Highway Loss Data Institute, insurance claim filings have been reduced by more than 20 percent for motorcycles with the braking system.

In 2009, more than 4,000 people were killed in motorcycle accidents in the U.S. As more riders grab hold of the braking system, motorcycle advocates are hoping that this number will drop significantly.

You can send an email to publications@iihs.org to request a copy of “Motorcycle ABS: Why you want to ride with it.”
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Bicycle Accidents in Cape Coral a Risk as Bike Lane Debated

November 14, 2011 | Associates and Bruce L. Scheiner

Residents are concerned with the safety of the proposed bicycle paths in Cape Coral. According to an article in the Cape Coral Daily Breeze, the new paths along Agualinda Boulevard will do nothing more than increase the risks of bicycling accidents in Cape Coral. Some believe that these paths will further complicate traffic conditions at 45th Terrance and 44th Terrace and will put bicyclists closer to fast-moving traffic.

Because of the rise in elevation from the canal bridge, motorists’ and bicyclists’ visibility is extremely limited from both the north and south sides when traveling near Agualinda Boulevard. As of now, there are sidewalks on both sides of the road. Traffic officials are looking to add another bicycle lane. But some bicycle and pedestrian advocates worry that the lane changes will be putting motorists closer to them and closer to an accident.

Our Cape Coral bicycle accident lawyers understand that lane width is critical in keeping our bicyclists safe. This is a popular area for bicyclists and pedestrians to travel. Increasing the number of lanes will ultimately put these bikers closer to traffic and may serve to increase close calls or actual accident on Agualinda Boulevard near both 45th and 44th Terrace.

Rex Newman of Cape Coral asked city council members who are voting for this change to come out to these sidewalks to see just how scary they are. He says these council members will immediately see how little room is provided with the conditions as they are now. He says there’s little room on these roadways already since travelers are so tightly squeezed in with obstructed visibility. Imagine being a bicyclist, he says, and riding while vehicles zipping past at 40 miles an hour. He says picture that and add a bridge that you can’t see over. Both of these conditions provide risky situations for passing bicyclists, pedestrians and vehicles entering and exiting the roadways.

He goes on to say that the city would only be contributing to more accidents at these intersections if it were to add another bike lane.

“Why fix something if it ain’t broke?” he asks.

Detractors also claim it would be an unnecessary expense. For the construction of this one lane, it would cost the city nearly $20,000. That’s money that could be used on constructing a safe sidewalk near a bus stop or along a school bus route.

According to the News-Press, about 100 people want to nix the bike path idea. More than 90 opposing comments were submitted to the city during a recent open house.

Cape Coral’s Transportation Advisory Commission says that these lanes won’t interfere with traffic. These lanes they’re trying to build would travel along Beach Parkway from Oasis Boulevard to Agualinda Boulevard and another lane from Cape Coral Parkway to Beach.

“This process is driven by citizens. It’s not driven by an initiative from City Hall.” said city traffic engineer Rashad Hanbali.

According to Hanbali, it’s not illegal for residents to ride their bicycle on the sidewalk, but bicyclists should walk their bike when pedestrians are around.

Southwest Cape Coral Neighborhood Association supports the proposed bike lanes.

Overall, there are about three miles of lanes being proposed, which could cost the city nearly $60,000.

“Do we want it or do we really need it?” said Councilman Eric Kuehn. “Do we have the money to do this?”
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Hit-and-Run Driver Causes Motorcycle Accident — Paralyzes Man

November 12, 2011 | Associates and Bruce L. Scheiner

A recent motorcycle accident Naples left a family from Southwest Florida pleading for the public’s help to find a hit-and-run driver. The accident happened on Interstate 75 near Immokalee Road and left a man paralyzed. Officials have yet to catch the motorist responsible for the accident, according to

Weekend Accidents a Reminder of Season’s Risks in SWFL

November 10, 2011 | Associates and Bruce L. Scheiner

As we reported on our Florida Injury Lawyer Blog, the recent strand of fatal accidents should serve as a reminder of the risks we face on our roadways as we enter the holiday season. Winter, tourist season and the holidays bring increased traffic to our roadways and serious risks for accidents. Drivers are urged to be cautious throughout the remainder of the year.

A rash of serious and fatal car accidents in Fort Myers was reported over the weekend. This is a second warning to motorists to be super cautious and careful on our roadways.

Our Fort Myers car accident lawyers understand the risks all too well. According to NBC2, there was a fatal accident on McGregor Boulevard that took the lives of two people this past Sunday.

Fort Myers Police Department officials report that a small passenger vehicle was speeding on McGregor heading north when the driver left the roadway. That’s when the vehicle struck two trees and finally stopped as the vehicle hit a third. A 26- and a 29-year-old man died in the accident.

Another accident happened in Cape Coral when a vehicle left the roadway, hit a power pole and flipped on Kismet Parkway. Cape Coral Police Department says that both speed and alcohol/drugs were factors in this accident. Both the driver and the passenger were pinned in the vehicle until Cape firefighters and Lee County EMS responded.

Another accident in Fort Myers sent a motorcycle driver and a car driver to Lee Memorial Hospital. The accident happened on Cleveland Avenue. It happened when the passenger vehicle crossed over the northbound lanes and tried to make a left-hand turn. It hit the motorcyclist who was heading north.

Another accident in Lehigh Acres killed an Immokalee man. The accident happened near Wildcat Drive on State Road 82. This accident happened when a vehicle was trying to pass another.

Another accident happened on the same day in the southbound lanes of Interstate 75 right at the Daniels Parkway exit when a semi-truck toppled over. The accident injured two men.

This accident happened when a semi-truck used by Publix rear ended another vehicle right by mile marker 131, according to reports. The small vehicle was a Ford Escort that was driven by a 35-year-old man from Marco Island, according to Naples News. After impact, the Escort spun around and struck the side of the semi and was then thrown into the center barrier. The truck driver was a 48-year-old man from North Port.

The Florida Highway Patrol reports that the truck swerved back and forth after the collision and then flipped on its side. The truck blocked two of the three southbound lanes. The driver was stuck in the truck for nearly an hour. He was rescued and taken to Lee Memorial Hospital. The Escort driver was also trapped and was transported to Lee Memorial after being rescued.

The accident closed the Interstate’s southbound traffic for about four hours. The Florida Highway Patrol is still investigating.
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