Florida Injury Lawyer Blog

Summertime Safety Targets Injuries and Deaths in Fort Myers Car Accidents

June 9, 2011 | Associates and Bruce L. Scheiner

Now that school has let out for the summer, families are starting to take vacations and spend more time outdoors. It’s a good time to put our focus on summertime safety. The National Safety Council is offering their annual month-long June observance on safety awareness in hopes of reducing the number of preventable deaths or serious injuries that could occur this month and beyond.

June is National Safety Month, and this is the first of a series of blogs throughout this month that will focus on safety awareness to reduce the risk of personal injuries or car accidents in Fort Myers.

It’s also a good time for our Fort Myers accident lawyers to remind motorists that no matter how safe you are, the negligence of other motorists can lead to serious or fatal injuries. Those involved in an accident, should speak with a qualified attorney and make sure they understand their rights.

Each week in June, the National Safety Council will take on a different topic. Car crashes, overexertion and falls are all leading causes of preventable deaths and injuries. In 2009, there were an estimated 128,200. The recorded total of unintentional deaths in 1992 was 86,777 (lowest recorded total since 1924), which is 47 percent less than the 2009 estimate. Unintentional injuries cost Americans and employers about $693 billion nationally each year, or roughly $5,900 per household.

NSC will focus on the following topics each week:

-June 1-4, Summertime Safety: Summertime accidents often lead to unintentional injuries, so NSC is providing safety and health fact sheets to help prevent these kinds of injuries and fatalities. The key issues to be focused on are distracted driving, teen driving, workplace and off-the-job safety. The organization will be offering various tips on agriculture safety, inside and outside the home safety, environmental safety, road safety and school bus safety.

-June 5-11, Overexertion and How to Prevent it: Hospital emergency rooms treat overexertion frequently with sprains and strains being the most common types of injuries.

-June 12-18, Teen Driving Safety: Teen drivers are the age group most at risk, so promoting safety to this age group is critical to keeping streets and highways safer for everyone.

-June 19-25, Slips, Trips and Falls and How to Prevent them: Not only are older adults more prone to slips and trips, but falls are one of the leading causes of unintentional injuries that require professional medical attention.

-June 26-30, Cell Phone Use While Driving: Distracted driving is a contributing factor to the nation’s leading cause of unintentional deaths, which is motor vehicle crashes.

Everyone finds a little extra time during the summer months to do the things they enjoy the most. As you make your summertime to-do list, keep safety in mind as a top priority in order to keep you and your family safe from preventable injuries.
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Nursing Home Abuse in Florida Increases with Fewer Home Requirements

June 8, 2011 | Associates and Bruce L. Scheiner

Nursing home abuse and neglect in Florida is a far more common problem than the state acknowledges and yet state lawmakers are looking to loosen regulations at nursing homes, according to a recent article in the Orlando Sentinel. It is reported that the nursing home industry will have fewer staffing requirements and watchdog programs could become obsolete in recent moves made by state lawmakers.

Fort Myers nursing home neglect attorneys witness evidence routinely from families whose loved one has been a victim of abuse or neglect in a nursing home or assisted living facility. Elder care facilities have a responsibility to protect our loved ones — yet we often see signs of neglect like bed sores, malnutrition, infections, inappropriate living conditions, physical abuse, broken bones or insufficient caretaking.

The Long-Term Care Ombudsmen Program, established back in 1972, was meant to advocate for elders who live in nursing homes, adult care facilities, and assisted living facilities. The aim was to improve quality of life and resolve issues that arise within facilities at the local, state and national levels.

Federally funded, the program offers a voice for the elderly who are unable to speak up or defend themselves. It has over 1,200 full-time staff and another 8,600 plus volunteers working to help protect senior citizens living in elder care facilities. In 2009, 233,025 complaints were resolved and another 161,222 new cases were opened nationwide. The top 5 complaints from residents at nursing home facilities in 2009 were:

-Residents needing assistance were left unattended by nursing home staff.

-No notice or planning for eviction or discharge was given.

-Attitudes by staff were poor and exhibited a lack of respect for nursing home residents.

-Food being served to residents lacked in variation, quantity, and quality.

-Improper management and administration of medications given to residents.

Florida’s head ombudsman for the watchdog program was recently relieved of his responsibilities. The nursing home industry objected to the investigations of the 400 volunteer ombudsmen who were visiting nursing homes throughout the state and documenting instances of neglect or abuse while holding the facilities accountable for their unprofessional actions. The watchdog program to date has proven to be highly successful with a 98 percent satisfaction rating and over 9,000 investigations documented in a record high year. Unpaid workers kept the program cost-effective in an attempt to look out for the older population who can no longer take care of themselves.

Examples of neglect and abuse from recent reports in Florida include:

-A 75-year-old male suffering from dementia wandered out of the facility and was eaten by alligators.

-Evidence of illegal restraints being used by some facilities.

-An owner of an assisted living facility threatened residents with a stick while refusing them medication and food.

-A 71-year old died from burns obtained from a scorching bath.

-Residents were permitted to beat each other with 2-by-4s while staff stood and watched the behavior.

-Deaths at nursing homes from abuse and neglect are occurring on average of one a month.

These may be extreme examples, but they happen at facilities throughout the state. As the state makes moves to support the nursing home industry and hold elder care facilities less accountable for their actions, it becomes even more important to research your options before putting your loved one in an elder care facility. Make a checklist, visit numerous facilities and ask a wide variety of questions before choosing which facility is going to give the best care to your loved one. Avoiding incidents of abuse or neglect is the best thing you can do for your loved one during their final years.
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Program Could Improve Medical Response in Wake of Car Accidents in Lee and Collier Counties

May 31, 2011 | Associates and Bruce L. Scheiner

A new program could help save motorists involved in car accidents in Fort Myers. This new program is designed with Baby Boomers in mind and aims to provide emergency responders with vital information in the event of an accident, according to USA Today. The program makes critical information of drivers readily available in the first 60 minutes, or the “golden hour”, of a crash. This is often the time period that can make a difference between life and death for an accident victim.

This is how it works: The state distributes yellow dot stickers to put on your vehicle’s rear window. This yellow dot alerts emergency responders that there is a folder in the glove box, with the corresponding sticker, that contains useful and personal information like prescription information, a photograph, medical conditions and other similar information.

Our Fort Myers injury attorneys understand that information like this can be vital to emergency responders in the event of an accident. It is even more important when a driver is suffering from serious injuries and may not be able to communicate. While Florida is not one of the 8 states that currently participates in the program, we realize the need for a similar system.

“It’s a promising approach,” says Jonathan Adkins, spokesman for the Governors Highway Safety Association. “Actually, this is one of the goals of automated crash notification systems. Eventually, when there is a crash, these key data such as medication needed will automatically be available to EMTs. The Yellow Dot program may be a system that can be helpful in the meantime.”

The first Yellow Dot program was introduced in Connecticut back in 2002. Other states that currently practice versions of the program include Kansas, Illinois, Iowa, Minnesota, Massachusetts, Virginia, Alabama and New York. Georgia is currently considering the program.

“It is very nice to see innovative programs to address the unique risks associated with older Americans and car crashes,” says Peter Kissinger, president and CEO of AAA Foundation for Traffic Safety. “Since older individuals tend to have more medical conditions, are on more medications and are generally more fragile, this sounds like a well-justified program, especially in light of the growing number of older Americans.”

According to the National Highway Traffic Safety Administration, nearly 5,000 motorists over the age of 65 were killed in motor vehicle accidents in the United States in 2009. Another 187,000 of these motorists suffered serious injuries. The Yellow Dot program, influenced by these individuals, hopes to decrease these numbers as proper attention can be provided quicker with this information available in a motorist’s glove box. This age group of motorists made up nearly 20 percent of all traffic accident fatalities for the year and accounted for nearly 10 percent of all suffered injuries. Florida lost nearly 500 motorists belonging to this age group in 2009.
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New Report Ranks Florida Number One for Deadly Pedestrian Accidents

May 30, 2011 | Associates and Bruce L. Scheiner

Lee County Car Accidents a Memorial Day Weekend Danger

May 27, 2011 | Associates and Bruce L. Scheiner

The Fort Myers personal injury lawyers at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safe and enjoyable Memorial Day weekend. Whether on the road, on a boat or elsewhere with friends and family, please stay safe and celebrate responsibly.

Law enforcement officials will be executing a number of traffic operations over the long holiday weekend. The Fort Myers Police Department will be focusing on those who drive while impaired as well as motorists who are not wearing their seat belt. The department also will be conducting vehicle safety checkpoints in an effort to reduce the risks of injury and car accidents in Fort Myers.

The Lee County Sheriff’s Office joined the nationwide “Click it of Ticket” campaign that encourages all motorists to travel with their seat belts fastened. Their increased enforcement efforts began earlier this week and will continue on through the first week of June, according to Fort Myers Beach Talk.

“Your safety is paramount,” said Lee County Sheriff Mike Scott, “I just can’t urge driver’s enough to fasten that seat belt and make sure every occupant in the vehicle is properly secured, as well.”

Statistics for the Sunshine State reveal that we were ranked 26th in the nation for seat belt usage in 2009. Local officials believe that we will improve, particularly in the wake of the passage of the state’s primary seat belt law last year. The law now allows law enforcement to pull you over if you’re not wearing a seat belt. Currently we sit at a usage rate of just over 87 percent.

A recent survey of 12 Florida counties, showed that Lee County ranks second only to Collier County which current has more than a 90 percent compliance rate.

Florida saw more than 900 motor vehicle accident fatalities because of motorists not wearing their seat belts in the event of an accident last year. Nearly 20 of these deaths happened in Lee County alone.

This seat belt enforcement will be coupled with traffic stops aiming to crack down on drunk drivers, according to the News-Press.

The Fort Myers Police Department will be conducting a number of sobriety checkpoints at various undisclosed locations throughout the city.

According to the National Highway Traffic Safety Administration, the United States saw nearly 11,000 fatalities resulting from accidents that involved an alcohol-impaired-driver in 2009. These accidents accounted more than 30 percent of all of the traffic accident fatalities for the year. Florida alone witnessed more than 900 of the fatalities for that year.

In a last effort to crack down on the rules of the road this Memorial Day holiday weekend, Lee County deputies will be conducting vehicle safety checkpoints during the entire week. These checkpoints are aimed at checking for valid driver’s licenses, registrations and vehicle insurance. These stops are part of their initiative to inform and educate motorists about traffic safety rules and regulations.

Again, we urge all residents to be safe and cautious this Memorial Day weekend regardless of where you may be celebrating. Be sure to practice defensive driving skills, buckle up, do not drink and drive and make sure your vehicle meets all state and federal regulations.
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Sanibel Car Accident Kills Fort Myers Bicyclist on Sanibel Causeway

May 21, 2011 | Associates and Bruce L. Scheiner

A fatal bicycling accident in Sanibel is still being investigated by the Florida Highway Patrol. The accident, which occurred last week, killed a 46-year-old Fort Myers cyclist and caused the Sanibel Causeway to close for several hours, according to the Sanibel-Captiva Islander.

Police report that a Fort Myers couple was riding their bikes along the causeway a little before 11:00 a.m. last week when a truck drifted into the bike lane and struck the couple. One of the bicyclists flew into the guardrail and into the San Carlos Bay.
Our Fort Myers bicycle attorneys would like to remind bicyclists that Florida is among the most dangerous states for riders. The spring and summer months bring out bicyclists of all ages, both residents and tourists. Motorists may not be the only threat to bicyclists as bike rental companies have been known to rent out defective equipment that can show signs of poor maintenance and put your safety at risk.

After being tossed into the bay, the victim was pulled from the water by boaters traveling nearby. Unfortunately, attempts to revive the bicyclist were unsuccessful.

The truck driver was not injured in the accident.

Florida Highway Patrol Sgt. Owen T. Keen says that the patrol unit is still investigating whether or not the driver fell asleep at the wheel. It has also yet to be determined if the driver was under the influence of medication or suffered from any medical condition which may have triggered the accident.

“Something terribly went wrong and caused this crash,” said Keen.

Charges against the driver have not been filed.

In honor of the fallen bicyclists and the two bicyclists from Estero who were killed in late February, the Caloosa Rider and the Bonita Bay Bicycle Club will dedicate their annual their “Ride Of Silence” to these four local residents.

The “Ride of Silence” is used to memorialize riders that have been injured or killed as it aims to draw motorist’s attention to the legal rights of bicyclists. They strongly urge motorists to keep a watchful eye for all cyclists.

According to the National Highway Traffic Safety Administration, more than 700 bicyclists were killed, and 52,000 injured, in traffic-related accidents in the United States in 2008. Bicyclists make up 2 percent of all traffic fatalities and 2 percent of all traffic-accident related injuries each year. In 2008, Florida witnessed nearly 150 bicyclist fatalities because of traffic-related accidents. As Florida provides beautiful weather all year long, motorists are urged to keep a look out for bicyclists at all times on all roadways.
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State Farm Ranks Florida as Top State for Dog Bites

May 20, 2011 | Associates and Bruce L. Scheiner

Florida dog bites are the number one contributor to dog bite incidents in the United States, according to the Chicago Tribune. This newly released information comes after the nation’s largest home and auto insurer released a list of the top 10 states for dog bite claims and the money paid out as a result.

According to State Farm, Florida holds the record for highest amount paid out per incident, at more than $38,000 per case. States falling under Florida cashed in on claims that were nearly $10,000 less.

Our Fort Myers dog bite attorneys recognize the popularity of our furry family members. We are a nation of dog lovers. Yet everyone is at risk of a serious dog bite as dog behavior can oftentimes be unpredictable. Dogs are naturally inquisitive and will typically not hesitate to approach humans to determine if they pose a threat or not. A wagging tail doesn’t always mean they’re happy, so we urge everyone to remain calm around unfamiliar dogs and allow the pooches to investigate before making any sudden movements.

The Centers for Disease Control and Prevention offers these tips to help prevent yourself from being the victim of a dog bite:

-Stay away from unfamiliar dogs.

-If you come across an unknown dog, remain motionless.

-Do not run from a dog, and don’t run away while screaming.

-Avoid eye contact with an unknown pup.

-Do not disturb dogs while they’re eating, sleeping or caring for their pups.

-Allow a dog to see and sniff you before you try to pet it.

-If bitten by a dog, report the incident immediately.

-If knocked over by a dog, roll into a ball and lie still.

-Spay or neuter your dog, as this oftentimes reduces aggressive tendencies in the pooch.

-Do not leave infants or any other young children alone with a dog.

-Be sure to play calm with your pooch. It is important to avoid playing aggressive games with your dog.

In 2006, more than 31,000 people that were bitten by dogs were forced to go under reconstructive surgery to correct the damage. Children are the most vulnerable to dog bites as children ages 5- to 9-years-old have the highest probability of being bit by a dog. Children are also more likely to receive medical attention for a dog bite than any other age group.

Nearly 5 million people are bitten by dogs each year in the United States, according to the Centers for Disease Control and Prevention. One-fifth of these dog bites in Florida and elsewhere result in an injury that require medical attention.

According to the Chicago Tribune, dog bites caused more than 30 deaths last year.
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CDC Releases Report — Florida One of the Most Expensive States for Car Accidents

May 19, 2011 | Associates and Bruce L. Scheiner

Deaths caused by motor-vehicle accident total approximately $41 billion in medical and work loss costs in the United States each year, reports the Centers for Disease Control and Prevention. Ten states account for half of these costs.

Our Fort Myers injury attorneys would like to point out that Florida is the third largest contributor to these statistics. According to the National Highway Traffic Safety Administration, nationwide there were more than 10 million vehicles involved in police-reported accidents in 2008.

Florida car accidents contributed more than $3 billion to these annual costs. The Sunshine State contributed $40 million in medical costs and more than $3 billion in work lost costs. Of these costs, young adult motor vehicles occupants were the lead contributor.

The CDC reports that the newly release data points to the following states to contributing to nearly half of the annual costs:

-California ($4.16 billion)

-Texas ($3.50 billion)

-Florida ($3.16 billion)

-Georgia ($1.55 billion)

-Pennsylvania ($1.52 billion)

-North Carolina ($1.50 billion)

-New York ($1.33 billion)

-Illinois ($1.32 billion)

-Ohio ($1.23 billion)

-Tennessee ($1.15 billion).

This data was taken from 2005 statistics as that is the most recent year in which this type of cost-related data is available.

“Deaths from motor vehicle crashes are preventable,” said CDC Director Thomas R. Frieden, M.D., M.P.H. “Seat belts, graduated driver’s license programs, child safety seats, and helmet use save lives and reduce health care costs.”

The CDC will be releasing a new fact sheet that will highlight these findings to coincide with the launch of the Decade in Action for Road Safety campaign. This campaign is a worldwide campaign to raise awareness about car accidents in an attempt to reduce the risk and stabilize car accidents by 2020.

This data has helped to determine the most at-risk drivers. Children under the age of 19 cost the United State nearly $900 million in one year.

“It’s tragic to hear that anyone dies on our nation’s roads. But it’s especially so when the person who loses his or her life is a child or teenager,” said Linda Degutis, Dr. P.H., M.S.N., director, National Center for Injury Prevention and Control. “Child passenger safety laws and comprehensive graduated driver licensing laws are proven to protect young lives. We encourage states to strengthen and enforce these laws to help keep more of our young people safe.”

As we previous discussed on our Florida Injury Lawyer Blog, a majority of Americans agree with the idea of passing even more driving laws and would like government officials to take even more actions to attempt to improve highway safety to reduce car accident risks.

The CDC’s Injury Center recommends that states follow the strategies below to help prevent motor-vehicle related fatalities:

-Create more comprehensive graduated driver licensing (GDL) systems as they have been proven to reduce the number of teen crashes. GDL systems can help young drivers to gain driving experience under lower-risk conditions by allowing different driving privileges in different stages of the learning process. GDL systems have been shown to reduce the risks of a teen car accident by at least 40 percent.

-Create and enforce primary seat belt laws. Seat belts have been proven to reduce the risk of death to front-seat occupants by about half.

-Enlist a universal motorcycle helmet law that would require motorcyclists and riders of all ages to wear helmets. The use of a helmet can decrease the risks of death in a motorcycle accident by more than a third and can reduce the risk of suffering from brain injury by nearly 70 percent.

-Create stronger child-passenger safety regulations that would require children to be placed in age- and size-appropriate child safety and booster seats while riding in a motor vehicle.

“These preventable costs are a reflection of the terrible suffering of American families whose loved ones are killed or injured on the roads,” said Norman Mineta, chairman of Make Roads Safe North America and the longest serving Secretary of Transportation in U.S. history. “Today, on the launch of the first-ever Decade of Action for Road Safety, occurring in 30 cities across our nation and 50 countries worldwide, it is time for all of us to take action to save lives at home and around the globe.”
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Global Campaign Looks to Decrease Number of Vehicle Accidents in Fort Myers and Worldwide

May 13, 2011 | Associates and Bruce L. Scheiner

A majority of Americans are on board with the idea of passing additional driving laws and would like government officials to take more actions to improve highway safety to reduce the risks of a car accident in Fort Myers and elsewhere in the United States, according to a recent survey released by the AAA Foundation for Traffic Safety. The release of this survey follows the United Nations’ kick off of ‘Decade of Action on Road Safety’. Their campaign aims to reduce the total number of motor vehicle accident deaths and injuries.

“Despite shrinking federal and state transportation budgets and a public debate over the most appropriate role of government, it’s clear that a majority of Americans want government officials to do more – not less – about highway safety,” said AAA President and CEO Bob Darbelnet. “From passing and enforcing laws about teen drivers and distracted driving to programs that improve the safety of our roadways and add safety equipment to vehicles, there are many steps government can take reduce crashes, injuries, and deaths in the U.S.”

Our Fort Myers injury attorneys understand that more laws and regulations may be needed to help increase the safety of all motorists. The United States is on board and has endorsed the Decade of Action. The campaign aims to stabilize and then reduce the number of deaths worldwide by 2020.

“At a time when more and more U.S. highway safety agencies are adopting “Toward Zero Death” goals, it is very heartening to see motorist support for more, not less action by government to make our roads safer,” added J. Peter Kissinger, President of the AAA Foundation for Traffic Safety, that commissioned this survey.

The recently released survey reveals that:

-More than 60 percent of American citizens agree that the U.S. needs more laws to prevent people from participating in dangerous driving habits.

-Most of Americans believe that both automakers and the federal government should be doing more make cars safer.

-Nearly 90 percent of Americans think that all new drivers should have to complete a driver education course before they are able to get their driver’s license.

-More than 50 percent of Americans agree that their own state government needs to step up and do more to make their own roads safer.

-Nearly three-quarters of Americans agree that all driving safety laws need to be enforced more strictly.

“As the global community has initiated action to combat the public health crisis associated with motor vehicle crashes, the U.S. should lead by example and invest even greater resources in laws, education, technology and road design to reduce the daily highway carnage,” said Kissinger.

In the United States, more than 25,000 passenger-vehicle occupants lost their lives, and another 2.35 million were injured in traffic accidents in 2008, according to National Highway Traffic Safety Administration. That same year, Florida experienced nearly 2,000 traffic accident fatalities.

More than 1.3 million motorists are killed on roadways worldwide each year. Annually, roughly 3.5 million are injured, and many disabled as a result of car accidents worldwide.
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Teen in Naples Drunk Driving Accident

May 12, 2011 | Associates and Bruce L. Scheiner

Three teens were sent to the hospital as the result of a head on collision into a tree. The Collier County Sheriff’s office reports that the driver involved in the Naples drunk driving accident was intoxicated, according to Naples Daily News.

Our Naples personal injury lawyers would like to remind teens, and parents, to practice safe driving during this time of year as teens will be hitting the roads in full force. With prom and graduation just around the corner, teen drivers will occupy our roads in larger numbers than previous months. If it important for parents to sit down with their teens and discuss the responsibilities of driving.

The Sheriff office reports that they responded to the call shortly after 7:00 p.m. The incident took place at the intersection of Maupiti Way and Island Walk Circle in the gated community of Island Walk off Vanderbilt Beach Drive.

Reports also indicate that it was raining during the time of the accident. The vehicle reportedly left 124-foot-long skid marks and was said to have received $10,000 in damage. The driver reportedly took the corner at a fast speed and lost control when he slid head on into a tree.

The driver of the vehicle was found outside of the car and was treated for a head injury. The two rear passengers were reported to have broken their necks in the accident and are expected to face long-term injuries.

After the driver left that hospital, he was picked up by local authorities. He is currently facing two counts of DUI-serious bodily injury to another, a DUI traffic offense and DUI-damage to property.

According to the National Highway Traffic Safety Administration, nearly 11,000 people were killed in alcohol-impaired-driving crashes in 2009. Accidents involving alcohol made up more than 30 percent of the total number of vehicle accident fatalities in the U.S.

In 2008, there were more than 208 million licensed drivers in the United States. Teen drivers counted for more than 6 percent, 13.3 million, of those drivers. Nearly 2,500 teen drivers were killed, and another 169,000 were injured in 2008 in motor vehicle accidents. In 2009, more than 5,100 teen drivers were involved in car accidents where the use of alcohol was involved. Florida experienced nearly 500 teen fatalities because of car accidents in 2009.

Because of these alarming statistics, parents are urged to speak with their young driver about the responsibilities of driving and the consequences of poor driving decisions.

The Centers for Disease Control and Preventions offers parents with this parent-teen driving contract to help you set out some ground rules for your child while they’re behind the wheel. Working together with your teen can help to reduce the number of teen accidents and keep your young driver safe.
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