Florida Injury Lawyer Blog

Motorcycle Safety Awareness Month aims Reduce Risks of Motorcycle Accidents in Florida

May 11, 2011 | Associates and Bruce L. Scheiner

It’s no surprise that Florida residents and visitors enjoy spending time outdoors. But spring is also one of the most dangerous times of year for motorcycle riders. More than a million drivers in Florida currently have a motorcycle endorsement on their license. In an attempt to help keep our motorcyclists safe and to decrease the risks of a motorcycle accident in Fort Myers and elsewhere across the United States,Governor Rick Scott declared May as Motorcycle Safety Awareness Month in Florida, according to the Florida Highway Patrol.

Our Fort Myers motorcycle accident lawyers urge motorcycle riders and all other motorists to be cautious behind the wheel this spring as more and more drivers will be hitting the road.

“Florida made significant strides as motorcycle crash fatalities dropped 35 percent in the past five years. While the news is encouraging, the Florida Department of Highway Safety and Motor Vehicles remains vigilant in our efforts to reduce injuries and fatalities on Florida’s roadways and promote a safe driving environment,” said DHSMV Executive Director Julie L. Jones. “Through partnerships with safety advocates and law enforcement agencies, we continue to put motorcycle safety on everyone’s radar because we are all responsible for motorcycle safety.”

As we recently discussed on our Florida Injury Lawyer Blog, motorcycle accidents occur quite often throughout the nation. As the National Highway Traffic Safety Administration reports, there were more than 5,200 motorcyclists killed, and another 96,000 injured in 2008. More than 500 of those motorcycle fatalities occurred in Florida alone.

“As a matter of safety, it is necessary to develop appropriate driving habits to handle these vehicles on Florida roadway,” Governor Rick Scott said. “To prevent injuries and deaths on Florida’s roadways, motorcyclists and motorists must be vigilant in their efforts to share the road and ensure the safety of everyone.”

Even though statistics, from the Governors Highway Safety Association, show that in recent years motorcycle fatalities have decreased slightly, by 2 percent in 2010 and 16 percent in 2009, motorcycle riders are still the most vulnerable motorists on the road.

“Motorcyclists take to the highways in large numbers every spring, and it’s the responsibility of all road users to welcome us safely and attentively,” said American Motor Association President and CEO Rob Dingman. “This is why many states and local governments officially promote motorcycle awareness during the month of May. Unfortunately, many road users are not always mindful of those with whom they share the road, and an annual reminder is necessary for them to acknowledge the flow of motorcycles in traffic.”

Causes of a motorcycle accident can be attributed to a number of factors, as the NHTSA lists:

-Failure to use defensive driving techniques.

-Lack of recognition by other motorists on the roadways,

-Failure to recognize and understand the limitations of the motorcycle.

-Neglecting to follow speed limit.

-Poor road conditions.

-Passengers. Make sure that when you’re riding with a passenger that they’re knowledgeable about the functions and safety measures of a motorcycle. Also, be sure that your bike has a passenger seat and footrests.

-Poor weather conditions, especially slippery roads in Florida.

If you’d like to get involved with National Motorcycle Safety Awareness Month, BikeWeek offers you a complete list of events taking place to help raise awareness of the vulnerable drivers.
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Governor Declares May Motorcycle Safety Awareness Month to Help Reduce Risks of Florida Motorcycle Accidents

May 3, 2011 | Associates and Bruce L. Scheiner

The Governor of Florida, Rick Scott, proclaims May as Motorcycle Safety Awareness Month, according to Bikeweek.com.

Our governor is using the month of May to recognize the large number of motorcycle riders operating in Florida. He also understands the safety and awareness concerns surrounding the dangers of motor vehicles sharing our roadways with motorcycles. Safety advocates understand the need for safer roads in Florida and are pushing awareness as a way to decrease the risk of motorcycle accidents in Fort Myers and elsewhere in the state.

“As a matter of safety, it is necessary to develop appropriate driving habits to handle these vehicles on Florida roadway,” Scott said. “To prevent injuries and deaths on Florida’s roadways, motorcyclists and motorists must be vigilant in their efforts to share the road and ensure the safety of everyone.”

Our Fort Myers personal injury lawyers know Florida is the riding capital of the United States; our state is home to more than 1 million licensed riders. For four decades, we have represented riders and their families in the fight against inattentive drivers and their insurance companies.

The Motorcycle Safety Foundation offers a safety tips to every motorists to help the better understand motorcyclists:

-When you see a motorcycle on the road, treat it not just as a motorcycle but as another vehicle that could be your friend, relative or neighbor.

-When you do see a motorcycle, remember that it will probably look farther away than it actually is. When you’re looking to turn and see a motorcycle, predict it is closer than it appears.

-Because of their small size, a motorcycle can get lost in a car’s blind spots. Take an extra moment to double check for motorcycles when you’re changing lanes or making a turn.

-Remember that a turn signal on a motorcycle is not self-canceling like those on passenger-vehicles. When you see a motorcyclist with their signal activated, make sure it is for real.

-While motorcycles can maneuver easily, don’t assume that they’re showing off or being reckless as they oftentimes zigzag in their lanes to avoid debris and wind from passing cars.

-As motorcyclists slow down by downshifting instead of using their brakes, it is important not to follow too closely. Downshifting does not activate a brake light. For this reason, you should allow more following distance, say three or four seconds.

-The stopping distance for a motorcycle is just about the same as it is for cars. Wet pavement makes stopping a lot more difficult for bikes. Yet, another reason to not follow too closely.

-Bikes oftentimes appear to be traveling faster than they actually are. Don’t assume all motorcyclists are speed demons.

Out of all motor vehicles, motorcycles are the most vulnerable on our roadways. As they do not have seat belts, a rider can be easily be thrown from the motorcycle in a crash, which can result in serious injury — or death.

According to the National Highway Traffic Safety Administration, there were nearly 5,300 motorcyclists killed, and an additional 96,000 injured, in 2008. Florida witnessed more than 520 of those fatalities that year.

Gov. Rick Scott and other Florida officials urge you to use the month of May to recognize the growing number of motorcycle riders in Florida, according to the Pensacola News Journal, especially as warmer weather and daylight savings encourage bikers to hit the open road.

A complete list of nationwide motorcycle events can be found on the BikeWeek website.
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Advocates Team Up to Raise Awareness of Motorcycle Accidents in Fort Myers and Elsewhere

May 1, 2011 | Associates and Bruce L. Scheiner

For the second year in a row, the Florida Department of Transportation hosted the “Ride Straight State to State: None for the Road Motorcycle Run,” in attempt to reduce the risks of a motorcycle accident in Fort Myers and elsewhere, according to the Westchase Patch.

The ride consisted of law enforcements and motorcyclists from Alabama, Georgia and Florida. They all met at the Florida Welcome Center on U.S. 231, at the Alabama-Florida state line.

Our Fort Myers personal injury attorneys urge all motorists to practice caution on our roadways and to be aware of all drivers on the road. Motorcyclists are especially at risk on our Florida roadways during this time of the year as the beautiful weather brings out motorists of all types.

Representatives from the Community Traffic Safety Teams, Florida’s Motorcycle Safety Coalition Members, Florida Highway Patrol, Florida Rider Training Program Personnel and local law enforcement agencies greeted cyclists as they arrived at the center. The motorcyclists rode together to the Thunder Beach Motorcycle Rally that was held in Panama City Beach.

Motorcycle accidents reportedly dropped 2 percent for the first nine months of last year, according to The New York Times. Officials believe this statistic is just a fluke; the number of fatal accidents has increased each year for more than a deacade.

More than 5,250 motorcyclists were killed, and another 96,000 injured, in 2008, according to the National Highway Traffic Safety Administration. In the same year, Florida saw more than 520 of those motorcycle fatalities. The most recent statistics, provided by Florida Highway Safety & Motor Vehicles show that the 2009 motorcyclist fatality number dipped 24 percent to 402.

The Governors Highway Safety Association recently released a report stating there were 80 fewer motorcycle deaths from January to September of 2010 than the same time period of the previous year. While those statistics may be appealing to motorcyclists, they better read the fine print before getting too excited. Fatalities climbed back up during the last three of those nine recorded months. It’s that increase that caught the eyes of safety advocates.

“The drop is all in the front half of the year,” said report author Jim Hedlund, a safety consultant. “It looks very much as if we’ve hit bottom and may be starting back up again.”

Overall, motorcycle fatalities have more than doubled since the late 1990’s. Now that the economy is starting to show signs of recovery, motorcyclists and safety advocates are concerned that the number of accident fatalities will rebound as well.

The Motorcycle Safety Group offers these tips to help motorists stay safe on our roadways:

-Always wear a helmet and make sure it is DOT approved.

-Steer clear of blind spots. Remember, if you can’t see a driver, then the driver can’t see you.

-Do not wear sunblock on your face inside your helmet. The sunblock vaporizes with the heat, keeping the vapor in your helmet and causing irritation that can hinder your vision.

-Be cautious near road construction areas.

-Be sure to clearly signal your next move. Other motorists are quick to look past you as you are such a small object on the road, in comparison. Make you’re movements known.
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Lawmakers Look to Pull Red-Light Cameras from Florida Intersections, Increasing the Risk of Fort Myers car accidents

April 30, 2011 | Associates and Bruce L. Scheiner

Red-light cameras may not be as much of an inconvenience as people originally thought as the intersection cameras saved nearly 200 lives in 14 large US cities in a 4-year study conducted by the Insurance Institute for Highway Safety (IIHS).

Researchers believe that if these cameras were installed in all cities during that same researched time period, a total of 815 lives could have been saved in intersection car accidents in Fort Myers and elsewhere.

“The cities that have the courage to use red light cameras despite the political backlash are saving lives,” says Adrian Lund, IISH president.

Our Fort Myers personal injury lawyers urge you to be careful when passing through intersections, regardless of the presence of red-light cameras. Intersection accidents are among the deadliest types of crashes.

Never mind these life-saving statistics, some Florida lawmakers want to pull the devices from local intersections. This campaign comes just one year after lawmakers passed a law legalizing these intersection cameras, according to Sun Sentinel. These red-light cameras slap drivers with fines of more than $150 for violating an intersection signal.

Earlier this month, the House Appropriations Committee voted 12-9 to send HB 4087 to the full House as both the Florida House and Senate are seeking repeal proposals. The bill’s sponsor, Rep. Richard Corcoran, R-Trinity, argues that the red-light cameras have actually increased the number of serious traffic accidents at intersections.

“Let’s step back and figure out a way where we can make these intersections safer for our communities,” said Corcoran. Some studies have shown an increase in rear-end collisions, usually temporary, as motorists remember the cameras and slam on their brakes to avoid a ticket.

Overall, the cameras have been shown an effect deterrent in preventing the more deadly broadside collisions. Researchers discovered that fatal accidents at intersections with cameras fell 35 percent, while fatal accident numbers fell 14 percent at intersections without the red-light cameras. The data from this 4-year study was compared to the information provided by a study of intersections conducted between 1992 and 2006.

“Examining a large group of cities over several years allowed us to take a close look at the most serious crashes, the ones that claim people’s lives,” says Anne McCartt, Institute senior vice president for research and a co-author of the study. “Our analysis shows that red light cameras are making intersections safer.”

Based on the results from that study, researchers concluded that the number of fatal red-light running crashes at intersections with cameras was 24 percent lower than it would have been if the intersections didn’t have cameras. They calculated that 74 fewer fatal red-light running crashes would have occurred, or approximately 83 lives would have been saved.

As lawmakers attempt to pull potential life-saving red-light cameras from our Florida intersections, they have also failed to pass any laws banning another dangerous driving habit — text messaging. Florida remains one of the only states left without such a law.
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Many Lost Over the Weekend in Series of Fort Myers Car Accidents

April 29, 2011 | Associates and Bruce L. Scheiner

This past weekend, a string of car accidents in Fort Myers left five people dead, according to

Toddler Hospitalized in Fort Myers Shooting Accident

April 25, 2011 | Associates and Bruce L. Scheiner

A 2-year-old boy was shot in the shoulder shortly after midnight in an apartment complex in the 3000 block of 2nd Street, according to WINK News. The young boy was sent to HealthPark Medical Center with a gunshot wound to the shoulder.

An investigation revealed that the toddler was shot inside a Fort Myers apartment. Detectives executed a search warrant for the residence where the shooting happened and found a semiautomatic handgun and a revolver. It is said that four adults and a second child were inside the apartment at the time of the shooting. Police believe that the shooting was accidental. Those involved in the shooting are still being interviewed as the investigation continues.

Our Fort Myers child injury lawyers understand that, while this is a tragic occurrence, these types of accidents happen all too often. Every few months, we hear the tragic case of a child being seriously injured or killed in an accident involving a firearm.

According to Common Sense: About Kids and Guns, adults are urged to keep guns locked away from children at all times. Store ammunition in a separate locked area away from the gun and store the keys in a place where children cannot find them. Parents are also urged to talk with their children about guns, making sure they know the dangers, the consequences and the power of a gun. Teach your children not only to leave all guns alone, but what to do if they run across one. Make sure they tell an adult.

The guns are not the problem. It is the lack of education. And sometimes the lack of respect for firearms. Or just plain carelessness. As a gun owner, or as a homeowner, a Fort Myers premise liability claim could hold you responsible for medical bills, pain and suffering and other costs associated with an accidental shooting. To say nothing of the emotional toll taken by the serious injury or death of a child.

According to ChildrenDefense.org, guns kill more than 3,000 children and teens a year. In 2006, more than 150 children were accidentally killed by guns. Florida experienced more than 10 accidental fatal shootings the same year. With federal statistics showing that nearly half of every household in America has a gun, it is important to be cautious and knowledgeable around firearms.

The National Riffle Association (NRA) offers these tips to parents who own guns to help keep their young ones safe:

-Always keep the gun pointed in a safe direction. NEVER point it at another person. Assume that the gun is always loaded and ready to fire at any moment.

-Be mindful that, when indoors, bullets can penetrate floors, windows, walls and ceilings.

-Always keep the gun unloaded until you’re ready to use it. Learn how to safely check to see if the gun is loaded. If you don’t know the proper technique, leave it alone.

-Keep your finger off the trigger until you’re ready to shoot. When holding the gun, rest your finger on the outside of the trigger guard.
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Bus Companies Face Surprise String of Inspections to Decrease Risks of Bus Accidents in Fort Myers and Elsewhere

April 23, 2011 | Associates and Bruce L. Scheiner

Each month, countless tour buses travel through the area. To the beaches of Fort Myers and Sanibel. To the casino in Immokalee. And on to Key Largo and Miami. These tour buses have a responsibility to transport passengers in as safe a manner as possible. Passengers may feel a little safer after the Federal Motor Carrier Safety Administration (FMCSA) conducted a number of surprise inspections. But the reality is it will do little to help decrease the risk of bus accidents in Fort Myers and elsewhere in the U.S.

Interstate 4 was recently shut down for an hour after a Naples Tour bus caught fire this past weekend, according to the NBC 2. The bus, belonging to Naples Tours, dropped off a group of passengers in Orlando for the weekend and was returning to pick them up when a fire started on the rear-end of the bus, according to the Florida Highway Patrol. The driver reportedly attempted to put out the flames with a fire extinguisher, which failed, and was then forced to sit back and watch as the $80,000 bus went up in flames.

Our Naples personal injury lawyers urge Florida residents and tourists to be cautious when choosing tour bus transportation as the results of the recent federal inspections proved alarming.

As the U.S. Transportation Secretary Ray LaHood recently announced, the FMCSA, along with local and state enforcement agencies, conducted nearly 3,000 surprise passenger bus inspections in a 90-day period. The inspections removed nearly 300 unsafe buses and drivers from our roadways, according to a U.S. Department of Transportation press release.

That means roughly 1 in 10 buses on the road had problems so significant they could not continue to their destination.

“Working side-by-side with our state and local law enforcement partners, we can ensure that every passenger bus company and driver operates as safely as possible,” said FMCSA Administrator Anne S. Ferro. “These strike force activities are one of the many effective tools we use year-round to raise the safety bar for commercial buses and drivers on our nation’s roadways.”

These inspections come after a string of bus accidents throughout the United States, including the recent bus accident in New York that killed 14 passengers.

The Obama Administration recently announced a new Motorcoach Safety Action Plan, which sought to ensure that companies make improvements to their vehicles. Proposed improvements include rules that would require bus companies to install seat belts and electronic on-board recorders on every bus.

Low-fare bus companies have recently been the focus of these investigations. Such companies were accused of running buses that failed to meet safety standards and forcing their driver to work under more grueling schedules. These conditions contributed to the increased risk of passengers being involved in a serious bus accident.

“Safety is our number one priority,” said Secretary LaHood. “We will continue to use every resource at our disposal to shut down unsafe passenger bus companies that place motorists at risk and remove drivers from our roads who put passengers in harm’s way.”

While the government is trying to increase safety measures on tour buses, residents are urged to be cautious when choosing a busing company to travel with. Make sure to check their safety records and don’t let the cheapest fair be the deciding factor.
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Parents Asked to Speak with their Teens about Driving Habits to Decrease Risks of Fatal Fort Myers Car Accidents

April 22, 2011 | Associates and Bruce L. Scheiner

A recent car accident killed an 18-year-old Lee County teen in Immokalee. The young driver was traveling eastbound on Oil Well Road near County Line Road at approximately 3:00 a.m., according to ABC 7.

The Florida Highway Patrol reports that the fatal Collier County car accident happened when the teen driver overcorrected as the car drifted off the road. The vehicle rotated, veered onto the shoulder and struck a tree. The young female driver was taken to Lee Memorial Hospital and later pronounced dead. Investigators have determined the driver was wearing her seat belt.

Our Fort Myers personal injury lawyers understand how devastating such tragedies are for families. And we urge teens to be extra careful this spring season as the school year is winding down, prom events are approaching and graduation is just around the corner. It is this time of the year when local high school students hit the road in full force — parents should take a forceful and proactive approach to their teen’s driving safety.

Pool Inspections reduce risk of Pool and Spa Accidents in Fort Myers

April 17, 2011 | Associates and Bruce L. Scheiner

As Floridians enjoy the spring weather, The U.S. Consumer Product Safety Commission (CPSC) has been conducting investigations into the safety of pool and spa drain covers.

As the investigation carries on, testing protocols used by some laboratories have been deemed improper, resulting in noncompliance with the Virginia Graeme Baker Pool and Spa Safety Act (P&SSAct). Defective pool and drain covers heighten the risk for a Naples swimming pool accident.

Our Fort Myers personal injury lawyers understand the risks posed by defective drain covers — which can lead to entrapment injuries and drowning. These investigations have provided the CPSC with more than 17,000 pages from the laboratories in response to subpoenas from the federal agency.

Many homeowners are uncovering and servicing their pools for the summer season. In Florida, pools are much more likely to be used year around. But that can mean there is no set time for safety and maintenance inspections. We suggest a thorough inspection be conducted at the start of the spring and summer swimming season, as well as around the Fourth of July and Labor Day.

The Virginia Graeme Baker Pool & Spa Safety Act (P&SS Act), which regulates the safety of our pools, was passed after a young girl drowned from being trapped under the water by the suction from a hot tub drain. The suction proved to be too powerful, despite the fact that she had been swimming since she was 3 years old.

The failing marks returned to the CPSC raise red flags to Southwest Floridians as the Memorial Day weekend approaches. Anytime is a good time in Florida to have your pool and pool equipment thoroughly inspected. It’s encouraged that you have it checked thoroughly, and have it checked often.

National drowning statistics show that swimming pools can be fatal to anyone if the proper precautions are not taken to reduce the risk of preventable safety hazards. A national study determined approximately 10 people drowned on any given day each summer. Approximately 5,000 children under the age of 14 of hospitalized each year with 15 percent of them dying and 20 percent suffering severe and permanent brain damage. Drowning is the second-leading cause of injury-related deaths for children under the age of 14.

According to the Florida County Property Appraisers, Florida has the highest number of deaths resulting from swimming pool drownings in children under the age of 5. These fatalities often occur in cases where a pool lacked the proper safety features.

As Florida is home to more than 1,000,000 residential pools, residents are urged to practice all safety precautions, conduct regular inspections and make sure your pool meet safety standards.
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Local Intersections Impact Risks of Fort Myers Car Accidents

April 16, 2011 | Associates and Bruce L. Scheiner

The Lee County Department of Transportation is currently looking at a popular intersection in South Fort Myers — the “T” intersection at Plantation Road and Crystal Drive — as it is one of the few intersections in Lee County that currently has a greater amount of traffic flow than it did in the “boom years,” reports ABC 7.

Our Fort Myers personal injury lawyers urge community leaders to take a better look at the traffic on our roadways in an attempt to increase driver safety. A lot of factors go into the cause of an accident and an overflow of unorganized traffic can be a common contributor.

The traffic at this intersection is believed to be up nearly 30 percent from just two years ago — to more than 12,000 vehicles a day. We understand that this number will only increase as more drivers become aware of this back route. The overflow in traffic in this area has caught the attention of community leaders as they’re discussing a plan that could possibly change the layout of the popular South Fort Myers intersection.

While construction goes on to better equip our busy roadways to handle the increasing amount of Southwest Florida traffic, drivers must practice cautious driving habits while traveling through these work zones. A recent motor vehicle accident on Santa Barbara caused by warning lights that weren’t working is just one local lawsuit stemming from dangerous or defective roads or roads that are under construction. The suit, filed by the driver of the passenger vehicle, is against the construction company for alleged negligence and failure to provide safe traffic direction during the road-widening project in East Naples.

These incidents come right after a week when work zone safety was promoted nationwide through the National Work Zone Safety Awareness Week event. Florida joined the nation in raising awareness, as our state suffered 100 of the 700 work zone fatalities resulting from motor vehicle traffic crashes in 2009.

The National Work Zone Safety Information Clearinghouse provides these driver tips to help increase safety for everyone in our work zones:

-Put away all distractions while passing through a work zone. Distracted driving only increases your risk for an accident.

-Stay alert and expect the unexpected. Workers, other vehicles and construction equipment can seemingly pop out of nowhere.

-Obey all posted street signs and road flaggers. The warnings are posted and displayed to help keep you safe. Knowing and understanding the rules for work zones will only help keep you safe.

-Be patient and allow yourself extra time. If you know your trip is going to take you through a work zone, leave early to allow yourself more time to make it through the congestion or avoid the route all together and find another way to your destination.

-Don’t tailgate. Following too closely proves as dangerous in these situations as unexpected maneuvers by other vehicles are more common.

If you’ve experienced a motor vehicle accident in one of these congested areas, consulting an attorney as soon as possible is your best bet. An experienced attorney will be much more familiar with possible issues that could impact your case. Faulty roads, missing or inoperable street signs and signals, overgrown vegetation and poor drainage are just a few causes that may contribute to a car accident in Fort Myers, Cape Coral, Lehigh Acres or elsewhere in South Florida.
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