Florida Injury Lawyer Blog

St. Patrick’s Day Brings Weekend Risk of Drunk Driving Accidents in Fort Myers, Cape Coral

March 18, 2011 | Associates and Bruce L. Scheiner

AAA is offering free rides for those who have too much to drink in an effort to help prevent Fort Myers drunk driving accidents as Southwest Florida kicks off a four-day weekend with St. Patrick’s Day.

WINK News reports AAA South’s Tow to Go program has removed 13,500 drunk drivers from the road since 1998. The program is available from Thursday March 17 to Sunday March 20. Those looking for a ride can call 1-800-AAA-Help and they will be picked up no questions asked.

“No one should have to take unnecessary risks after drinking alcohol, especially since there are so many options for a safe ride home,” said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South.

The Fort Myers personal injury lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, have spent four decades fighting for the rights of victims who have been injured or killed in drunk driving accidents. Recently, Bruce and Cheryl Scheiner were personally recognized with a HERO of the Year award by Mothers Against Drunk Driving for their support of drunk driving enforcement. Corporal Lenny Gould was also recognized for making more than 1,000 DUI arrests during his career.

The Lee County Sheriff’s Office is also planning a sobriety checkpoint for Friday night. The checkpoints aim to remove impaired drivers from the road, heighten awareness and educate the public on the dangers of drunk driving.

Authorities are concerned St. Patrick’s Day falling on a Thursday could lead to a long four–day weekend of dangerous roads. The National Highway Traffic Safety Administration reports drunk drivers are involved in more than one-third of all fatal accidents in Florida — killing 904 motorists in 2009.

St. Patrick’s Day has become one of the most popular secular holidays in the United States. It is among the biggest days of the year for beer consumption and is one of the busiest nights for restaurants and bars.

Each member of our staff wishes you a safe and enjoyable St. Patrick’s Day weekend. Please celebrate responsibly, designate a driver and don’t drink and drive.
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Pregnant mothers in Florida warned of Topamax’s risk of birth defects

March 11, 2011 | Associates and Bruce L. Scheiner

The U.S. Food and Drug Administration is increasing warnings about Topamax, an anti-seizure and migraine medication, amid reports of birth defects, according to a report in the Wall Street Journal.

Florida attorneys handling Topamax complaints continue to see data suggesting a high risk of cleft palates and cleft lips in infants whose mothers were prescribed the drug during or even before pregnancy.

The drug, which is topiramate, is sold by Johnson & Johnson under the brand name Topamax but is also available in a generic. Research suggest it may prevent the lip or palate of a newborn infant from fusing properly during the first trimester. It is not Johnson & Johnson’s only high-profile issue involving defective medical products — the company has also been forced to recall its DePuy hip replacement system after health officials in the U.K cited a high failure rate and metal shavings in the blood.

Unfortunately, Topamax is the latest black eye for the FDA, which has come under increasing fire for permitting dangerous drugs or defective medical devices to make it to market. The government watchdog relies upon the research of drug makers, which stand to make billions, in approving a new medicine for sale. Many of the human trials are being conducted in third-world countries, far from the prying eyes of regulators. And even when the agency has information that a medicine is likely dangerous, it has been accused of failing to act to protect the public — the risks of Avandia, a popular diabetes drug, were known for years before the government finally got serious with restrictions late last year.

Florida Topamax lawyers in Fort Myers and throughout the state understand the risks and can assist families dealing with a birth defect as a result of dangerous or defective pharmaceuticals or instances of medical malpractice.

In this case, topiramate is approved to treat seizures and epilepsy. It is also used in the weight-loss drug Qnexa, which was rejected last year by the FDA over concerns about birth defects.

The North American Antiepileptic Drug Pregnancy Registry found problems in 1.4 percent of infants exposed to topiramate during the first trimester — or about 1 of every 65 infants. Those findings confirm data being reported by officials in the United Kingdom.

The drug’s risks had previously been placed in Category C (meaning no human data available). But it is now being elevated to Category D, meaning evidence of fetal risk is present but the benefits may still outweigh the risks in certain situations.

Johnson & Johnson made $2.7 billion on the drug before losing patent protection in 2008. Generics are now available, however the company still made $538 million last year. The company pleaded guilty last year to promoting the drug for unapproved uses and paid an $81.5 million fine.
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Lawmakers take aim at Fort Myers watercraft accidents, jet ski accident elsewhere in Florida

March 10, 2011 | Associates and Bruce L. Scheiner

Lawmakers are proposing new restrictions, which could reduce the risk of serious or fatal watercraft accidents involving residents and tourists alike. In an effort to reduce the number of Fort Myers watercraft accidents, legislators are trying to change minimum age requirements, as well as the penalties for criminal behavior in water sport activities.

Our Cape Coral personal injury lawyers understand the dangers involved in operating water sport machines like jet skis or small motor boats.

The News-Press recently reported about the proposed bills in the upcoming legislative session. Bill 370 is proposing the minimum age to operate a personal watercraft be raised from 14 to age 16. It would also require anyone born on or after January 1, 1988 to have completed a boating safety course and acquire a boating safety ID card in order to operate a watercraft such as a Jet Ski or a WaveRunner.

The bill’s proposal follows the death of a young boy who crashed into a dock while operating a personal watercraft.

The Florida Fish and Wildlife Conservation Commission reported 149 injuries and 7 deaths in Florida in 2008 as a result of personal watercraft accidents. In 2009, there were a total of 143 watercraft accidents which resulted in 152 injuries and one fatality in the state.

Lee County reported no fatalities during these two years but did have 10 injuries sustained in 15 watercraft crashes. Collier County reported 11 crashes totaling 13 injuries but no fatalities during the same time period.

The other proposal, Bill 512, would eliminate criminal misdemeanor penalties for violating navigation rules which don’t involve reckless operation but result in an accident. The new bill would impose fines for navigation incidents that cause accidents that do not involve carelessness or alcohol involvement. The fine would be up to $500 for first offense, up to $750 for a second offense, and $1,000 for all other offenses.

The new age law would not restrict tourists from participating in watercraft activities. If a renter does not have the boating safety ID card they can take the course onsite for $3 and still boat the same day.

Water activities can be loads of fun but operators are reminded of the dangers that could ensue. If you have been the victim in a watercraft accident, seek legal advice immediately to discuss your rights.
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Uninsured motorists, habitual offenders, a common cause of Fort Myers car accidents

March 8, 2011 | Associates and Bruce L. Scheiner

Hit and run accidents are likely becoming more frequent in Florida due to the number of uninsured motorists involved in Fort Myers car accidents and elsewhere.

Our Cape Coral personal injury attorneys have been called to deal with an increasing number of serious accidents in which the victim had little or no insurance. The economic downturn is primarily to blame, although legislation that has decriminalized habitual traffic offenses has not helped matters any.

Florida Today recently reported about a motorcycle victim who was struck by a habitual offender, who was driving with a suspended license.

The victim and his wife were hit by an SUV that was making a left turn. The motorcyclists’ leg was mangled and he sustained severe internal injuries, which left him in a coma for two months. His wife riding on the back of the bike was killed instantly. Ironically, the SUV driver had just been released 5 days earlier when his case was dismissed on charges that didn’t stick because the police officer had improbable cause to pull him over as a habitual traffic offender.

The fatal accident was one of many that transpired last year when the at-fault driver was driving with an invalid driver’s license. It is debatable whether the struggling economy or the change in law back in 2008 is more to blame for motorists who continually drive with a suspended license. In July of that year, habitual offenders stopped being charged with a felony for driving with a suspended license. The only exception is if the driver causes the death of another and is found negligent in causing that death.

In other words, they now have to kill someone before the criminal justice system is going to get serious about keeping them off the road. It should be noted that drivers are only considered habitual traffic offenders once they have at least four major traffic convictions.

Drivers with suspended licenses typically have either failed to pay a traffic fine, child support, or their insurance premiums. Or they have been convicted of drunk driving or other serious traffic infractions.

The law was changed in 2008 to keep offenders out of prison for reasons deemed as unnecessary. Knowing that they will no longer go to jail makes Florida motorists less concerned about driving with a suspended license.

The lax attitude brings an even bigger problem to the table: Victims who incur severe damages in crashes with unlicensed and uninsured drivers. Covering damages to property or medical expenses can drain bank accounts quickly. But if motorists who cause crashes and are driving without insurance aren’t held accountable, it can cause even more stress for victims. In an effort to protect themselves, victims should know their rights and contact legal assistance right away if they or someone they love has been in an accident.
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UCF wins award for warning young drivers of dangers of Florida car accidents

March 6, 2011 | Associates and Bruce L. Scheiner

Cape Coral car accidents involving distracted drivers are an ongoing risk — particularly during the busy winter tourism season. And no drivers are at greater risk of being distracted than our teenagers.

Last October, a student organization at University of Central Florida launched a “Put Down Ur Cell Fone” campaign on campus to increase awareness of the dangers of distracted driving to the student body. UCF Today reported that UCF’s Student Government Association invited several guests speakers (which included local officials, professional athletes, and a representative from Florida Department of Transportation) on campus to speak about the dangers of driving while texting.

The student organization also asked students to sign a petition against talking or texting on a cell phone while driving.

Our Fort Myers personal injury lawyers applaud the student group, which recently received a National Safety Council award for the effort. An article in the Orlando Sentinel reported the UCF SGA received the Law Enforcement Traffic Safety Award for the “Put Down Ur Cell Fone” campaign.

As the only student group represented at the NSC’s annual awards banquet, they are commended for winning the award over some of Florida’s largest companies like Disney, Boeing Corporation, and Progress Energy.

This award speaks volumes to the fact that students are paying attention to the dangers. Young drivers ages 20 and under are most at risk when it comes to distracted driving accidents. According to National Highway Traffic Safety Administration, this age group has the greatest proportion of distracted drivers involved in fatal crashes. There were 5,474 fatalities and 448,000 injuries in 2009 as a result of a motor vehicle crashes that reported distraction as a cause for the accident.

Over 1,000 students at UCF signed the petition to become more responsible drivers last October. If students at universities throughout the nation were to make this kind of pledge, the number of fatalities would decrease and U.S. roadways would become safer by the minute.

Though texting and talking on a cell phone while driving is still currently legal in Florida, students are encouraged to put the phone down to minimize the risk of injury to themselves and other motorists. Texting and talking bills have been proposed several times but still await passage at the Statehouse.
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Riders continue to be at high risk of bicycle accidents in Fort Myers, Cape Coral

February 28, 2011 | Associates and Bruce L. Scheiner

Florida bicyclists beware: Recent statistics released by the National Highway Traffic Safety Administration confirm our place as the deadliest state in the nation for bicycle accidents.

Florida had almost 17% of all the fatal bicycle accidents in the United States — or nearly 1 in 5. The state’s 107 fatal accidents made Florida the only state to report more than 100 deaths from bicycle accidents in 2009. California was second, with 99.

Our Fort Myers accident attorneys continue to represent cyclists who are injured or killed because a motorist either lacked respect for a rider, or simply was not paying attention.

There were 630 fatal bicycle accidents in 2009 and another 51,000 riders were injured on our roadways. That’s down from the 718 in 2008 and the second-lowest total in more than a decade. With the increasing popularity of riding for fun and fitness, the average age of accident victims continues to trend upward, reaching 41 for those killed and 31 for those injured.

The facts for fatal pedalcyclist crashes in 2009:

-70% occurred in urban areas.

-67% were killed at a non-intersection location.

-72% were killed during the day between 4 a.m. and 8 p.m. (a 6% increase from 2008).

-Average age of those killed was 41.

-87% of those killed were male, 80% of those injured were also male.

-40% of crashes involved alcohol either by the driver or a cyclist.

Wearing a helmet every time you ride is the best way to prevent a head injury in a crash. Cyclists must ride in the same direction as the flow of traffic and must obey the same rules as motorists. Cyclists need to do as much as they can to increase their visibility: wear brightly colored clothes at all times and mark your equipment for higher visibility with reflective tape, reflectors and flashing lights.

We all need to share the road. Drivers must watch for cyclists when making turns, exiting a parking space or opening car doors. When passing a cyclist give them room, allow about 3 feet between a rider and your vehicle. And don’t forget to yield to them at intersections when directed to do so.
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Poor vision among issues faced by senior drivers at increase risk of Cape Coral car accidents

February 27, 2011 | Associates and Bruce L. Scheiner

Elderly drivers, those over the age of 65, will make up about 20% of motorists by 2025. This statistic has safety advocates scrambling to develop programs and other tactics to help ensure the safety of older drivers and those around them.

According to the National Highway Traffic Safety Administration in 2008 older individuals accounted for 8% of all traffic crash injuries and 15% of all traffic fatalities. Older drivers statistically have fatal crashes during the day (80%), on weekdays (72%) and their crashes involve other vehicles (69%).

Older drivers in fatal crashes rarely are found with alcohol in their system. And seat belt use among drivers 65+ is 14% higher than those in fatal crashes ages 18 to 64.

Our Fort Myers car accident lawyers understand the dangers elderly drivers face and remind you to help older relatives monitor their driving skills and make good decisions about their driving abilities.

Traffic safety should be important to all drivers, however older drivers need to pay attention to their body’s physical changes, which could affect their driving ability. Here are some issues that all drivers should be aware but particularly elderly drivers.

Vision: Most folks know, if you are over age 40, your eyesight changes. Your retina has decrease sensitivity to light, your eye’s lenses don’t focus quickly, and your peripheral vision narrows. Interestingly, the amount of light your eyes need to drive doubles about every 13 years. So a person that is 45 years old needs quadruple the light that a 19 year old needs and if you are 60 you need 10 times as much. Good vision is essential to safe driving since about 90% of what we do while driving is based on what we see.

Get eye exams every two years if you are under 60 years old and every year if you are over 60. If night vision and glare from headlights are a problem, try to not drive at night. As peripheral vision narrows, turn your head frequently to adjust. Keep glasses inside your car and all lights and mirrors clean. Adding a large rear view mirror will expand your range of visibility. Always keep your eyes on the road ahead of you to give yourself plenty of time to react to a sudden situation.

Though elderly adults’ minds may remain sharp, their reactions to changing events won’t be as crisp as when they were younger. As we age, it takes our brains longer to process information and we are easily distracted. When a sudden event occurs while driving we need to see it, decide what to do, then do it. For an elderly driver all that takes time, and sometimes it takes too long. Give yourself plenty of time to see and react to a situation, that’s good advice for any age driver.

Here are some helpful tips from buyautoinsurance.com:

-Allow plenty of room between you and other vehicles.

-Avoid left turns if possible. If you have to make a left pay attention to the cars coming toward you, watch for pedestrians and have enough space and time to safely cross approaching traffic before turning.

-Never have anything in the car that could be a distraction. Keep the radio off, don’t use a cell and if passengers are noisy tell them to be quiet.

-Review your route ahead of time, so you won’t have to make a last-minute decision about which turns to take.

-Use side roads when possible, high speed roadways can be frightening and confusing.
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Understanding health insurance critical in wake of a Fort Myers accident

February 26, 2011 | Associates and Bruce L. Scheiner

The Affordable Care Act hopes to put you back in charge of your health coverage and care. When you need it most, insurance companies often deny you care. And lack of coverage prevents many people from getting recommended preventive treatment.

Our Fort Myers personal injury lawyers know the strain that lack of insurance puts on a family after a Florida accident. In many cases, even when insurance is available, it may not be sufficient to pay for required medical and rehabilitative care. Often, seeking damages from an at-fault party is the only way to ensure the future financial well-being of you and your family.

The Affordable Care Act will require millions of uninsured Americans to buy insurance. The New York Times thought consumers might want some answers about health insurance from a 20-year veteran of the insurance industry.

What is the most important thing to know about choosing and paying for health insurance? Ignore the marketing material, it just tries to influence you to buy the insurance, it’s not meant to explain the benefits thoroughly. Understand that if you are an individual trying to buy insurance, insurers are looking for young and healthy people. If you aren’t young or healthy, you will get insurance but you will pay more and you might have less benefits or both.

Whether you are getting insurance on your own or through work, ask to see the actual policy. Pay attention to what’s excluded, like transplant coverage, maternity benefits and experimental procedures. Identify what your financial obligations are, including co-pays, premiums, deductibles and co-insurance.

Is there a good place consumers can go for reliable insurance information?

Healthcare.gov is a great source for information. You can enter your information and get rate comparisons for your area. Your state’s website is also a useful source.

Are there any kinds of polices that should be avoided?

Stay away from mini-med or limited benefit plans, which are mostly sold through small employers or to individuals. Some large company fast-food chains have been offering these plans. The problem with these policies, even though they have low premiums, is that they also have low lifetime or annual caps on coverage. And some don’t even pay for hospitalizations. These plans are due to be eliminated in 2014 when lifetime and annual caps won’t be allowed.

Can you fight an insurance claim that has been denied?

Yes, the new health care law allows consumers two layers of review. If you have been denied, fight it, insurers hope you just accept the denial. If you file an appeal the denial will often be reversed.
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Safety seat recall a reminder of child’s risk of defective product injuries in Fort Myers

February 23, 2011 | Associates and Bruce L. Scheiner

The government has announced a recall of nearly 400,000 defective child safety seats for a faulty harness, the National Highway Traffic Safety Administration reported.

Our child injury lawyers in Cape Coral and Fort Myers urge parents to check their safety seats for recall and to periodically conduct a thorough examination for wear and tear, possible defects, or other issues that could impact your child’s safety.

The Dorel Juvenile Group (DJG) is recalling 794,247 seats because the lock and release button on the harness does not always return to the lock position. The defect can result in a loose harness and increased risk of serious or fatal injury during a Fort Myers car crash. The seats were made from May 2008 to April 2009 and feature the “Center Front Adjuster” for the harness. Infant, convertible and booster child-restraint systems are included in the recall, both those sold as stand-alone seats and those sold as part of a (stroller) travel system.

The company is providing a fix kit consisting of a small tube of lubricant. However, many parents may decide to discontinue using the seats.

We encourage you to use extra caution when purchasing toys, clothing items and other products marketed to children. While we as parents would hope that manufacturers would use the utmost care when designing and marketing products for children, that is too often not the case. The Consumer Products Safety Commission recalls more than 100 children’s products each year for a variety of hazards. Products include cribs (more than a dozen recalls in 2010), safety seats and high chairs, as well as clothing and toys.

Just this month, the government announced a recall of 1.7 million video baby monitors because of a strangulation risk posed to infants.

More information on the Florida child safety seat recall is available here, including model numbers and manufacture dates.

Other children’s products recalled this month include night lights, hooded jackets, snow bikes, playsets, and a drop-side crib.
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State hearings permit too many to retain driving rights after drunk driving arrests in Fort Myers, Cape Coral

February 21, 2011 | Associates and Bruce L. Scheiner

A WINK News investigation recently found that about 1 in 5 defendants who use the state’s administrative-hearing process to challenge the suspension of their driver’s license, are successful in retaining the right to drive despite being arrested for drunk driving in Southwest Florida.

For decades our personal injury lawyers in Fort Myers and Cape Coral have dedicated ourselves to fighting for the rights of motorists who have been injured or killed by the senseless and selfish acts of a motorist who has climbed behind the wheel after having too much to drink. The Florida Department of Highway Safety and Motor Vehicles reports more than 1,000 motorists were killed by drunk drivers in 2009, accounting for nearly 40 percent of the state’s traffic fatalities.

Still, that same agency permitted 5,200 defendants to retain the right to drive of the roughly 24,000 that requested an administrative hearing following a drunk-driving arrest last year. The hearings are requested by only about half of the 48,000 motorists who are arrested for drunk driving in Florida each year. A motorist has 10 days to request the hearing or face the automatic suspension of their rights to drive.

Of the 5,200 who were allowed to retain driving rights, 331 were from Southwest Florida. Of those stopped by the Lee County Sheriff’s Office of the Cape Coral Police Department and later allowed to retain driving rights, nearly all tested above the legal BAC limit of .08. One driver had tested four times over the legal limit.

In 91 cases, a driver was permitted to keep their driving rights because a Cape Coral police officer failed to show up at the hearing. The department’s special operations commander said many of those cases involved scheduling conflicts and communication issues that have since been addressed. In 2010, only 23 cases were overturned because a Cape officer did not attend the hearing.
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