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Even the safest drivers are in danger when they go out on New Year’s Eve so this week when you venture out to ring in the new year, be extra careful on the roadways. If you plan to drink, be safe and don’t risk a Fort Myers car accident by driving home under the influence.

Last year, the Fatality Analysis Reporting System used by the National Highway Traffic Safety Administration reported 17 fatalities in Florida on New Year’s Eve and Day when at least one driver tested positive for blood alcohol content (BAC) of .08 or higher. Nationally, there were 156 fatalities reported on these two days when the BAC was over the legal limit.
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Florida, ranked third behind California and Texas for the most fatal drunk driving accident. The state reported almost half of the fatalities with a BAC of .20 or higher which is well over the legal limit.

It is probably a good time to point out the consequences of driving under the influence in Florida. Mothers Against Drunk Driving, reminds motorists that anyone convicted of vehicular homicide as the result of a drunk driving accident can be imprisoned for up to 15 years as well as fined up to $10,000.

A first- time DUI offense is punishable by fines of up to $2,000, mandatory 50 hours of community service, probation, up to a year in jail, alcohol treatment and the loss of your driver’s license.

The News-Press is reporting that law enforcement in Lee and Collier County, including the Fort Myers police department and the Cape Coral police department, will be utilizing additional personnel and conducting saturation patrols and sobriety checkpoints.

This time of year law enforcement officials tend to crack down on drunk driving more than the norm because the risk is so high for fatal accidents to occur. Florida drivers when pulled over for suspicion of drunk driving, deny the request for a breathalyzer test 40% of the time. The NHTSA proposes a solution that can counteract this behavior.

Florida is among a few states that will have a “No Refusal” plan in place in which police officers will have the opportunity to get an expedited warrant for a blood test by a pre-determined available judge when a driver is suspected to be under the influence and refuses to take the test. Over 10,000 people were killed last year in accidents where at least one driver was driving under the influence. The hope is to reduce this number drastically by keeping DUI offenders and repeat offenders off the roadways.
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The law enforcement presence will be heavy through the New Year’s weekend in an effort to reduce the risk of Fort Myers drunk driving accidents and car accidents in Cape Coral and elsewhere in South Florida.

“The important thing is we want everyone to have a good time,” John Sheehan, spokesman for the Lee County Sheriff’s Office, told The News-Press. “But we want everyone to be responsible.”
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The Florida Department of Highway Safety and Motor Vehicles reports that a drunk driver was involved in 1,004 of the state’s 2,563 fatal accidents last year. More than 14,000 motorists were injured in 20,085 drunk driving accidents in Florida.

Last year, 19 motorists were killed in Florida drunk driving accidents over the New Year’s holiday. A total of 34 fatal car accidents were reported in Florida that weekend.

Agencies will be using additional personnel, saturation patrols and sobriety checkpoints to reduce the risk drunk drivers pose to other motorists on the road. Our Fort Myers accident attorneys continue to support MADD, the Lee County Sheriff’s Office and Mobile Eyes in the fight to combat drunk driving. Mobile Eyes is a joint effort that provides $50 rewards to any caller who mentions the campaign when reporting a drunk driver to 911.

Both Fort Myers and Cape Coral police report additional patrol units will be dispatched throughout the cities. Deputies in Collier County will also put increased emphasis on busy travel routes and the downtown area.

Options for getting home safely include a cab, a designated driver and AAA Club’s “Tow to Go” program. The program offers free tows home to drivers and their vehicles by calling 800-AAA-HELP.

Three-quarters of the program’s calls come between Thanksgiving and New Year; AAA took home 1,234 vehicles and drivers during that time span last year.

“If you’re at a bar, a restaurant or even a holiday party, you can call 1-800-AAA-HELP and basically we will send a tow truck driver to your location. And, they’ll give you a free, confidential tow and ride home,” said Jessica Brady, a public relations manager for AAA Auto Club South.
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The holidays can be a stressful time of year for almost anyone. Some added stressors that we put on ourselves for the holidays are to shop, cook, clean, decorate, and travel to friends and family gatherings. These added stressors can cause heightened anxiety on the road as you rush here and there to get everything done in time. Drivers should be more alert this time of year to aggressive driving behaviors causing Fort Myers car accidents.

Some traits of an aggressive driver are speeding, weaving in and out of traffic, unsafe lane changes and tailgating. These traits can lead to road rage between two drivers. Road rage can be described as extreme behavior between two drivers who show a lack of respect for the safety of other drivers on the road. Aggressive driving is on the rise according to a Smart Motorist article. Two factors that seem to contribute to the increase in aggressive driving is increased number of motorist on the roadways, as well as the increase in miles we spend on the road each year.
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Road rage doesn’t always lead to traffic fatalities but puts other motorists on the road at risk of being involved in a traffic accident or being victimized by assault or other criminal activity. Recently in Orlando, a man fired shots at another vehicle on a major interstate during broad daylight because the driver cut him off, claiming it was self-defense. Fortunately no one was hurt in this incident but under the circumstances it could have been a fatal traffic disaster.

If you are a witness to aggressive driving this holiday season, some helpful tips to remember are:

-Call 911 so a police officer can assist in the situation.

-Increase the driving distance between you and the aggressive driver.

-Don’t respond to the bad behavior by acting out in return. You will only fuel the fire by retaliating.

-Don’t make eye contact with the aggressive driver.

-Keep a peaceful mind when you are driving in order to prevent your own aggressive driving behavior.

-Show respect to the other driver to prevent escalating their frustration and road rage Continue reading ›

Roadway departures are a leading cause of serious and fatal crashes in Florida. Roadway departures are defined as a vehicle leaving the road, either by crossing the median or center line or by veering off to the right and over the edge lines at the side of the road. Regardless, our Fort Myers car accident attorneys understand the increased risk of serious or fatal injuries when a vehicle leaves the roadway.

A 2008 report from the National Highway Traffic Safety Administration states the leading cause of Florida traffic fatalities is roadway departures. If a vehicle travels off the road, crosses the center or road edge line the crash is deemed a roadway departure accident. In Florida, 38% of all fatal crashes from 2005 to 2009 were caused by vehicles leaving their lane or running off the road.
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There are a number of reasons why roadway departure crashes occur. By understanding why such accidents occur, a motorist can better defend against the likelihood of being involved in such a collision.

-The leading cause is excessive speed. A driver going too fast may swerve in order to maintain control.

-Drunk or drowsy driving is another cause of roadway departure accidents.

-Road conditions such as flooding on the roadway may cause a driver to go across the center or edge lines. Most drivers swerve to avoid obstacles in the roadway in order to prevent hitting it which causes them to go outside the lines.

-Distracted driving is also a common reason why a driver can cross a center or edge line. Lastly, though the least common, when a vehicle breaks down it may leave the road. These are particularly dangerous because controlling the vehicle after a blown tire or engine shut off is difficult to manage in and of itself. Crossing over the center or edge line just adds insult to injury in terms of controlling the vehicle.

Though it’s a work in progress, the Florida Transportation Commissions 2008 report offered the four “E” solution to reduce road departure crashes. Their continual goals are to:

-Improve law “enforcement” practices on limited access and rural roadways.

-Increase the public’s “education” on roadway departures.

-Enhance or “engineer” roadway design.

-Escalate “emergency services” response to a crash.

These goals along with drivers being more careful on the roadways should lead to less roadway departure car crashes in the future.
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Snow birds flock to Florida, especially during the holidays. As an excuse to escape the cold weather doldrums, their families plan a trip to visit Mickey in Orlando, Jungala in Tampa, or their grandparents in Ft. Myers. Roadways in Florida become much more congested this time of year due to the tourist season as well as the holiday traffic in going to malls or family gatherings. Everyone should allow extra time and extra patience to avoid Fort Myers car accidents during the holiday season.

In 2009, Florida ranked third highest in holiday traffic fatalities among all 50 states.
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The Fatality Analysis Reporting System from the National Highway Traffic Safety Administration reported there were 74 fatalities on Christmas Day, 13 fatalities on New Year’s Eve, and 78 fatalities on New Year’s Day in Florida last year.

Nationally, there were a total of 1,719 traffic fatalities occurring on Christmas Day (640), New Year’s Eve (75), and New Year’s Day (1,004). Florida accounted for almost 10% of the fatalities during these three holidays. What’s more disturbing is 17% of traffic fatalities occurring in the United States on New Year’s Eve were in Florida. This statistic is second only to Texas who reported one more fatality than Florida.

This is as good of time as any to review some safety tips that can help driving on congested roads during the holiday season, especially on New Year’s Eve:

-Be aware of other drivers around you by checking all of your mirrors regularly.

-Drive at a speed that blends in with other drivers by maintaining the speed limit. In other words, don’t speed or drive at a snail’s pace.

-Driving under the influence is never a safe option so you need to be proactive by having a back-up plan if you plan to be drinking.

-Exhibit patience with out-of-state drivers as they may not know where they are going which can cause them to drive erratically.

-Rather than cutting drivers off, show courtesy on the roadways by allowing ample time to move over or make your exit.

-Failure to wear your seat belt is breaking the law and could result in more serious injuries in the event of an accident.

-If staying home or staying over is an option, opt to make the safer choice by staying off the road during peak travel times.
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Two-thirds of the motoring public would support an outright ban on drivers using cell phones, according to a new study cited by the National Safety Council.

Our car accident lawyers in Fort Myers and Naples continue to monitor the issue of cell phone use and text messaging by drivers. The National Highway Traffic Safety Administration blames cell phone use and text messaging by drivers for a substantial number of the 5,474 motorists killed last year in distracted driving accidents. The government estimates another 448,000 were injured.
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Yet Florida is one of a dwindling number of states where lawmakers have done nothing to prevent drivers from text messaging or using cell phones while behind the wheel. According to the Governor’s Highway Safety Association, Florida joins only Hawaii, Idaho, Ohio, and South Carolina as states with a complete lack of regulation or reporting on the issue.

-8 states ban hand-held cell-phone use entirely: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-No state bans cell phones completely (both hand-held and hands-free)

-However, 28 states and D.C. ban all cell phone use by teenagers and/or new drivers.

-School bus drivers are banned from using cell phones in 18 states.

-30 states make it illegal to text and drive, including 11 states that passed laws this year.

-An additional 8 states ban text messaging by novice drivers.

Not only has Florida failed to act, it is one of the very few states that have forbidden local governments from enacting ordinances of their own. For instance, Illinois forbids texting and driving, while the City of Chicago prohibits drivers from using hand-held cell phones altogether.

It is that patchwork of laws that has the NSC and others concerned about potential confusions, particularly during the busy upcoming travel season.

“The public is fed up with their safety being jeopardized because of phone calls,” said David Teater, senior director of Transportation Initiatives for NSC. “It is our hope that elected officials realize the strong public support for laws, and that they are quickly passed to protect motorists and others on our roadways.”

The new study found two-thirds favored a nationwide ban on cell phone use by drivrs, while half thought such a ban would increase traffic safety “a great deal.”
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The National Safety Council has announced a partnership with Allstate Insurance that will establish a Florida coalition to promote safe teen driving.

Our Fort Myers personal injury lawyers urge you to speak to your teen drivers about the risks associated with poor driving choices. The National Highway Traffic Safety Administration reports that car accidents are the leading cause of death for teenagers. And Cape Coral car accidents involving teenagers have made that city one of the most dangerous of its size in the nation for young drivers.
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Florida is one of 10 states where coalitions are being formed. The others are California, Illinois, Maryland, Minnesota, New Jersey, New York, Pennsylvania, Tennessee and Texas.

“While our roads have never been safer, car crashes remain the No. 1 killer of all people from 1 to 34 years old, with teens crashing four times more often than any other age group. We must act now to create new social norms behind the wheel starting first with our youngest drivers,” said Joan H. Walker, senior vice president, Allstate Insurance Co. “With its long legacy of building safety coalitions, NSC is the ideal organization to lead new state efforts to change the teen driving culture.”

Florida car accidents involving young drivers claimed 516 lives in 2008. Only California (593) and Texas (650) reported more deaths involving teen drivers.

“Funding from The Allstate Foundation allows NSC to develop a coordinated strategy for building effective state coalitions,” said Janet Froetscher, NSC president and CEO. “The coalitions will mobilize state leaders to find unique solutions to the teen driving issue and save young lives for generations to come.”

Participants will include local and state law enforcement, public health personnel, the media, injury prevention groups and tees and parents, including family and friends of teen crash victims.
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Recent allegations of abuse at a Cape Coral nursing home is a reminder to each of us that we must do our part to ensure the safety and comfort of our most vulnerable older adults this holiday season.

Our Fort Myers nursing home neglect and abuse lawyers encourage you to visit friends or loved ones in a nursing home or assisted living facility this holiday season and to share any concerns about conditions with the authorities or with an experienced attorney.

833821_hands.jpgThe News-Press reports three workers were fired amid a state investigation into allegations of abuse. A spokeswoman for Clare Bridge, which provides Alzheimer’s and dementia care, said the employees were fired for violating company policy. The spokeswoman for the home’s parent company, Brookdale Senior Living, said the terminations were not related to the investigation but were tied to “failure to maintain confidentiality, disrespect, threatening others, and spreading gossip.”

Black Friday gets the attention, but the next two weeks are make or break time for retailers, big-box stores and area malls looking to cash in on the holiday season. Business and property owners must work at least as hard to ensure a safe environment for customers and invited guests as they do at drawing customers into their businesses with last minute sales.

Our premise liability attorneys in Fort Myers and Naples understand the common dangers faced by employees and customers of retailers through the holidays. A business or property owner has an obligation to maintain safe conditions and an environment free of common dangerous conditions like wet floors and loose handrails. When they don’t, and a customer is seriously injured, he or she can and should be compensated for their injuries, including medical bills and pain and suffering.
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Even the federal government issued a warning to start the holiday shopping season, when the Occupational Safety & Health Administration issued a stern reminder to some of the nation’s largest retailers regarding their obligation to the safety and welfare of employees and customers.

“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” said Assistant Secretary for OSHA Dr. David Michaels. “Many of these incidents can be prevented… with guidelines for avoiding injuries during the holiday shopping season.”

Common mall accidents and injuries on business property include:

-Slip and fall injuries

-Wet floors, loose handrails, crack or uneven sidewalks, dark or faulty stairwells
-Elevator and escalator accidents
-Dark parking lots
-Negligent security/Assault on business property
-Evacuation injuries
-Merchandise falling from shelving units
-Parking lot injuries Continue reading ›

Perhaps at no other time of the year are defective products injuries in Fort Myers a greater risk than during the holiday season. Holiday decorations, candles, toys and presents — even space heaters for those Southwest Florida cold snaps — can all spell danger if defective or used inappropriately.

The Consumer Product Safety Commission recently announced that the number of emergency room visits involving children injured by toys has increased substantially in recent years, from 152,000 in 2005 to 186,000 last year.
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“By limiting metals and chemicals in toys and making the voluntary standard mandatory, CPSC has put safeguards in place for toys to better protect children,” said Chairman Inez Tenenbaum. “The increase in injuries is a concern, and we want parents to make safe purchases and for children to be safe at play. To help keep what has been called the most wonderful time of the year happy and incident-free, CPSC is encouraging consumers to adopt a three-pronged safety approach.”

The organization reminds parents to choose age-appropriate toys, to purchase necessary safety equipment with skateboards and other toys, and to ensure a child has a safe place in which to play.

The government reports a total of 44 dangerous toys have been recalled so far this year, compared to 50 last year and 172 in 2008, when dangerous Chinese products were being recalled seemingly every week. But toys don’t tell the whole story — more than 100 other children’s products, including strollers, cribs and clothing, have also been recalled because of dangerous or deadly defects.

Fires, falls and other hazards associated with holiday decorating are also a concern. Each year, the government reports about 12,000 consumers are treated in hospital emergency rooms for injuries associated with holiday decorating. More than 160 are killed in fires caused by Christmas trees and candles.

“Home decorating for the holidays is a wonderful tradition, and CPSC wants to ensure that this holiday season is a safe and happy one,” said Tenenbaum. “To prevent a holiday tradition from becoming a holiday tragedy, keep lighted candles in sight, check trees for freshness, and don’t use lights with broken sockets or frayed wires.”

A safe holiday decorating guide is available here.

List of product recalls in Florida is available here.
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