Our Fort Myers car accident attorneys want to acknowledge Older Driver Safety Awareness Week by reminding you of the dangers that elder drivers can face as they get older. Awareness helps to detect a change in driving behavior in an elderly driver and the concerns that you may have regarding those changes.
There are a number of myths and facts about older drivers as recognized by
The state of Florida is planning a holiday crackdown on drugged drivers and could introduce proposals for tough new laws as early as next spring. The number of people dying in accidents caused by drivers under the influence of drugs is on the rise, both in Florida and across the nation.
Consulting an experienced Fort Myers car accident attorney or wrongful death lawyer is critical in any accident in which a motorist is seriously injured or killed. But cases involving drugs or alcohol are often among the most devastating and most complex that an experienced law firm can handle. Drug cases, in particular, require thorough investigation and representation. Even in cases in which a motorist is determined to have drugs in their system, proving they were impaired at the time of the crash is a more complicated matter.
As we reported recently on our Florida Injury Lawyer Blog, reducing the risks associated with drunk or drugged driving will be a priority through the holidays. Drug-related injury crashes are up more than 10 percent while injuries have increased nearly 20 percent, according to the Florida Department of Highway Safety and Motor Vehicles.
A family devastated by a 2007 drunk driving accident near Fort Myers Beach has been awarded more than $13 million in compensation for the crash, which killed two children and critically injured a mother and her oldest son.
Jordy Martinez, 1, and Jesus Martinez, 6, were killed in the crash. There surviving brother, Juan Martinez, and mother, Maria Bustamante, were injured when their vehicle was slammed into by a man racing off the beach after colliding with several cars in a bar parking lot.
Associates and Bruce L. Scheiner, Attorneys for the Injured, has represented the family for more than three years. Trial attorneys included founder and Senior Attorney Bruce L. Scheiner, Preston J. Scheiner and John Romano. The three-week trial ended Thursday when the six-woman jury returned a verdict of $12 million for pain and suffering and more than $1 million for funeral expenses, past and future medical expenses and punitive damages.
“When the death is a ripping away of a child, when it is sudden, when it is unexpected, when it is violent, when it is avoidable, when it is inexcusable, it is not impossible to deal with, but almost,” Ramano told jurors during closing arguments. “It’s unthinkable.”
As we reported in January 2009 on our Florida Injury Lawyer Blog, the driver, George Butler III, was sentenced to 15 years in prison and had his driver’s license permanently revoked as a result of the crash.
He was drinking at Top O’Mast Lounge on Fort Myers Beach when he reportedly struck several cars in the parking lot and fled off the beach bridge at speeds of about 80 mph. He struck several other cars before plowing into Bustamante’s vehicle. Butler faced 12 criminal charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury.
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The Florida Department of Highway Safety and Motor Vehicles is rolling out a host of drunk driving enforcement efforts for the holidays as law enforcement works to reduce the risk of drunk driving accidents in Fort Myers, Cape Coral and elsewhere in South Florida.
Too frequently, our Fort Myers accident attorneys are called to help a family in the wake of a tragedy caused by the senseless acts of a driver who has climbed behind the wheel after having too much to drink.
As part of National Drunk and Drugged Driving Prevention Month, law enforcement is reminding motorists that more than 21,000 crashes in Florida last year were attributed to alcohol and drugs.
“The holiday season is a time to celebrate, and no one should have to suffer the loss of a loved one at the hands of a drunk or drugged driver,” said Lieutenant Governor Jeff Kottkamp. “I am pleased to see our law enforcement agencies and safety advocates taking proactive measures to make the roadways safer for residents and for those visiting the Sunshine State during the holidays.”
Motorists are being reminded that the cost of a drunk driving conviction can be as high as $20,000, including fines, court costs, attorney fees, increased insurance premiums and prison and probation. Unfortunately, drunk driving crashes have been on the rise, even as the overall number of fatalities has declined.
“As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009,” said Florida Highway Patrol Director, Colonel John Czernis. “The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida’s tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving.”
Florida drunk driving facts:
-Forty-four percent of fatal crashes in Florida last year involved drugs or alcohol.
-Drug-related injuries increased by more than 19 percent last year.
-Drug-related crashes increased by more than 11 percent.
-New Year’s experienced the highest fatality rate per hour. More than half of the 34 fatal crashes last year involved alcohol.
-28 people died in Christmas holiday crashes last year on Florida roads.
Please celebrate the holidays responsibly:
-Plan ahead. Designate a driver.
-Take the keys. Make sure friends don’t drive drunk.
-As a party host, require designated drivers or other plans to avoid guests leaving your party impaired.
-Obey warning labels on prescription medication.
Dial *FHP (*347) to report impaired drivers.
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The Florida Highway Patrol and law enforcement throughout the state will be conducting increased seat-belt enforcement through Nov. 30, as the first “Click It or Ticket” campaign of the holiday season aims to reduce the risk of serious or fatal injuries in Fort Myers car accidents.
“Our message is simple. If you fail to buckle up, then expect a ticket,” said Major Timothy Ashley. “The hard working men and women of the Florida Highway Patrol will be diligent in enforcing our safety belt law. Our state troopers are committed to making a difference through education and enforcement.”
Florida law requires adult front-seat occupants to fasten their seat belts. Occupants under the age of 18 are required to wear seat-belts regardless of their position in the vehicle. Violations will result in a $30 fine plus court costs.
The National Highway Traffic Safety Administration is encouraging states, including Florida, to extend seat-belt laws to adult back-seat passengers and to increase fines and enforcement.
“We want everyone to have a safe and happy holiday travel season,” said Secretary Ray LaHood. “For the sake of your loved ones and everyone else on the road, please remember to buckle up and put away your cell phone every time you get behind the wheel.”
The federal government reports a 10 to 12 percent improvement in usage rates for states that move from secondary to primary enforcement laws. States that raise fines from $25 to $60 reported gains of 3-4 percent, while those with a $100 penalty saw usage rates improve by as much as 7 percent.
“Seat belts are the single most protective safety device ever invented for use in vehicles, saving thousands of lives each year. Now our research proves that when states step up sanctions, they’re rewarded with huge improvements in belt use,” said NHTSA Administrator David Strickland.
Florida’s usage rate recently reached a record high of 87.4 percent.
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The Florida Highway Patrol will utilize every officer on the force — including reserve officers, administrative staff and volunteers, to combat the risk of drunk driving accidents over the Thanksgiving holiday.
Our car accident attorneys in Fort Myers and Cape Coral urge you to enjoy the weekend with your family and to celebrate responsibly. For more than three decades, we have remained committed to fighting for the rights of families whose lives have been devastated by a drunk driver. These tragedies occur around the holidays with devastating frequency.
The Fort Myers News-Press reports that local authorities will also be on the lookout for impaired drivers and motorists who are a danger to themselves or others.
The patrol will also be on the lookout for aggressive drivers and incidents of road rage.
“The Florida Highway Patrol is committed to making Florida’s highways safe, and we plan to do that by bolstering our forces to reduce the number and severity of crashes,” said FHP Director, Colonel John Czernis. “During this hectic time, it is easy to lose your temper while driving as evidenced by recent incidents of road rage. Our troopers are prepared to take immediate action to stop others from placing innocent lives at risk, whether the weapon is a gun or a vehicle.”
The Naples Daily News reports hotel bookings have rebounded from last year, signaling what should be a busy weekend in South Florida. With Thanksgiving also signaling the traditional start of the winter tourism season, this weekend is a good time to start reminding yourself to allow extra time and patience to reach your destination.
Last year, 36 motorists were killed over the Thanksgiving holiday making Florida one of the nation’s deadliest states for holiday traffic accidents. The National Highway Traffic Safety Administration reports that 354 traffic fatalities were reported over last year’s Thanksgiving Holiday.
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The Fort Myers car accident lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safety and enjoyable Thanksgiving weekend with friends and family. Given this holiday sets off the busiest travel weekend of the year, we remind you that along with family time and holiday shopping sprees, comes an increased risk for South Florida car accidents.
And it’s not just the roads that will be busier, although the AAA Foundation projects that 42.2 million Americans will take to the roads to reach a holiday destination this Thanksgiving, an increase of 12 percent over 2009. Much of the increase is attributed to improved economic outlook, a decrease in personal debt and stabilized unemployment rates.
The Miami Herald reports that 24 million people will fly between Nov. 19-30. South Florida’s three major airports in Fort Myers, Miami and Fort Lauderdale are expecting a 3-to-7 percent increase in travel traffic Thanksgiving week.
The Florida Highway Patrol offers a list of tips for holiday travelers to help keep them safe on the roads:
~ Plan you travel route in advance and share with friends and family when you plan to leave and your expected arrival time at your destination. Make sure your cell phone is fully charged and with you in the car .
~ Keep doors and windows locked when you are in the car and when you stop. Don’t pick up hitchhikers or stop in unpopulated areas to ask directions.
~ If you leave your car, take valuables – your wallet, purse, cell phone – with you, or at least hide them from plain view.
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Florida is not doing enough to reduce the risk of serious and fatal traffic accidents, particularly those involving children, the National Transportation Safety Board said this week in recommending that the state strengthen its driving laws.
Our Fort Myers injury attorneys frequently report on the dangers car accidents pose to children in South Florida. The National Highway Traffic Safety Administration reports that traffic accidents are the leading cause of death for children ages 3 to 14, as well as for teen drivers ages 15 to 20. Additionally, Florida joins Texas and California as states that routinely report the greatest number of accidents in virtually every category, including pedestrian accidents, bicycle accidents and motorcycle accidents.
The News-Press reported that the federal safety watchdog cited Florida’s lack of a law requiring parents to use booster seats for children under 8 years old. South Dakota and Arizona are the only other states that have no requirements for children ages 4 to 8. About 3,000 children in that age group have died in car accidents in the last decade, according to the government, and about half of them were not properly restrained.
As we have reported on our Florida Injury Lawyer Blog, Florida is also among a dwindling number of states that have not enacted a law banning the use of cell phones or text messaging while driving. The Governor’s Highway Safety Association reports that only Florida, Hawaii, Ohio and South Carolina have no regulations aimed at distracted driving. Even school bus drivers can drive and text message under current Florida law.
The NTSB would also like to see Florida limit the number of passengers a teen driver can transport and would like to see a motorcycle helmet law, improved seat belt use and better enforcement of drunk driving laws.
“State governments are in a unique position to affect the most significant improvement in certain areas of transportation safety,” NTSB Chairman Deborah A.P. Hersman said. “Our Most Wanted List spotlights those states that have made noteworthy progress in better protecting the traveling public – and those that have not.”
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The Naples boating accident attorneys with Associates and Bruce L. Scheiner, Attorneys for the Injured, have been tracking the outcome of a local Sea-Doo lawsuit that reached a federal jury last week — A 21-year-old Naples woman saw the $1.75 million she was initially awarded reduced to zero, the Marco Eagle reports.
The woman, who is now a Florida Gulf Coast University student, was injured after slipping from the jet-ski on May 20, 2007. As an inexperienced passenger who had never ridden a personal watercraft prior to the accident, she was unfamiliar with the potential hazards – a point that would become a key issue of courtroom debate.
In an emotional retelling, she told the jury how she sustained serious internal injuries after water from the jet thrust shot inside her. Due to the severity of her injuries, the former cheerleader was required to wear a colostomy bag during the last few months of high school. She has ongoing medical issues from the accident and can only give birth by Caesarean section.
While the jury found the Sea-Doo driver and owner negligent, it found no negligence on the part of the manufacturer, which was the claim of the federal lawsuit.
With the holidays quickly approaching, seasonal visitors will be flocking to beach side hotels, motels and rental properties all over South Florida. That means that inexperienced and veteran boaters alike will be taking to the waterways.
Regardless of warning labels and stickers and even the advice and instruction of rental agents, it’s a good idea for anyone considering boarding a boat or taking a personal watercraft for a spin to take a boater safety course before climbing aboard. At the very least, read the owner’s manual and operator instructions before donning a life vest and heading out to sea.
And despite liability waivers and other actions rental companies take to protect themselves, such steps do not automatically absolve them from the responsibility associated with renting poorly maintained equipment or permitting rentals to customers who clearly lacks the skills or abilities to operate such vehicles in a safe and responsible manner. Those injured in a boating accident or JetSki accident should consult a personal injury lawyer in Fort Myers or Naples to discuss their rights.
The Florida Fish and Wildlife Conservation Commission reports that in 2009 alone, more than 70 percent of those injured in a personal watercraft accident were using borrowed or rented equipment. Operator inexperience, speeding and inattention were the top three leading contributors to South Florida personal watercraft accidents. And, the FWC further noted that most injury accidents involved a passenger or driver falling from the craft or striking another vessel or stationary object.
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A Fort Lauderdale plane crash that killed two students and an instructor is a stark reminder of both the popularity and risks associated with general aviation in South Florida.
Our Florida airplane accident lawyers understand the complexities involved with investigating and determining the causes of an airplane accident in Fort Myers, Naples or elsewhere in South Florida. Our Founding Attorney Bruce L. Scheiner, held an active pilot’s license for years and Attorney Preston J. Scheiner is a licensed multi-engine commercial pilot and is trained and licensed to fly the Citation Jet series of aircraft. Having a law firm that understands the complexities of aviation law and the aviation industry can help ensure that your rights are protected in the wake of a serious or fatal airplane crash.
Thursday’s accident killed a flight instructor and two students when the Piper PA-44 Seminole aircraft crashed while taking off from Palm Beach International Airport. A flight instructor and two students were among those killed. A passenger was taken to an area hospital, where he later died.
The plane was owned by Melbourne-based FIT Aviation LLC, the Florida Institute of Technology’s aviation school, the Sun-Sentinel reported.
Each year, the National Transportation Safety Board reports an average of about 1,500 airplane accidents in the United States. Florida and California lead the nation in airplane accidents, with each state reporting about 150 accidents a year. The vast majority of these involve single-engine piston airplanes.
Florida has more than 48,000 licensed pilots and more than 100 public airports. Determining the cause of an airplane accident, and making a recovery from those responsible, can be among the most complicated cases handled by a Florida personal injury or wrongful death law firm. State and federal regulations; the involvement of in-state and out-of-state pilots and insurance companies; plane ownership that is frequently a corporate entity; and acquiring maintenance and training records can all complicate aviation litigation in the wake of a serious or fatal accident.
With general aviation comes a responsibility to passengers, as well as those on the ground. When negligence is involved in a serious or fatal accident, victims can and should be compensation for medical bills, pain and suffering and other actionable claims. Whether they receive the compensation to which they are entitled can depend on their choice of law firms.
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Florida Injury Lawyer Blog
