Florida Injury Lawyer Blog

Boating Safely

April 13, 2010 | Associates and Bruce L. Scheiner

Powerboat%20USCG.jpg It’s prime boating season in Florida and its no wonder – the weather is perfect. Most of the boating accidents that happen in our state occur during the months of March, April and May when residents and tourists are enjoying our coastline and inland waters.

While cruising in a motorboat is a great recreational activity, it’s not without hazards. Did you know that the state of Florida was first in the nation for boating accidents in 2008? The US Coast Guard’s report on recreational boating shows that Florida had 616 reported accidents causing over $22.7 million in property damage during 2008 alone. In Southwest Florida’s three counties, Collier county ranked number 6 in the state for the highest number of accidents, Lee county ranked 9th and Charlotte county ranked 19th. Most of these accidents happened in broad daylight during afternoon hours and were caused most often by operator inattention to surroundings and other vessels.

So what can you do to be safer in the water?

Blinded by Distraction: Paying Attention Crucial for Pedestrians, Too

March 3, 2010 | Associates and Bruce L. Scheiner

Much has been written and reported about the dangers associated with distracted driving. Studies have shown that driving while talking on your cell phone, texting, sending emails or adjusting your MP3 player, among other new-age distractions, can be as deadly as driving while under the influence of alcohol or drugs. But while the focus of most information about this dangerous habit has been largely on those behind the wheel of a car, many may not know that a distracted pedestrian can also cause a tragic car crash.

Research has discovered that many people are unaware of their surroundings while simultaneously walking and using their phone or listening to music. Experiments undertaken by Western Washington University studied groups of pedestrians, and grouped them according to whether they were alone or with other people, were on their cell phone, sending a text message, listening to music through their earphones or simply walking without any electronic devices. The research project found that people who were using cell phones were more likely to walk at a slower pace, change directions more frequently and were less likely to acknowledge others than did those walking while not on their phones. To further test the attentiveness of pedestrians, the researchers added a distracting visual element to the mix – a clown on a unicycle – in order to gauge how many walkers recollected noticing it. Not surprisingly, they found that cell phone users were less likely to have noticed the somewhat unusual activity.

The term for this phenomenon is inattentional blindness, also known as perceptual blindness. While the Western Washington University study was one of the most recent, it was not the first – others have been done by Harvard University, in conjunction with researchers at the University of Illinois – Champagne Urbana. The phrase was first coined in 1992 by Arien Mack, a psychologist at the New School for Social Research, and Irvin Rock of the Department of Psychology at the University of California, Berkeley. The studies typically ask a group of subjects to watch a video or look at a computer screen showing an activity they are asked to follow closely, and afterwards report on what they have seen. In some versions, an intentionally distracting element is added, such as a person in a gorilla suit. Researchers have found that up to 50% of subjects are so focused on watching for what they are told to look for, that they report no recollection of seeing the gorilla suit.

U.S. Department of Transportation Announces Texting Ban for Commercial Drivers

February 26, 2010 | Associates and Bruce L. Scheiner

In an effort to show how serious they

are about the dangers of distracted driving, U.S. Department of Transportation

Secretary Ray LaHood announced a federal ban on texting for drivers

Florida Senator Pushing for Booster Seat Law

February 24, 2010 | Associates and Bruce L. Scheiner

Now that Florida has enacted a law that makes not wearing a seatbelt for adults a primary traffic offense, a Florida Senator is pushing for similar legislation regarding booster seats for children in cars. If he is successful, not having children of a certain age secured in a booster seat, just as with an adult driver and their seat belt, will become reason enough for law enforcement to pull a driver over and issue a citation.

Sen. Thad Altman, R-Melbourne, has filed a bill that would require children be secured by a booster seat harness. This is the fourth consecutive year he has pushed for the new law. The law came before former Governor Jeb Bush back in 2002, and was vetoed, with Bush referring to concerns over intrusiveness of government into family affairs. At that time, very few states had enacted similar legislation. Today, however, Florida, along with Arizona and South Dakota, are the only three states without such a law in place. Altman is vowing to hold his ground, continue fighting and see to it that his fellow lawmakers pass his bill, and saves young lives in the process.

Currently, Florida statutes require a child be in a child safety seat if they are 3 years old or younger. After age 3, with the absence of the booster seat law, children are supposed to use a seat belt, as are adult vehicle occupants. The problem is that many experts are concerned that standard seat belts can actually cause serious injury to a child, due to their height and weight. A properly designed and installed booster seat raises the child’s vertical position in the car, reducing the risk of injury that can come from them using a standard seat belt.

Driven to Death: Southwest Florida Roads Littered with Traffic Crashes

February 22, 2010 | Associates and Bruce L. Scheiner

Some recent data that tabulates the numbers of crashes and fatalities on roads throughout Southwest Florida should give area drivers reason to take notice. The information regarding which local highways and roads are the scene of the most accidents may not come as much of a surprise to those who drive them daily – but the numbers support what local motorists have often thought – there are far too many accidents in Lee and Collier Counties.

A recent report released by the Lee County Department of Transportation’s Public Works Departments compiles data to show the roads there that had the highest number of traffic accidents in 2008. The top 15 “hot spots” are identified here – the “2008 Rate” numbers indicate the number of crashes per million vehicles entering the specific intersection:

2008 High Crash Locations
On Street	Cross Street	2008	2007	2006	2008 Rate
US 41	DANIELS PKWY	59	90	89	1.64
US 41	SIX MILE CYPRESS PKWY	51	60	76	1.55
SR 82	COLONIAL BLVD	46	69	54	1.97
DANIELS PKWY	TREELINE AVE	43	52	40	2.03
COLONIAL BLVD	SIX MILE CYPRESS PKWY	43	60	70	1.41
SANTA BARBARA BLVD	VETERANS PKWY	42	63	39	1.59
US 41	PONDELLA RD	41	53	53	2.26
DEL PRADO BLVD S	VETERANS PKWY	41	86	49	1.07
US 41	PINE ISLAND RD NW	37	53	49	1.89
US 41	COLLEGE PKWY	36	47	66	1.26
COLONIAL BLVD	METRO PKWY	36	43	36	1.16
CORKSCREW RD	THREE OAKS PKWY	34	27	33	1.93
MCGREGOR BLVD	COLLEGE PKWY	34	47	50	1.41
COLONIAL BLVD	FOWLER ST	34	36	45	1.12
SUMMERLIN RD	COLLEGE PKWY	33	42	45	1.31

If there is any good news to take away from this information, it is that in all but one location, the number of accidents is down from 2007. Still, local government and law enforcement officials are constantly working to make area roads safer,
and reduce the number of accidents in Southwest Florida.

There are other reports compiled which detail the total number of crashes on Lee and Collier County roads, the fatality rates involved, and the causes of the accidents.
The U.S. Department of Transportation publishes a Fatality Analysis Report from information contained in law enforcement accident reports.

Lee County Traffic Deaths from 1994 to 2008

Fatal Accidents 1340

Total Deaths 1464

Drinking 25.3%

Speeding 17.5%

No Seat Belts 68.2%

Lee County Roads with Highest Death Counts from 1994-2008

Type of Road Name of Road Number of Deaths

INTERSTATE I-75 164

US HIGHWAY US-41 148

STATE HIGHWAY SR-80 83

_________________________________________________________

Collier County Traffic Deaths from 1994 to 2008

Fatal Accidents 713

Total Deaths 825

Drinking 19.5%

Speeding 16.4%

No Seat Belts 65.9%

Collier County Roads with Highest Death Counts from 1994-2008

Type of Road Name of Road Number of Deaths

INTERSTATE I-75 208

US HIGHWAY US-41 112

COUNTY ROAD CR-846 53

Recently, The Scripps Howard News Service conducted their own study of national and area roads via the newspaper and television outlets they operate throughout the country. (Scripps has no media outlets in Lee County.) The company’s reporters compiled data illustrating which roads were the most deadly, and called their special report “Killer Roads”. In the series, the Collier County information uncovered by reporters from The Naples Daily News revealed what most people would think to be obvious – the best way to reduce traffic crashes and fatalities is to not drink and drive, travel at the posted speed limit, wear your seatbelt, and avoid aggressive and distracted driving habits. Also, the series pointed out that there might be a correlation between expanding the number of Interstate lanes and reducing accidents. A Florida Highway Patrol spokesman was quoted as saying that more lanes equal less congestion, and the result is a reduced incidence of accidents.

“As the Scripps series pointed out, most of the traffic fatalities can be attributed to speeding, alcohol or drug impairment or not wearing seat belts,” noted Bruce L.
Scheiner, Founder and Senior Attorney at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A. He continued by adding that “distracted drivers who are texting, eating or using their cell phones have also been shown to be as dangerous as drunk drivers.”

Aggressively fighting for justice on behalf of accident victims and their families has been the mission of the experts at Associates and Bruce L. Scheiner, Personal Injury Lawyers since 1971. If you have been injured in a motor vehicle accident caused by the negligence of another or by a roadway that may be unsafe, we welcome the opportunity to speak with you. Please call 1-800-Dial-BLS or log onto www.focusedonjustice.com to arrange for a no-obligation,
free private consultation. If our firm works on your case, you pay us nothing unless we win.

For updates on this topic and others, subscribe to the Florida Injury Lawyer blog at the top of this page.

Convicted Drunk Driver Sentenced in DUI Crash Death of Iraq War Veteran

February 19, 2010 | Associates and Bruce L. Scheiner

Twenty-six months after causing a horrific DUI crash that claimed the life of a young Army soldier, Ashley East stood before Lee County Circuit Court Judge Thomas S. Reese for her sentencing on February 15th. The Judge allowed friends and family from both the prosecution and defense sides of the case to step up and offer testimony about Army Staff Sgt. Danny Beougher, his wife, Lauren, and East, the defendant. While the judge listened patiently, sobs from family members on each side of the case could be heard throughout the courtroom.

Sgt. Beougher was killed Dec. 8, 2007 on Hancock Bridge Parkway in North Fort Myers, while home on leave. His wife, Lauren Beougher, was critically injured when authorities allege a truck driven by East, 26, crossed the median and slammed into the Beougher’s Jeep Cherokee as they headed home for the holidays. Their car was filled with Christmas presents for their family.

Judge Reese noted that he “almost found it incredible” as he referred to comments made by East following the crash. East had stated that “she was only doing what everybody else does” when she made the decision to drive drunk that night. He said in his pre-sentencing statement that while East had testified that “she felt she was a victim of society and the media”, and she expressed “sincere regret for the accident she caused,” he felt the incident should not be categorized as an accident at all. Reese admonished East by saying her actions “killed a person, and almost killed someone else”, and “she alone was the person responsible for causing the crash.”

Local Nursing Home Accused of Abuse

February 15, 2010 | Associates and Bruce L. Scheiner

New Report Says 1 in 5 Nursing Homes Rated “Poor”

A Fort Myers nursing home facility faces charges of abuse of one of its residents following complaints registered by a family member. A Cape Coral woman is alleging neglect after finding her father bruised, his glasses broken and with feces on his legs, at Signature HealthCARE at College Park, which is located just off Cypress Lake Boulevard near University Drive. The woman found her father slumped over in his wheelchair, and unable to sit up. After being transported to the hospital, staff there reported that the man had fecal matter down his legs and into his socks, was wearing three soiled diapers, and also that he appeared to have a bad rash and looked like he had not been washed in days. This is apparently not the first charge of neglect or abuse at the facility, which operates nursing homes in 7 states and whose Florida headquarters are in Palm Beach Gardens. Officials with the Agency for Healthcare Administration are now investigating Signature HealthCARE, and The Florida Department of Children and Families also has its own investigation into the incident. DCF has reported 7 investigations into the facility in the last two months.

According to an analysis of newly released government data by the USA Today newspaper, 1 out of 5 nursing homes consistently received a rating of “poor” when considering factors like overall quality, staffing and health inspections. A search of the Signature HealthCARE facilities reveals that the Fort Myers property received a rating of 1 star out of 5 stars which designates it as a below average facility. The Signature HealthCARE facilities in Port Charlotte and Sebring each received 2. The company has 20 properties in Florida.

Trouble on the Road? Toyota, Ford Vehicle Problems Persist

February 11, 2010 | Associates and Bruce L. Scheiner

After announcing within the last two weeks that it was recalling a huge number of various models of vehicles due to problems with the accelerator pedal, Toyota Motor Corp. announced a worldwide recall of as many as 437,000 hybrid cars, including its popular Prius model, because of what may be problems with the braking system.

Additionally, Japanese news sources were reporting on Monday that Toyota was also gearing up to warn owners of the Lexus HS250h, also a hybrid model, that their cars may require similar repairs. This revelation will only further damage the Japanese auto maker by dragging its luxury line of vehicles into the same quagmire, and continue to damage the reputation of what had generally been regarded as one of the most quality-conscious car makers in the world.

The U.S. National Highway Traffic Safety Administration has received about 100 complaints involving the brakes of the Prius model. Two involved crashes resulting in injuries. (It is being reported that Prius models manufactured since May 2009 are not effected by the potential recall). Prius owners have reported what seemed to be a slight lag time between depressing the brake pedal and the actual slowing of the cars, as well as a pulsing of the brake pedal when braking on a bumpy road. While Toyota has said it is investigating the purported problems, it has also said it does not believe that there are safety concerns with the cars, and are questioning whether a problem actually exists.

Drowsy Drivers Responsible for Large Number of Car Crashes

February 9, 2010 | Associates and Bruce L. Scheiner

Drowsy%20driver.jpg While motor vehicle accidents caused by drunk or impaired drivers seem to grab the headlines, few people are aware of the dangers of driving while sleepy. The National Highway Transportation Safety Administration says there are just as many accidents caused by sleep-deprived drivers as there are involving drunk drivers. And drunk drivers, even though they are impaired, can usually react to an impending crash. Drivers who doze off at the wheel, however, have no warning of an accident, and the result is a more violent impact and aftermath.

Falling asleep at the wheel causes more than 100,000 car crashes per year, simply because the driver thought they were fine to drive a vehicle. The National Sleep Foundation reports that drowsy-driving accidents cause 1,550 unnecessary deaths, 71,000 injuries, and $12.5 billion in property losses and lost productivity every year. Not only are the drowsy drivers risking serious injuries or death for themselves, but putting fellow passengers, other motorists and pedestrians at risk as well.

Those who drive for a living are even more susceptible to the effects of falling asleep while driving. Long-haul truck drivers, cab drivers and others who work for long periods of time as professional drivers have a greater risk of falling asleep and general fatigue that can lead to a serious car or truck crash. Almost half of all truck drivers have admitted that they have fallen asleep while behind the wheel at least once during their professional driving career.

Airline Safety – Is Your Flight Really Cleared for Take-Off?

February 4, 2010 | Associates and Bruce L. Scheiner

If you knew how many times you’ve been onboard a flight that should not have been allowed to leave the runway, chances are you’d be far more concerned about airline safety.

According to a study conducted by USA Today and released on February 2, there are an alarming number of flights with mechanical and safety problems that are given clearance to take off when they should have remained on the tarmac. The newspaper’s six-month study found that millions of air travelers were on approximately 65,000 commercial carrier flights that should never have left the ground because the planes had not been properly maintained.

The Federal Aviation Administration, (FAA), the government entity which oversees airline safety compliance, has fined or has proposed fines against 25 commercial air carriers totaling over $28 million. The fines are related to maintenance violations, and occurred over the past 6 years. The most egregious offenses were by Southwest Airlines, which was fined $7.5 million last March. The airline operated 46 aircraft on almost 60,000 flights during 2006 and 2007 without having them undergo mandatory fuselage inspections intended to detect cracks in the body of the planes. The FAA determined that 6 of the planes did have cracks in the fuselage – and also that even though Southwest was aware they had not followed the required inspection routines, they continued to operate the same 46 aircraft for an additional 1,451 flights.